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Cloud Computing 2016: Key Issues and Practical Guidance


Speaker(s): Eric Tilds, Francoise Gilbert, Janine Anthony Bowen, John P. Hutchins, Mary Ellen Callahan, Merri A. Baldwin, Paul G. Karlsgodt, Steve Spears, Tanya L. Forsheit
Recorded on: Jun. 10, 2016
PLI Program #: 150651

Eric Tilds joined Logicalis in 2011, and was named Executive Vice President & General Counsel for Logicalis US in 2013.   He leads the company's Legal Services Group and is responsible for the company's legal work, compliance and risk management.  Additionally, he oversees the Information Security and Compliance Group for Logicalis US.  He also serves as Logicalis’ corporate secretary.

Eric has nearly twenty years of experience as a general counsel to technology companies.  Immediately prior to joining Logicalis, he was Vice President, Legal & Administration for Netarx, LLC, where he oversaw all operational functions during a twelve-year period of explosive growth, including legal, purchasing, human resources, administration and vendor relations.  Before Netarx, Eric worked as a consultant for both Arthur Andersen LLP and PricewaterhouseCoopers, servicing a broad array of Fortune 500 clients.

Eric holds a bachelor’s degree in economics from the University of Michigan and both law and MBA degrees from Wayne State University.  He and his wife Cary have two children and live in suburban Detroit.


Francoise Gilbert, CEO of DataMinding, is one the world’s top legal experts in the areas of privacy and data security compliance, data governance, and risk management. She is the primary author and editor of the law treatise "Global Privacy and Security Law" (2 volumes, 4, 000 pages; Wolters Kluwer publisher) which covers in depth the privacy and data protection laws of 68 countries on all continents.

Ms. Gilbert received the 2019 Vanguard Award (California Lawyers Association) in recognition of her pioneering work in the area of data privacy and security law.  She has received numerous accolades from her peers acknowledging her thought leadership in identifying and addressing the unique privacy and data security legal issues raised by emerging technologies, including recognitions by the National Law Journal as “Privacy & Cybersecurity Trailblazer”, and by Best Lawyers as a “San Francisco Best Lawyer of the Year” in the area of Data Protection. She currently focuses her research and analysis on the myriad privacy, security and ethical issues raised by the use of Artificial Intelligence (AI) and Internet of Things (IoT) technologies.

In her private practice, she assists clients in anticipating their data security, privacy, and information management obligations, and in addressing these obligations in the context of their business and revenue objectives. Projects include, among others, framing and designing disclosures and compliance programs to meet the most recent legal developments, such as the California Consumer Protection Act (CCPA), or the European General Data Protection Regulation (GDPR); structuring Data Protection by Design and by Default processes in the development of new products; or implementing practical structures to address global operations and cross-border data transfer restrictions.


Janine Anthony Bowen's technology-focused practice is on the front lines of innovation. An industrial engineer and forward-thinking counsel, she has earned a solid reputation for her aptitude with technology and intellectual property agreements, privacy and data protection, cloud computing, mobile commerce, and licensing and acquisition -- areas that benefit from her impressive background, including serving as a program manager at IBM and a senior consultant at Accenture. Her comfort with complex issues makes Janine a trusted advisor for clients negotiating technology-related deals with Fortune 500 companies, as well as those in need of intelligent analysis, cost control, strategic growth advice and thought leadership.

Janine's clients aren't the only ones who've taken notice of her strengths: In 2017, she became the first woman to receive the highest honor bestowed by Clemson University's College of Engineering, Computing and Applied Sciences, when she was inducted into the Thomas Green Clemson Academy of Engineers and Scientists.

Select Experience

  • Serving as lead counsel for a $100M ERP software and cloud services acquisition.
  • Serving as lead counsel for a $125M education technology and services business.
  • Serving as lead technology counsel on a $75 million ERP application management outsourcing.

Recognitions

  • The Best Lawyers in America© (2018)
    • Atlanta: Technology Law
  • Thomas Green Clemson Academy of Engineers and Scientists: Inductee (2017)
  • Clemson Alumni Association Distinguished Service Award (2016)
  • Leadership Atlanta: Class of 2011
  • Leadership Georgia: Class of 2009
  • Georgia Trend Magazine, "Legal Elite" (2008)
  • CloudU Certificate


John P. Hutchins is a seasoned technology lawyer who represents businesses in commercial and IP litigation, technology transactions, intellectual property and privacy and data security. He regularly works with clients on issues related to cloud computing, outsourcing, hosted services, technology licensing, systems and services procurement and project implementation.  He is recognized by Best Lawyers in America as a leading lawyer in the area of Information Technology, and he has been quoted regarding tech issues by news outlets such as National Public Radio, ForbesComputerWorld, the Atlanta Journal-Constitution and Law360.

Law School/Graduate School

 University of South Carolina


Merri Baldwin is a shareholder at Rogers Joseph O’Donnell in San Francisco, where her practice focuses on attorney liability and commercial litigation.  She has significant trial and arbitration experience, and litigates claims of legal malpractice and breach of fiduciary duty, motions to disqualify and sanctions as well as business litigation matters.  She regularly counsels lawyers and law firms on legal ethics and law practice management issues and represents attorneys in disciplinary matters before the State Bar of California.  Ms. Baldwin has provided expert testimony in a number of jury trials as well as arbitrations.  Ms. Baldwin is a member of the California Lawyers Association Ethics Committee, and is a past chair of the State Bar of California Committee on Professional Responsibility and Conduct.  She is a co-chair of the Legal Malpractice subcommittee for the American Bar Association Litigation Section Committee on Professional Services Litigation.  Ms. Baldwin served as the President of the Bar Association of San Francisco for 2017 and is the former chair of BASF’s Litigation section.  Ms. Baldwin frequently lectures to attorneys and professional organizations on issues related to litigation, legal malpractice and ethics issues, and she is a lecturer at the University of California at Berkeley School of Law, where she teaches professional responsibility.  Ms. Baldwin co-edited The Law of Lawyers’ Liability (ABA/First Chair Press 2012) and has served as a consulting editor for the Attorney Fee Agreement Forms Manual, published by Continuing Education of the Bar, California.  Prior to law school, Ms. Baldwin was a Fulbright Scholar at the London School of Economics.

