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Financial Services Technology 2017: Avoidance of Risk


Speaker(s): Brian F Clayton, David M. Ross, Dennis Conley, Donald R. Ballman, Gary Barnett, Jennifer Finnegan, John Rogers, Joseph Rosenthal, Patrick Jones, Peter Roman, Ramin Safai, Rashmi Chandra, Richard Raysman, Robert DiGiaro, Sandra L. Kirsch, Seth Rachlin, Timothy Belevetz
Recorded on: May. 5, 2017
PLI Program #: 186520

Dennis Conley, Managing Partner, Transition Partners

Mr. Conley is a managing partner with Transition Partners, a management consultancy headquartered in Reston, Virginia. He is a senior business and information technology executive and transformation leader with over 20 years of broad corporate and consulting experience. His extensive background and experience covers such areas as mergers and acquisitions, outsourcing, business development, technology management, organization development, business and strategic planning, and leadership training. Recently, he has been providing strategic advice for multiple merger and acquisition activities. He has directed over dozens of business process and information technology sourcing transactions valued in range from $1 million to over $250 million per year.


Gary Barnett is a former Deputy Director in the Division of Trading and Markets at the U.S. Securities and Exchange Commission, where he was responsible for (i) broker-dealer oversight, including capital, margin and segregation rules, governance and risk management; (ii) derivatives policy; (iii) certain trading practices; and (iv) Volcker.

Prior to joining the SEC, Mr. Barnett was the Commodity Futures Trading Commission’s Director of the Division of Swap Dealer and Intermediary Oversight. There he established the swap dealer registration and compliance programs, led the responses to the FCM and RFED crises following MF Global, including the reorientation of the exam program and the creation and adoption of the FCM customer protection rules, and formed DSIO’s CPO/CTA team and led many of its key initiatives.

Before joining the CFTC in 2011, he was a partner and head of the U.S. Derivatives and Structured Finance Practice Group at Linklaters LLP. Prior to Linklaters, he was a partner and co-head of the Securitization and Derivatives Practice at Shearman & Sterling LLP.

Mr. Barnett was an adjunct professor of law and taught Derivatives Regulation at Cornell Law School from 2012 through 2015, chaired PLI’s annual conference on New Developments in Securitization from 1995 through 2010, is co-Chair of the PLI annual conferences on fundamental and advanced swaps and other derivatives, and is a member of the New York, California and Oklahoma bars.


Sandra Kirsch is the Director of Global Privacy at KPMG International, where she sets the strategic legal and compliance direction and negotiates Agreements for a global network of member firms operating in over 150 countries, in regard to privacy and data protection.

Previously, Sandra led the privacy portion of the Security & Privacy practice at IBM. She was one of the first attorneys to handle global privacy at American Express, as Counsel for Consumer, Legislative and Regulatory Affairs. Both positions involved influencing legislation and regulators, counseling global clients and creating global compliance programs. Sandra’s privacy knowledge spans across the financial services, media, health care and consumer goods sectors.

Sandra is an Adjunct Professor at Seton Hall University Law School.

Prior to practicing law, she was an award-winning journalist at Fortune Magazine and NBC News.


As a member of Aon’s Law Firm Advisory Team and Loss Prevention group, Jenny advises law firm clients on risk management, professional responsibility and legal ethics issues, and law firm strategic planning. She has more than 20 years’ experience as a litigator and over 12 years of experience in professional responsibility counseling and defense of professional liability claims.

Prior to joining Aon in 2018, Jenny was the General Counsel of Herrick, Feinstein LLP, a mid-sized, full service law firm based in New York. Before taking on the General Counsel role, Jenny was a litigation partner at Herrick, focusing her practice on civil litigation for financial institutions and for manufacturers in the pharmaceutical, consumer products, and automotive industries.

Jenny graduated from Georgetown University Law Center in 1995 and earned her undergraduate degree summa cum laude from The College of New Jersey.

Jenny regularly speaks on professional responsibility and attorney-client privilege and work product topics. She is admitted to practice law in New York, New Jersey, and Washington, DC.


Dr. Rachlin has twenty-five years experience building and advising companies in the insurance, technology and business services sectors.  He has founded, built and negotiated the sale of two companies to publicly traded entities.  He has extensive experience as a consultant to over 50 Fortune 500 and middle market insurance companies in both the Life and Annuity and Property and Casualty businesses.  He has also advised numerous software, service, and hardware providers in the business application; data management; security, network and data center infrastructure; and information integration spaces.

