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TechLaw Institute 2017: The Digital Evolution


Speaker(s): Christin McMeley, Elyse M. Dreyer, Esra A. Hudson, James G. Snell, John C. Yates, Joseph V. DeMarco, Justin Chang, Karen McGee, Keith Yandell, Keith L. Larney, Laura C. Pirri, Laura D. Berger, Lucian T. Pera, Marc S. Roth, Martin J. Collins, Matthew Ahn, Matthew Parrella, Michele Lee, Nikki S. Sokol, Pamela A. Bresnahan, Scott Maples, Tristan Ostrowski, Tsan Abrahamson, Tyler G. Newby
Recorded on: Mar. 6, 2017
PLI Program #: 184795

Esra Hudson’s practice focuses on all aspects of employment law and related litigation. She represents companies in state and federal court in claims of discrimination, harassment, wrongful discharge and related tort claims, breach of contract, trade secrets, and unfair competition, and all other employment-related matters. Ms. Hudson also defends companies against employment-based class actions. She regularly represents employers in proceedings before state and federal agencies, including the California Department of Fair Employment and Housing, the California Division of Labor Standards Enforcement and the federal Equal Employment Opportunity Commission. Ms. Hudson’s litigation practice also includes extensive experience in alternative dispute resolution, including arbitration and private mediation.

In addition to a litigation practice, Ms. Hudson advises companies on a variety of employment and personnel management issues. She also regularly develops employment manuals and policies, as well as executive employment and severance agreements. Ms. Hudson provides a wide array of management training on a variety of employment-related subjects, including sexual harassment and discrimination prevention.

Ms. Hudson provides services for companies in a variety of industries, including entertainment, financial services, healthcare, transportation, insurance, manufacturing, the service industry and nonprofits.

Education

University of California Los Angeles School of Law, J.D., 1999.
Member and Symposium Editor, UCLA Law Review.
University of Wisconsin-Madison, B.A., with distinction, 1991


Joseph V. DeMarco is a partner at DeVore & DeMarco LLP where he specializes in counseling clients on complex issues involving information privacy and security, theft of intellectual property, computer intrusions, on-line fraud, and the lawful use of new technology. His years of experience in private practice and in government handling the most difficult cybercrime investigations handled by the United States Attorney’s Office have made him one of the nation’s leading experts on Internet crime and the law relating to emerging technologies.

From 1997 to 2007, Mr. DeMarco served an Assistant United States Attorney for the Southern District of New York, where he founded and headed the Computer Hacking and Intellectual Property Program, a group of five prosecutors dedicated to investigating and prosecuting violations of federal cybercrime laws and intellectual property offenses. Under his leadership, cybercrime prosecutions grew from a trickle in 1997 to a top priority of the United States Attorney’s Office, encompassing all forms of criminal activity affecting e-commerce and critical infrastructures including computer hacking crimes; transmission of Internet worms and viruses; electronic theft of trade secrets; illegal use of “spyware”; web-based frauds; unlawful Internet gambling; and criminal copyright and trademark infringement offenses. As a recognized expert in the field, Mr. DeMarco was frequently asked to counsel prosecutors and law enforcement agents regarding novel investigative and surveillance techniques and methodologies, and regularly provided advice to the United States Attorney concerning the Office’s most sensitive computer-related investigations. In 2001, Mr. DeMarco also served as a visiting Trial Attorney at the Department of Justice Computer Crimes and Intellectual Property Section in Washington, D.C., where he focused on Internet privacy, gaming, and theft of intellectual property.

Mr DeMarco is on the panel of approved neutrals of the American Arbitration Association (AAA) where he focuses on resolving disputes between businesses involving data privacy, high-technology and commercial law issues.  He speaks frequently on the benefits of ADR in the area of data security and privacy litigation.

Since 2002, Mr. DeMarco has served as an Adjunct Professor at Columbia Law School, where he teaches the upper-class Internet and Computer Crimes seminar. He has spoken throughout the world on cybercrime, e-commerce, and IP enforcement. He has lectured on the subject of cybercrime at Harvard Law School, the Practicing Law Institute, the National Advocacy Center, and at the FBI Academy in Quantico, Virginia, and has served as an instructor on cybercrime to judges attending the New York State Judicial Institute.

