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Social Media 2017: Addressing Corporate Risks


Speaker(s): Aaron P. Rubin, Ali Kazemi, Barry Rosenfeld, D. Reed Freeman, Jr., Gillian M. Lusins, Heather L. Maples, Jarad Brown, John F. Delaney, Kathy L. Ossian, Kathy Rose, Kelly Ann Bird, Mark Bisard, Noah Stein, Ryan M. Garcia
Recorded on: Feb. 15, 2017
PLI Program #: 185496

Mark is American Express' "cyberlawyer."  He leads the Cyberlaw Unit in its support of the company's wide-ranging and constantly evolving internet law needs including those involving social media, mobile, the web, emerging technologies, e-contracting, SEO, affiliate marketing, key digital partnerships, and much more. 

Mark has been instrumental in the Company’s digital transformation, shepherding the Company through many innovative company and industry firsts.  He helped the company launch its first mobile apps, draft its first social media policy, navigate multiple website overhauls, and create the Company’s first fan pages, handles, pins, hang outs, blogs, groups and tweet chats.  He now continues to work with his innovative clients to achieve break through, but compliant, results.   Recently, he helped his clients launch an award-winning social commerce program allowing consumers to buy merchant goods on Twitter using only tweets.

Mark frequently speaks and provides training on these topics from the Alley to Valley.  He sits on Boards for the Word of Mouth Marketing Association, Legal Technology News’ Board of Advisors, and the Journal for Digital Marketing (UK).  He was recently awarded an “Effie” and the “Chairman’s Award for Innovation” for his work on social media initiatives at the company.

Before joining American Express in 2008, Mark worked for Thacher Proffitt & Wood LLP (NY, NY) and Jaffe Raitt Heuer & Weiss LLP (Detroit, MI) specializing in a wide range of general business, intellectual property, brand protection, technology, privacy, marketing, and internet law issues for small business and fortune 500 companies alike.   Mark was named Crain's Detroit top 40 Under 40 and received numerous community involvement awards and recognitions.

Prior to practicing law, Mark spent two years teaching at a small high school in rural Louisiana with the Teach for American program.  Mark now lives in Brooklyn with his wife Christie and their two sons.

Mark's first computer was a Commodore 64.


D. Reed Freeman, Jr. is a leading authority on privacy, cybersecurity, and online, mobile, and social media advertising and privacy law. Mr. Freeman serves as co-chair of the firm's Cybersecurity, Privacy and Communications Practice. 

Mr. Freeman has extensive experience defending clients in FTC and state consumer protection investigations and data breach responses. He also counsels clients on compliance with FTC and state trade regulation issues and advertising and privacy laws and self-regulatory codes. His clients include retailers, hospitality companies; financial institutions; software companies; hardware manufacturers; online, mobile, and social media publishers and advertisers; online, mobile, and social media application developers; data aggregators; advertising technology companies, advertising trade associations, industry coalitions, and seal providers; and social media-based advertising service companies. He also represents clients in false advertising disputes before the National Advertising Division of the Council of Better Business Bureaus, Inc. and the National Advertising Review Board.

Mr. Freeman joined the firm following 16 years in private practice, where he handled a wide range of privacy, data security and advertising matters, counseled companies on FTC compliance, and served as lead counsel in numerous FTC and state consumer protection investigations and negotiations. Before joining private practice, Mr. Freeman worked in the FTC's Bureau of Consumer Protection as a staff attorney, and as chief privacy officer and vice president for legislative and regulatory affairs for Claria Corporation, an online advertising software company. 

Mr. Freeman has been called a Regulatory & Compliance Trailblazer by The National Law Journal, and is consistently recognized by Chambers & Partners (Band 1), Legal 500, Best Lawyers in America, Washington DC Super Lawyers  and Washingtonian magazine. He is a member of the International Association of Privacy Professionals' Training Advisory Board and the Board of Editors for the new Cybersecurity Law & Strategy.

Mr. Freeman is a member of the International Association of Privacy Professionals' Training Advisory Board and is on the Board of Editors for the new Cybersecurity Law & Strategy. He is the co-author of CCH's Advertising Law Guide and Privacy Law for Marketers, and previously served as an adjunct professor of privacy and advertising law at George Mason School of Law. He is a fellow of the Ponemon Institute, an organization dedicated to independent research that advances responsible information, privacy and security management practices in business and government. He previously served as a member of the Department of Homeland Security's Data Privacy and Integrity Advisory Committee.