Education

J.D., University of California at Berkeley, School of Law

B.A., Smith College, Magna Cum Laude with high honors


Primary Areas of Practice: Commercial law, technology, compliance

Law School/Graduate School: University of Chicago Law School

Steve joined Accenture in 2008 and is currently Senior Counsel for Offerings and Services Regulatory Compliance, where he advises leadership on regulatory compliance issues worldwide for a variety of business offerings including IT infrastructure, digital sales, energy services, and HR services. Prior to this role, Steve led a team of five lawyers supporting clients in the banking and payments processing industries.

Steve has focused on technology law matters for more than 25 years, both in-house and in private practice. Before Accenture, he served as lead counsel for the IT Outsourcing Division of Acxiom Corporation, and before that as counsel at Motorola in mobile data and cellular technology divisions. In private practice, Steve was an Associate in the Intellectual Property Department of Winston & Strawn. A graduate of Williams College and the University of Chicago Law School, Steve is admitted to practice law in Illinois.


Widely considered one of the country’s top privacy and data security lawyers, Tanya Forsheit has advised on high-profile matters involving confidential data and other sensitive information for over 20 years. Ms. Forsheit is Chair of Frankfurt Kurnit Klein & Selz’s Privacy & Data Security Group and Supervising Partner of the Los Angeles Office. She advises on the protection, processing and monetization of data, including matters related to interest-based advertising, privacy policies, mobile apps, cloud computing, smart devices, and data analytics.

Ms. Forsheit has advised on hundreds of information technology deals and transactions on behalf of both service providers and enterprise purchasers, including multilayered AdTech and cloud computing agreements. She is routinely called upon to help clients respond to time-sensitive security events and has advised on hundreds of such incidents. She has worked with dozens of multinational clients on the compliance requirements of the EU General Data Protection Regulation, and is currently representing dozens more in preparing for, and addressing the policy implications of, the California Consumer Privacy Act, taking effect in January 2020. 

The Legal 500 praised her in the 2019 edition as “incredibly responsive” and “everything you could ask for in an outside counsel.” The Daily Journal named her as one of the top 20 Cyber attorneys in California in its inaugural 2018 list, and has twice included her in its list of "Top Women Lawyers." She was one of three finalists for the Los Angeles Business Journal’s Cybersecurity Lawyer of the Year recognition in 2017.

Ms. Forsheit lectures widely on technology law topics and has been quoted on privacy and data security in publications such as the Wall Street Journal, Los Angeles Times, Forbes, ComputerWorld, Venture Beat, and Law360. She is currently an Adjunct Professor at Loyola Law School.

The International Association of Privacy Professionals (IAPP) has certified Ms. Forsheit as both an Information Privacy Professional (CIPP/US) and Privacy Technologist (CIPT). She sits on the Advisory Council of the Center for Democracy & Technology (CDT). Ms. Forsheit is a past President of the Women Lawyers Association of Los Angeles.


Paul Karlsgodt is the national leader of BakerHostetler’s national Class Action Defense practice team, with particular focus on data privacy and consumer class actions. He has represented companies in the insurance, healthcare, retail, energy and telecommunications industries in numerous nationwide and statewide consumer class action lawsuits and related litigation.

Paul is editor and primary contributor to the legal blog, ClassActionBlawg.com, which covers a variety of class action-related issues, including decisions, trends, best practices, news and reform, both in the U.S. and throughout the world. He is an active member of the Class Actions and Derivative Suits (CADS) Committee of the ABA Section of Litigation, chairing the Regional Meetings subcommittee.  Paul has defended clients in class action lawsuits arising out of some of the largest ever data security incidents as well as other class actions involving alleged violations of privacy rights.

Education

J.D., University of Denver Sturm College of Law, 1997

B.S., Purdue University, 1993

Classes/Seminars

  • Chair of the annual ABA Western Regional Program on Class Actions and Mass Torts
  • Presenter at webinar on “TCPA Class Actions: Pursuing or Defending Claims over Phone, Text and Fax Solicitations” (April 2017)
  • Speaker at seminar on “Cloud Computing 101: Key Issues and Practical Guidance” (May 2017)
  • Speaker at Federal Bar Association Annual Convention (September 2017)

Honors and Awards

  • Trailblazer in CyberSecurity and Data Privacy by the National Law Journal in 2015
  • Law360 MVP in the area of privacy law for 2014 and 2015
  • Chambers USA: Litigation: General Commercial in Colorado (2016, 2017)
  • Colorado “Super Lawyer” (2011 to 2017)


Mary Ellen Callahan, Chair of Jenner & Block’s Privacy and Information Governance Practice, has unique and broad experience with interfacing the protection of privacy with cybersecurity and national security issues. A nationally recognized privacy attorney with over a decade of outside counsel experience, she served as Chief Privacy Officer of the U.S. Department of Homeland Security from 2009 until August 2012. She is a prolific writer and speaker on cutting edge commercial privacy issues.