Prior to joining the United States Attorney’s Office, Mr. DeMarco was a litigation associate at Cravath, Swaine & Moore in New York City, where he concentrated on intellectual property, antitrust, and securities law issues for various high-technology clients. Prior to that, Mr. DeMarco served as law clerk to the Honorable J. Daniel Mahoney, United States Circuit Judge for the Second Circuit Court of Appeals.

Mr. DeMarco holds a J.D. magna cum laude from New York University School of Law. At NYU he was a member of the NYU Law Review. He received his B.S.F.S. summa cum laude from the Edmund A. Walsh School of Foreign Service at Georgetown University.  Mr. DeMarco is active in numerous professional associations including the:

  • International Bar Association (Technology and Litigation Sections);
  • International Association of Korean Lawyers (Regional Governor, New York Region);
  • New York State Bar Association, ADR Section;
  • New York State Bar Association, Commercial and Federal Litigation Section (Co-chair, Internet and IP Committee, 2009-present);
  • Connecticut Bar Association;
  • Fairfield County (CT) Bar Association;
  • New Haven County (CT) Bar Association;
  • New York City Bar Association (Co-Chair, Information Technology Law Committee; Past
  • Member, Copyright Committee); and
  • The Copyright Society of the U.S.A.

Mr. DeMarco is a Martindale-Hubbell AV-rated lawyer for Computers and Software, Litigation and Internet Law, and is also listed in Chambers USA: America’s Leading Lawyers for Business guide as a leading lawyer nationwide in Privacy and Data Security. He has also been named as a “SuperLawyer” for his expertise and work in the area of Intellectual Property Litigation. He has published numerous articles and appeared on major news programs in his practice areas; is a member of the Professional Editorial Board of the prestigious Computer Law and Security Review (Elsevier); and serves on the Board of Advisors of the Center for Law and Information Policy at Fordham University School of Law.

Mr. DeMarco has received numerous professional awards, including the U.S. Department of Justice Director’s Award for Superior Performance, as well as the Lawyer of Integrity Award from the Institute for Jewish Humanities. In his spare time he enjoys parenting, golf, and listening to classical piano.


Keith Yandell currently serves as both the General Counsel and Head of People at DoorDash, Inc.  Before becoming DoorDash's first General Counsel, Mr. Yandell worked as Director of Litigation at Uber Technologies, Inc.  While at Uber, Mr. Yandell managed numerous high profile matters including the company's primary independent contractor misclassification class action, a class action stemming from Uber's self-reported data breach, and an Unfair Competition Law case prosecuted by the Los Angeles and San Francisco District Attorneys.  In advising on these and other matters, Mr. Yandell worked closely with Uber’s executive team, including its General Counsel, Head of Communications, and CEO.  Prior to joining Uber, Mr. Yandell was an Equity Partner at Allen Matkins LLP, where his practice focused on complex class actions, particularly in the financial services space.

Mr. Yandell obtained his law degree from the UCLA School of Law, and his undergraduate degree from the University of California at Davis.


Matthew Ahn is a Senior Corporate Counsel in the litigation group at Oracle.  In addition to managing a large docket of intellectual property and commercial disputes, Matt handles FTC and FCC matters for the company and is involved with the affirmative licensing of Oracle’s Java platform.  Recent accomplishments include negotiating a $0 settlement and a litigation walk away with two non-practicing entities, participating in a number of successful IPR proceedings, and securing summary judgment of non-infringement in a complex patent litigation.

Previously, Matt was an attorney with Morrison & Foerster LLP, where he helped a client secure a billion dollar jury verdict in a landmark patent and trademark case relating to smartphones and tablets.  He is a graduate of Columbia University and Harvard Law School, and clerked for the Honorable James A. Parker in the District of New Mexico just before Breaking Bad fans began streaming into Albuquerque.