Practice Area

Regulatory and Government Affairs

Cybersecurity, Privacy and Communications

Data Security and Cybersecurity

Education

JD, University of Virginia School of Law, 1993

BA, History, University of Richmond, 1990

Bar Admissions

District of Columbia

Virginia

Clerkships

The Hon. Claude M. Hilton, US District Court for the Eastern District of Virginia, 1993 - 1994


Kathy Lynne Rose has been Counsel to Simpson Thacher & Bartlett LLP and has consulted on a wide variety of ethics issues. Kathy has more than 25 years’ experience practicing in the areas of banking, capital markets and securities, mergers and acquisitions. Kathy is a Lecturer-in-Law in Professional Responsibility at Columbia University School of Law, and she has also taught ethics seminars at The University of Chicago Law School.

Kathy has actively served on the New York City Bar Committee on Professional Responsibility and the Ethics Committee. She co-chaired a Joint Subcommittee tasked with reviewing and updating the City Bar White Paper on Advertising in light of developments in social media, and she has previously chaired a Subcommittee that commented on the COSAC amendments and restructuring of the New York Code of Professional Responsibility, which were adopted in 2009 as the New York Rules of Professional Conduct. She is a former member of The Association’s Banking Committee and the Eastern European Affairs Committee.

Kathy was General Counsel for the U.S. operations of Creditanstalt-Bankverein and Bank Austria Creditanstalt.

Kathy received her B.A., magna cum laude and Phi Beta Kappa, from Brandeis University and her J.D. from Columbia University, where she was a member of the Journal of Transnational

Law and a Harlan Fiske Stone Scholar. She received an interdisciplinary degree from the Parker School of Foreign and Comparative Law and graduated with Honors.


Primary Areas of Practice:

General

 

Law School/Graduate School:

NYU School of Law

 

Work History:

Squarespace, Inc., New York, NY

General Counsel (2015-present)

 

Tumblr, Inc., New York, NY

Associate General Counsel (2012-2015)

 

U.S. Attorney’s Office, Brooklyn, NY

Computer Hacking & Intellectual Property Coordinator (2012);

Assistant U.S. Attorney, National Security & Cybercrime (2009-2012), General Crimes (2008-2009)

 

Professional Memberships:

New York and California Bar


Primary Areas of Practice: 

Internet/Tech, Privacy, Data

Security, Consumer

Protection / Fraud,

Litigation, Policy

 

Law School: 

Fordham School of Law

 

Work History:           

Assoc., Patterson Belknap Webb & 
Tyler, LLP (2008-2015);

Law Clerk, Hon. James Orenstein, USDC-EDNY (2010);

Legal Aide, NYS AG’s Office, Charities Bur. (2004-2005);

Project Mgr., Omnipod (2002-2003)

Bus. Analyst, McKinsey (1999-2001)


John Delaney advises clients ranging from startups to FORTUNE 500 companies on licensing, intellectual property and technology-related matters. John’s experience includes negotiating complex IT and business process outsourcing contracts and service level agreements, joint ventures, software and content development agreements and licenses and similar transactions. John routinely advises clients on matters relating to social media, mobile apps, cloud computing, AI, big data analytics, smart contracts, blockchain and other emerging technologies. 

John also assists clients in identifying online liability issues and developing risk-reduction strategies, including in connection with data scraping, online marketing campaigns, user-generated content, voice platforms and interactive products and services.   

In the media space, John has extensive experience with the licensing of music, TV, film and other content for transmitting, streaming or downloading through traditional distribution channels and online platforms. 

In the social media space, John is highly knowledgeable of the rapidly evolving law of social media, social influencers and interactive marketing. He drafts and helps implement social media policies and guidelines, advises on compliance with the Digital Millennium Copyright Act (DMCA) and Communications Decency Act (CDA) safe harbors, and assists with online tracking and issues in connection with corporate blogs, third-party social media platforms and mobile applications.

John is a frequent author, blogger and lecturer on technology and intellectual property law developments.