Dr. Rachlin is currently Vice President and Portfolio Executive within Capgemini’s Insurance Business Unit.   In this role, he is responsible for managing all aspects of the firm’s relationships with P&C clients in the Central Region and Canada including direct oversight of two significant core system replacement initiatives.  He is also active in practice development surrounding Capgemini solutions, which support underwriting and product management transformation and predictive analytics.

Prior to joining Capgemini, Dr. Rachlin was President of the Information and Analytics Division of Advisen, a leading provider of data and analytics to the commercial P&C marketplace.   While at Advisen, he oversaw the successful launch of Advisen’s competitive intelligence and predictive analytics products and created a professional services organization to support their integration into customer systems and underwriting workflows.

Prior to joining Advisen, Dr. Rachlin was CEO of Moore Stephens Business Solutions (MSBS), a leading provider of performance management solutions to property and casualty insurance carriers, brokers and managing general agents.  Dr. Rachlin founded MSBS in 2006, grew the company to a $7 million annual run rate, and successfully concluded its sale to Cover-All Technologies in April 2010.  The sale delivered over a tenfold return to the company’s investors.

Previously, Dr. Rachlin served as a Partner of the TechPar Group.  At TechPar, Dr. Rachlin provided strategic direction, competitive positioning, and partner and channel development support for over 20 middle market technology providers.  Five of Dr. Rachlin’s clients were the successful targets of acquisitions by IBM, Oracle, Red Hat and Emerson Network Power.

Prior to TechPar, Dr. Rachlin was CEO of Connect Systems, Inc. a New York based data management consulting firm he founded in 1995.  At Connect, he and his team built systems to automate customer and investor outreach in association with four demutualizations (insurance IPO’s) and eight class action settlements.  These systems managed the distribution of over 200 million pieces of mail as well as complex workflows involving over five billion pages of documents.  In 2002, Dr. Rachlin negotiated the sale of Connect to Net2S, a publicly traded French IT staffing firm later acquired by British Telecom.

Dr. Rachlin holds an undergraduate degree in History from Princeton University, a Ph.D. in Sociology from Columbia University, and has published widely in academic, technical, and popular journals.


Patrick R. Jones is Vice President, Associate General Counsel for Fidelity Investments in Boston, MA.  He is co-lead for the Legal Department’s Transactional Center of Excellence, which provides core transactional support across the enterprise.  His responsibilities include providing support and advice to all Fidelity business units on technology and licensing agreements, strategic partnerships and global technology law issues.  Mr. Jones also provides guidance on trademarks, patents, copyrights, trade secrets, social media law, privacy and data protection, intellectual property dispute resolution, and information security. Mr. Jones has extensive experience in cloud computing transactions and data and information licensing.  He provides substantive and educational support for Fidelity’s procurement team and is the author of Fidelity’s vendor contracting standards.


Peter Roman is a Senior Counsel in the Computer Crime and Intellectual Property Section (CCIPS) of the Criminal Division of the U.S. Department of Justice in Washington, DC. CCIPS leads the Justice Department’s efforts to address computer crimes worldwide. As a CCIPS prosecutor, Mr. Roman investigates and prosecutes complex international cybercrimes, trains US and foreign law enforcement on cybercrime and electronic evidence matters, and helps to develop laws and policies relating to criminal use of computers and the Internet. Mr. Roman’s prior cases include the investigation, extradition, and prosecution of Guccifer, a notorious Romanian hacker who breached the email and social media accounts of numerous high-profile celebrities and politicians and published the contents online.

 

Prior to his employment at the U.S. Department of Justice, Mr. Roman was an associate at Arnold & Porter LLP, a prominent international law firm. While at Arnold & Porter, Mr. Roman provided legal advice to clients concerning data breaches and other computer crimes and aided clients in developing cybersecurity and data privacy policies and procedures.

 

Before attending law school, Mr. Roman spent 13 years working in the computer industry, primarily as a database and system administrator and architect. Mr. Roman has extensive experience designing, implementing, and securing large-scale, mission-critical, web-enabled data collection systems. Mr. Roman completed graduate coursework in computer programming at Johns Hopkins University in Baltimore, MD and has extensive technical training on database administration, system administration, and cybersecurity. Mr. Roman’s technical skills include Oracle database administration and design, UNIX system administration, and PHP programming.

 

Mr. Roman has published multiple articles in academic journals on legal aspects of computer crimes and on designing large-scale data collection systems. Mr. Roman was also a primary author of the privacy and cybersecurity sections of U.S. federal technical standards for collecting data on the homeless.

 

Mr. Roman holds a Juris Doctor from the Georgetown University Law Center in Washington, DC where he was on the Dean’s List and edited the Annual Survey of White Collar Crime for the American Criminal Law Review. Mr. Roman also has a bachelor’s degree in Anthropology from Vassar College in Poughkeepsie, NY.