Nikki Stitt Sokol
Associate General Counsel, Litigation
Facebook

 Nikki Stitt Sokol is Associate General Counsel, Litigation at Facebook, Inc. In this role, she oversees Facebook’s litigation in the United States and Canada, including class actions, securities litigation, enforcement litigation, and assorted individual claims, and advises product, regulatory, and policy teams. Prior to Facebook, Nikki worked in private practice at prestigious large and boutique law firms in Chicago, Boston, and Palo Alto on a broad array of commercial litigation and white collar criminal investigations. She received her bachelor’s and law degrees from the University of Michigan and grew up in Boulder, Colorado.


Primary Areas of Practice:

 

Technology and Outsourcing Transactions, M&A, Corporate, SEC Reporting, General Practice

 

Law School/Graduate School:

 

Boston College Law School, JD

Harvard University, AB cum laude

 

Work History:

CA Technologies

Head of North American Field Legal

Head of Global Partner Legal

Divisional General Counsel for Nimsoft, a CA subsidiary

AGC in M&A/Corporate and US West Field Legal

 

i2 Technologies

AGC for Technology Transactions, SEC reporting, M&A, Corporate and Marketing

 

Law Firm Practice

Corporate Associate, Jenkens & Gilchrist

Corporate Associate, Edwards & Angell


Tyler G. Newby is a partner in the Litigation Group at Fenwick & West LLP, and co-chairs the firm’s Privacy and Data Security practice.  His practice focuses on privacy and data security litigation, federal and state regulatory investigations and counseling for high technology clients ranging from early-stage startups to mature public companies.  Prior to rejoining Fenwick & West in 2011, Mr. Newby was a federal prosecutor with the U.S. Department of Justice in Washington, D.C. where he was a Trial Attorney in the Criminal Division's Computer Crime and Intellectual Property Section, and a Special Assistant United States Attorney in the Cyber Division of the U.S. Attorney's Office for the Eastern District of Virginia.  In 2014, Mr. Newby was named among the top attorneys in the United States under the age of 40 by Law360.

Mr. Newby graduated from Stanford Law School in 1999, where he was a Notes Editor of the Stanford Law Review.


Elyse M. Dreyer is Senior Vice President, Compliance Counsel & Director of CSR, Americas, at Sotheby’s.  Ms. Dreyer has served as a Compliance lawyer at Sotheby’s since 2008.  She is responsible for Sotheby’s corporate compliance program, including establishing standards, policies and procedures to reduce illegal, unethical and improper conduct, communicating and providing advice and counsel regarding these standards and procedures company-wide, investigating breaches and maintaining open communication with relevant government and regulatory bodies.  Ms. Dreyer advises her colleagues on a wide and ever-broadening variety of issues, including data protection and information security, anti-money laundering, authenticity and title, cultural heritage, auction practices, and endangered species, among many others.  Over the past 8 years, Sotheby’s presence and activities online have grown dramatically, and Ms. Dreyer has been a key participant in virtually every step of Sotheby’s engagement online, including the introduction of online bidding, their forays into e-commerce, their evolving practices related to online marketing and collection of information and crafting of Sotheby’s new Privacy Policy and Cookies Policy. Ms. Dreyer also created and manages Sotheby’s Corporate Social Responsibility and Employee Engagement program. 

 Prior to joining Sotheby’s, Ms. Dreyer was an associate at Debevoise & Plimpton, with a practice focusing on international arbitration, complex domestic litigation and international and internal investigations arising from regulatory enquiries.  She also served as a law clerk to the Honorable Allyne R. Ross in the United States District Court for the Eastern District of New York.  Ms. Dreyer received her J.D. from Columbia Law School and a B.S. from The Edmund A. Walsh School of Foreign Service at Georgetown University.  Ms. Dreyer is a Member of the Board of Urban Arts Partnership, a non-profit organization bringing arts-integrated curriculum into underserved New York Public Schools to help close the achievement gap.  She has also served on the New York City Bar Association’s Art Law Committee and the Harlem RBI All-Star Committee.


Jim Snell is a partner in the Privacy & Security Group at Perkins Coie.  He represents clients in a broad range of complex commercial matters, including Internet and privacy issues, security issues, IP, false advertising, and class actions.  Jim’s experience includes, among other things, IoT, unmanned vehicles, wiretap and surveillance matters, AI and machine learning, the Communications Decency Act, biometrics, web scraping, data breach, and the Telephone Consumer Protection Act.