Aaron Rubin is co-chair of the firm’s Technology Transactions Group. He advises clients on a wide range of complex transactions involving intellectual property and technology, including structuring and negotiating strategic licensing, development, collaboration, procurement, and distribution deals. Mr. Rubin also maintains an active practice counseling companies on the intellectual property aspects of mergers, acquisitions, asset spin-offs, and private equity investments.

Mr. Rubin's practice focuses on advising both established and emerging companies in a variety of data- and technology-intensive sectors, including software, SaaS, cloud computing, AR/VR, AI, gaming, healthcare, consumer electronics, social media, e-commerce and other online business models, and mobile applications. He has represented clients such as Autodesk, Facebook, Gap, Konami, Kaiser Permanente, Oculus, Softbank, Visa, and Yahoo, among others. Mr. Rubin is also a co-editor of Socially Aware, Morrison & Foerster's award-winning newsletter and blog devoted to the law and business of social media.

In addition, Mr. Rubin regularly provides pro bono assistance to various non-profit and charitable organizations such as Common Sense Media and the Starlight Children's Foundation, and is a member of the Board of Directors of California Lawyers for the Arts.

Mr. Rubin received his B.A. in philosophy from the University of California, Berkeley in 1991. In 2001, he received his law degree from the University of California, Berkeley, Boalt Hall School of Law, where he was an executive editor of the California Law Review and was elected to the Order of the Coif. Following law school, Mr. Rubin served as law clerk to the Honorable William H. Orrick and the Honorable Martin J. Jenkins, both United States District Judges for the Northern District of California.


Ryan Garcia is a Legal Director for Dell where he represents the global Social Media, Marketing, and Gaming organizations.  Prior to joining Dell, Mr. Garcia was a technology litigator representing DirecTV in hundreds of satellite piracy lawsuits and also represented Sun Microsystems in their copyright and antitrust lawsuits against Microsoft.  Mr. Garcia was a multimedia programmer and video game developer in his pre-lawyer life.

Mr. Garcia currently teaches Law and Social Media at the University of Texas School of Law.  He has given keynotes, spoken at, and chaired dozens of social media legal conferences around the country.  He has also been invited to speak on social media legal topics before the National Conference of State Legislatures, American Bar Association committees, and the Game Developers Conference.  Mr. Garcia frequently blogs about social media legal issues at SoMeLaw.wordpress.com.  His book, Social Media Law in a Nutshell, is out now and is guaranteed to be the best social media law nutshell you’ve ever read. Noted technology columnist David Pogue has called Mr. Garcia the funniest Dell lawyer he knows.


Barry Rosenfeld is Vice President and General Counsel with Novartis Finance Corporation, the US holding company for Novartis AG.  Barry has worked for Novartis Corporation and its affiliates and predecessors in the US and Switzerland since 1995, and provides legal counsel in a wide variety of fields.  Prior to his experience with Novartis, Barry worked for Kaye Scholer for nine years as a litigation associate at its office in New York.  Barry is a 1986 graduate of New York University School of Law and graduated from the University of Michigan in 1983.


Experience:
Ossian Law P.C., Founder & CEO, 2013-present
University of Phoenix, Advanced Certified Faculty Member, 2001-present
Oakland University, Adjunct Faculty Member, 2016-present
Miller Canfield, Senior Principal/Information Technology & Cyberlaw Section Chair, 1986-2013
Law Clerk to U.S. District Judge Robert E. DeMascio, 1984-1986

Education:
J.D., Magna Cum Laude, Michigan State University College of Law, 1984
B.A., Economics, Michigan State University, 1980

Professional Activities:
American Bar Association, 1986-present
State Bar of Michigan, 1984-present
Law Practice Management Section Council, 2015-present
Armenian Bar Association, Board of Governors, 2010-present
Armenian-American Bar Association, Past President 1995-1997; Board Member, 1995-present

Honors and Awards:
Best Lawyers in America, Information Technology Law, 2007-present; 2012 Detroit Information Technology Lawyer of the Year
Michigan Super Lawyers, Information Technology/Outsourcing, 2006-present
DBusiness Magazine, Top Lawyers, Information Technology, 2011-present
Michigan Lawyers Weekly, 2011 Women in the Law