Rashmi heads the Intellectual Property/Information Technology law practice group at Aetna Inc., one of the nation’s premier providers of health care, dental, pharmacy, disability insurance.  She oversees all legal and strategic enforcement and maintenance issues relating to the Aetna enterprise and its subsidiaries’ intellectual property assets.  In addition, her work focuses on brand counseling, IP licensing, advertising reviews, data security, technology and software legal issues, oversight of the patent portfolio and social media.

Rashmi graduated with a J.D. as a Harlan Fiske Stone scholar from Columbia Law School.  She began her career at Kirkland & Ellis and subsequently joined W.W. Grainger, Inc. as Senior Corporate Counsel before joining Aetna.


Timothy D. Belevetz is a partner in Holland & Knight’s Washington, D.C., and Tysons offices. A former federal prosecutor and U.S. Securities and Exchange Commission (SEC) attorney, he practices in the area of white-collar criminal defense, SEC enforcement, compliance and internal investigations. Tim represents companies and individuals in a range of government investigations and enforcement actions.  He also conducts internal investigations involving the Foreign Corrupt Practices Act along with other potential corporate misconduct and provides compliance counseling to companies designed to help prevent the need for such investigations.  He is a member of the firm’s National White Collar Defense and Investigations and Securities Litigation teams.

 

During his 12 years at the U.S. Department of Justice, Tim served both in the U.S. Attorney’s Office for the Eastern District of Virginia and at the Tax Division, where he prosecuted a wide array of white collar offenses against both individuals and entities.  During his eight years at the U.S. Attorney’s Office, where he most recently served as chief of the Financial Crimes & Public Corruption Unit, he prosecuted and investigated a range of complex financial crimes.  As a trial attorney in the Tax Division’s Criminal Enforcement Section, Tim led the prosecution of federal tax offenses.  He has extensive trial experience, having served as counsel in numerous federal trials involving securities and corporate fraud, tax offenses, health care fraud, fraudulent investment schemes, money laundering, bank fraud, identity theft, and arson, among others. In addition, he has prosecuted other white-collar matters such as FCPA violations, theft of trade secrets, and campaign finance offenses.

 

Tim has extensive securities litigation experience.  Prior to his tenure at the Justice Department, he spent two years at a leading national law firm defending civil securities fraud actions and representing clients in U.S. Securities and Exchange Commission enforcement matters.  Before that, he served for five years at the SEC’s Division of Enforcement, where he investigated and prosecuted federal securities law violations, including complex financial fraud, insider trader, accounting violations, unregistered securities offerings, and broker-dealer violations.

 

Tim received a B.A., cum laude, from Amherst College, a J.D. from William & Mary Law School, and an LL.M. in Securities Regulation from the Georgetown University Law Center.


Richard Raysman is a partner in the New York office of Holland & Knight.  Richard has been selected by Chambers as one of America's leading technology lawyers, and he is a regular guest columnist for The Wall Street Journal Technology Section.  He has represented clients in billions of dollars of outsourcing transactions, and he has litigated reported cases for the New York state and federal courts including Internet and licensing disputes.  Richard writes a monthly column for the New York Law Journal on "Technology Law".  He is a graduate of M.I.T. and prior to practicing law, he was a Systems Engineer for IBM Corporation for six years.


DAVID M. ROSS is an assistant general counsel with the Intellectual Property and Global Technology Unit of the General Corporate Law Section at MetLife.  David’s responsibilities focus on global strategic IT issues including intercompany platform development and integration, IT security and cybersecurity, IT policies and standards, business and technology process migration, and telecommunications matters.  He also has extensive experience in negotiating complex third-party outsourcing agreements, as well as software licenses, data licenses, and other forms of vendor agreements.

He has been on the faculty of the Practicing Law Institute in prior years, was the founding chair of the Committee on Telecommunications Law of the Association of the Bar of the City of New York and also served as the Association’s Administrative Law Committee chair.

Prior to MetLife, David had various legal positions at Lehman Brothers, Guardian Life, Kramer, Levin and Fried, Frank.

David received his B.A. from the University of Illinois, an M.A. in political philosophy from McGill University in Montreal, Canada, and his J.D. from the NYU School of Law.


John Rogers is the Managing Director and Chief Information Security Officer – Americas for BNP Paribas in New York City. Prior to that, he served as Chief Technologist for Booz Allen Hamilton in New York City. John has extensive information security experience in a variety of industries including financial services, retail, healthcare, higher education, insurance, non-profit, and technology services. John and his team focus on improving client cyber security programs, assessing such programs against industry standards, designing secure solutions, and performing cost/benefit analysis.