Jim is a Certified Information Privacy Professional (CIPP) as designated by the International Association of Privacy Professionals (IAPP).


Karen’s career has focused on providing her clients with business-oriented legal guidance on data privacy, technology, compliance, cyber security and intellectual property. At Intel, Karen is responsible for global privacy related legal support and guidance with particular emphasis on Intel’s data technology business initiatives such as artificial intelligence, data analytics and the internet of things.  Prior to its 2017 divestiture, she was lead privacy counsel for Intel subsidiary and consumer cybersecurity product leader, McAfee LLC. Karen is a strong advocate for diversity and inclusion and is part of the D&I team in Intel’s Law and Policy Group. 

Prior to joining Intel, Karen served in multiple leadership roles including Chief Privacy Officer at LifeLock, Inc., General Counsel at ID Analytics, LLC and Associate General Counsel at American President Lines (APL Limited).  During her tenures at LifeLock and ID Analytics, Karen was responsible for data privacy, cybersecurity, records and information management, regulatory compliance, intellectual property and infrastructure technology with critical focus on incident response management and preparedness.  She has built and matured data privacy compliance programs in each of her roles. While at APL, Karen spent several years traveling the globe training staff on compliance topics in countries throughout the Middle East, Asia, and Europe.

Karen is a Certified International Privacy Professional through the IAPP, and also serves as a chair for the Phoenix IAPP Chapter.  She received her J.D. with Honors from the University of San Francisco School of Law, her B.A. with Honors (Phi Beta Kappa) from the University of California at Berkeley and studied art in London with the American Institute of Foreign Study.  She enjoys speaking on topics relating to data analytics, diversity and inclusion, cybersecurity and privacy across the United States.  In her spare time, Karen is on the Board of Directors of Southwest Human Development in Arizona and volunteers with various cancer research, veteran’s benefits, and animal welfare organizations.  She is mother of twins, a competitive equestrian and an amateur photographer and mixologist.


Laura D. Berger is an attorney in the Division of Privacy and Identity Protection at the Federal Trade Commission. She enforces federal laws that protect consumer privacy. Recently, her law enforcement work has focused on the privacy and security standards applicable to social media and to the Internet of Things. She also has worked on the agency's efforts to educate app developers about privacy, including the recent guide “Marketing Your Mobile App: Get it Right from the Start.” In addition, she was author of the Commission's Safeguards Rule. She received a B.A. from Tulane University and a J.D. from the University of Michigan Law School. She works from the FTC's Regional Office in San Francisco.


Marc Roth works with clients to comply with state and federal laws and rules governing privacy, social media, sweepstakes, telemarketing, and advertising. He also counsels clients on transactional matters, and guides them through federal and state government investigations.

Previously chief compliance counsel for a Time Warner company and an FTC staff attorney, Marc draws upon decades of consumer advertising and marketing law experience when counseling clients. He frequently speaks and writes about privacy and telemarketing issues.

Marc drafts and amends online and offline privacy policies, and advises companies on how data may be collected, shared, and used in partner marketing arrangements. He also advises clients on laws governing data use and security. These include the Children’s Online Privacy Protection Act, the Gramm-Leach-Bliley Act, the Fair Credit Reporting Act, the Fair and Accurate Credit Transactions Act, the Video Privacy Protection Act, HIPAA, the CAN-SPAM Act, and the E.U. Data Protection Directive.

In the marketing arena, Marc counsels clients on how to develop and manage telemarketing programs that comply with the Telemarketing Sales Rule, the Telephone Consumer Protection Act, and applicable state laws. He also advises companies on how to develop and manage free trial, negative option, and continuity marketing programs in compliance with all applicable laws, regulations and credit card processing rules.

Additionally, Marc counsels clients preparing to conduct marketing campaigns through online social networks.


Mr. Yates is chair of the Corporate Technology Group of Morris, Manning & Martin in Atlanta. He is internationally recognized in the technology law and corporate finance fields. His firm represents technology companies in all stages of growth and is a leader in VC and private equity deals, IPOs and M&A transactions. Mr. Yates is co-founder of the Technology Association of Georgia, Southeastern Software Association, and Southeast Medical Device Association.  He has authored hundreds of articles and was cited by the U.S. Supreme Court in Kodak vs. Image Technical Services.