Civil and Cultural Activities:
University of Dayton School of Law Annual Program in Law & Technology, Steering Committee, 2007-present
American Bar Association Foundation Life Fellow, 2013-present
State Bar of Michigan Foundation Fellow, 2010-present
Detroit Regional Chamber & Leadership Detroit, Graduate, Class XXII
Girl Scouts of Southeastern Michigan, Board Member, 2009-present, Vice Chair, 2015-present


Gillian Lusins is responsible for marketing and and production related intellectual property issues for NBCUniversal Media, LLC’s television related businesses. Her responsibilities include providing advice on all aspects of television and new media production, including development, production, distribution, licensing, rights and clearance for NBCUniversal’s fictional and reality prime time and late night television properties. She works closely with the marketing groups on promotional matters, with a particular focus on social media issues. She also provides advice relating to consumer privacy, music and other copyright and trademark questions.


Primary Areas of Practice
: Intellectual Property, Marketing

Law School/Graduate School: Columbia Law School

Work History: At NBCUniversal for twenty years.


Heather L. Maples is a Senior Special Counsel in the Office of Chief Counsel, Division of Corporation Finance, of the Securities and Exchange Commission.  Since joining the office in 2004, she has provided legal and interpretive advice on a wide range of issues arising under the federal securities laws, with a focus on corporate governance requirements and listing standards, shareholder proposals, implementation of the Securities Offering Reform rules, and the JOBS Act.  She has also been involved in Commission rulemakings on a number of topics, including say-on-pay, independent compensation committees, the U.S. proxy system, proxy access, and Regulation AB.  From 1998 to 2004, Ms. Maples served as an Attorney-Advisor for the Division’s Healthcare and Insurance and Transportation and Leisure disclosure review groups.  Ms. Maples received her J.D. from the University of Virginia School of Law, where she served as an Executive Editor of the Virginia Environmental Law Journal, and her B.A. in Government, cum laude, from the College of William and Mary.


Jarad Brown is an attorney in the Division of Privacy and Identity Protection of the Federal Trade Commission, Bureau of Consumer Protection. He investigates and litigates violations of U.S. laws enforced by the Commission that govern the privacy and security of consumer information. Jarad was an organizer and moderator for two of the Commission’s Start with Security events, facilitating discussions on security for connected devices, third-party software, and vendors. He has also spoken about online behavioral advertising, privacy by design, and cybersecurity in other panel discussion. Jarad was a member of the trial team litigating the Commission’s first administrative trial of unfair data security practices. He is a graduate of the University of California, Berkeley, Boalt Hall School of Law.


Ms. Bird counsels employers on employment and human resources issues, conducts and assists in investigations, and litigates as necessary in these areas. Her clients range from small, family-owned businesses, hospitals, and higher education institutions to regional based companies with thousands of employees. She represents her clients in proceedings in federal and state courts, and state and federal civil rights agencies, as well as arbitrations and mediations.

Her practice includes:

  • Developing, drafting, and assisting in implementation of employment policies, procedures, handbooks, and contracts;
  • Providing advice on equal employment, hiring, performance management, termination, and leave issues;
  • Conducting workplace training on a variety of topics;
  • Handling and advising on workplace and Title IX investigations and responses to employee and student complaints;
  • Responding to government agency charges, investigations and audits, including by the EEOC, state civil rights agencies, and the OFCCP;
  • Defending management in litigation relating to discrimination, harassment, whistleblower, wrongful discharge, tort, and contract claims;
  • Representing individual officers, directors, and employees who have been sued personally for discrimination, sexual harassment, wrongful discharge, and related tort and contract claims; and
  • Advising clients on labor matters and supporting clients in defending labor arbitrations, unfair labor practice charges, and union organizing campaigns.

Employment Counseling and Training
Ms. Bird provides counseling services to help every client create a legally compliant workplace and a more productive and efficient workforce. She advises employers on employment and human resources issues and also trains employees on topics essential to the workplace or their particular positions. For example, Ms. Bird's recent training sessions included a performance management session for a small team of supervisory employees, as well as company-wide anti-harassment training.

Investigations
Ms. Bird conducts investigations into allegations of misconduct involving Title VII, Title IX, and state laws, as well as workplace and student codes of conduct and policies. Over the past year, she has investigated bullying and discrimination allegations as well as human resources compliance issues.

EDUCATION
Seton Hall University School of Law (J.D.)
College of the Holy Cross (B.A.)
University of Virginia (M.A.T.)