He received his B.A. and J.D. from Duke University and serves on the Board of Visitors at the Duke School of Law and Board of Trustees of Furman University.  Mr. Yates was chair of the 2013 NCAA Final Four Basketball Tournament in Atlanta in April 2013.


Scott is the former Vice President, General Counsel and Corporate Secretary of Ruckus Wireless, an innovative provider of Wi-Fi related equipment, software and services. At Ruckus, Scott built the legal department from the ground up, led Ruckus’s IPO, and then managed all aspects of Ruckus’s legal affairs as it scaled globally prior to its recent sale to Brocade Communications.

Prior to joining Ruckus, Scott was an AGC at Microsoft’s Silicon Valley Campus where he lead teams supporting a number of incubating and growth technology businesses serving the internet, communications, consumer electronics and entertainment industries.  Previously, Scott was VP, Business and Legal Affairs, for Virgin Interactive Entertainment, a videogame company within the Viacom family of companies. Scott began his legal career as a corporate and intellectual property associate at Stradling, Yocca, Carlson and Rauth, and was once an engineer for Hughes Aircraft Company where he developed software and managed a number of classified computer operations at Hughes’ headquarters in Culver City, California and in Hahn, Germany.

Scott received a bachelor’s degree in Computer Science, with Highest Honors, from UC Santa Barbara where he was a Regents Scholar and member of the Letters and Science Honors Council.  Scott received his J.D. from Boalt Hall School of Law at the University of California, Berkeley where he was Managing Editor of what is now the Berkeley Technology Law Journal and was Editor-in-Chief of the Boalt Hall Cross-Examiner.

Scott is also the president of the Board of Directors of the Law Foundation of Silicon Valley.


Tsan Abrahamson’s practice focuses on strategic counseling in the areas of social media, sweepstakes, intellectual property, advertising, trademark clearance, trademark and copyright prosecution, licensing, and other business transactions.  She also manages the adverse proceedings practice at the U.S. Patent and Trademark Office Trademark Trial and Appeal Board.  Tsan has an extensive practice in the area of marketing promotions, including social media promotions, gift card and gift certificate marketing, print and online sweepstakes, contests, give-aways, warranties, rebates, and coupon promotions.  Tsan completed her undergraduate work at Dartmouth College, and received both her JD and MBA from the UCLA School of Law and The Anderson Graduate School of Management.


Lucian T. Pera is a partner with the Memphis, Tennessee, office of Adams and Reese LLP. His practice includes civil trial work, including commercial litigation and media law, and he counsels and represents lawyers, law firms, and others on questions of legal ethics and the professional responsibility of lawyers. A Memphis native, he is an honors graduate of Princeton University and Vanderbilt University School of Law. He served for five years on the ABA “Ethics 2000” Commission, which rewrote the ABA Model Rules of Professional Conduct. From 1995 through 2009, he led the Tennessee Bar Association Standing Committee on Ethics and Professional Responsibility. Under his leadership, the committee developed and successfully proposed to the Tennessee Supreme Court new legal ethics rules for Tennessee based on the ABA Model Rules of Professional Conduct. He has chaired the editorial board of the ABA/BNA Lawyers’ Manual on Professional Conduct, has served as president of the Association of Professional Responsibility Lawyers, and serves as a member of the Advisory Board for the Miller-Becker Institute for Professional Responsibility of the University of Akron. Among his numerous publications, he co-authored the legal ethics chapter on both editions of the ABA Cybersecurity Handbook (2nd ed. 2017).He is also the immediate past Treasurer of the American Bar Association, a former member of its Board of Governors and Executive Committee, and has served in the House of Delegates since 1990. He also serves as President of the Tennessee Bar Association.


Christin McMeley, CIPP/US, is the Chair of Davis Wright Tremaine’s Privacy and Security practice. Christin advises companies in various industries in privacy compliance, information governance, data security, public policy, and regulatory matters. She advocates on behalf of clients before governmental agencies, legislative members and staff, represents telecom, cable, and wireless providers in regulatory proceedings before the FCC and counsels clients on regulatory policy and compliance. As a former Vice President, Chief Privacy Officer, and Deputy General Counsel to Charter Communications, Christin successfully implemented the company’s first privacy and data security program. She and her team keep clients up to date on important privacy and security-related developments at www.privsecblog.com.


Justin S. Chang is Corporate Counsel at Digital Realty, where he manages global litigation and employment matters for the company. During his career, Mr. Chang has represented domestic and international clients on business and litigation matters. He has experience litigating disputes through jury trial, advising legal departments on litigation and other legal matters, preparing antitrust and anti-corruption compliance programs for multinational corporations, and representing individuals and companies in connection with SEC, DOJ, Department of Labor, and internal investigations.


Martin Collins has served as General Counsel since April 2014 and as head of Compliance and Corporate Development since October 2014.

Prior to joining QuinStreet, Mr. Collins served as vice president of corporate development at Bloom Energy, a distributed energy provider, where he was in charge of all corporate development and legal matters. Prior to that, Mr. Collins was the general counsel and head of internal audit at Novellus Systems. He was also previously in charge of M&A and corporate and securities matters for Oracle Corporation’s legal department.

Mr. Collins received his law degree from Georgetown and holds a B.A from Williams College.


Michele C. Lee is the Associate Legal Director of Litigation and Competition at Twitter Inc.  In this capacity, she focuses on managing U.S. litigation for the company, including matters involving privacy, IP, unfair competition, and the First Amendment. She also counsels the company on competition matters.  Before joining Twitter, Ms. Lee managed complex antitrust and patent litigation at Visa Inc., where she also advised internal business leaders about how competition laws could affect business strategy.  Prior to joining Visa, Ms. Lee served as a Trial Attorney for the United States Department of Justice, where she litigated cases involving civil fraud committed against the U.S. government.


Tristan Ostrowski manages the Core Platforms legal team at Google, covering Android and Chrome OS.  Tristan is also Senior Product Counsel for Android, and reviews launches and works with business and product teams on legal and regulatory issues related to the Android platform, mobile apps, and location services.  He served as lead counsel on the past six major launches of the Android platform, and on the launches of Google Now, Google Play, and other Google mobile apps and services. In his roles, Tristan commonly deals with IP, privacy, security, competition, and consumer-protection issues. Prior to Google, Tristan was an attorney at Cleary Gottlieb, where his practice focused on IP and privacy issues for technology clients.


Assistant United States Attorney Matt Parrella is currently the Chief of the Computer Hacking and Intellectual Property (CHIP) Unit for the U.S. Attorney's Office for the Northern District of California (NDCA), where he also previously served as the San Jose Branch Chief. The NDCA CHIP Unit, which was the first created in the nation, is based in Silicon Valley and investigates and prosecutes complex trade secret thefts, economic espionage, computer intrusions, criminal copyright violations, and other high tech and intellectual property crimes.

Mr. Parrella is a career prosecutor with over 30 years’ experience in both U.S. Attorney's and District Attorney's Offices across the nation. He has personally prosecuted and tried cases ranging from murder, narcotics, tax evasion, money laundering, fraud, and arson, to computer hacking, export violations, intellectual property crimes, trade secret violations, and economic espionage.


Pam is a partner in the Vorys Washington, D.C. office and is the Chair of the litigation practice group in that office. She serves as trial and appellate counsel in business and commercial litigation matters, with an emphasis on professional liability, errors and omissions and coverage litigation.  She represents lawyers, financial institutions, broker/dealers, financial professionals, directors and officers, technology professionals, fiduciaries, insurers and other professionals. Pam serves as coverage and litigation counsel for insurers issuing errors and omissions policies. She represents businesses and individuals in securities, technology, intellectual property and other corporate litigation. She advises law firms and lawyers on management, ethics and risk prevention issues.  Pam is a Fellow of the American College of Trial Lawyers and has been named in Best Lawyers in America in the areas of professional liability, professional responsibility, commercial litigation and bet-the-company litigation.  Pam is a member of the ABA Board of Governors.  She is admitted to practice in Maryland, the District of Columbia, New York, California and Illinois.