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TechLaw Institute 2018: The Digital Evolution


Speaker(s): Amy L. Bomse, Dean W. Harvey, Dr. Lothar Determann, Edward Chang, Gary Barnett, Hugh Tower-Pierce, James G. Snell, John C. Yates, Joseph V. DeMarco, Justin Chang, Karen McGee, Lance Koonce, Laura D. Berger, Marc S. Roth, Merri A. Baldwin, Nancy Saltzman, Scott Thurm, Serena K. Lee, Tsan Abrahamson
Recorded on: Mar. 5, 2018
PLI Program #: 219955

Amy L. Bomse is a partner in the attorney liability and business litigation groups of Arnold & Porter LLP and is based in the San Francisco office.  Ms. Bomse focuses her practice  on representing lawyers and law firms in litigation.  She has defended lawyers in malpractice and breach of fiduciary duty claims as well as motions to disqualify.  She represents attorneys in responding to state bar inquiries.  She is frequently called upon to provide advice to law firms on compliance with legal ethics including conflicts of interest.  She lectures frequently on legal ethics issues and has published articles on the legal developments impacting the practice of law.

In addition to her practice representing lawyers, Ms. Bomse has represented a wide range of clients in the financial, insurance, agriculture and software industries in disputes at the trial and appellate level including shareholder derivative lawsuits, breach of fiduciary duty and bad faith claims.

In 2009, Ms. Bomse served as an Assistant District Attorney for the City and County of San Francisco. As an ADA, Ms. Bomse handled five jury trials. Ms. Bomse also maintains an active pro bono practice with a particular focus on campaign finance reform and civil rights.  She was a member of the team that represented the City of San Francisco in the landmark gay marriage case. 

While at Duke University School of Law, she was the Executive Editor of Duke Law Journal and a member of the Moot Court Board.


Lothar Determann practices and teaches international technology, commercial and intellectual property law.

At Baker & McKenzie LLP in San Francisco and Palo Alto, he has been counseling companies since 1998 on data privacy law compli-ance and taking products, business models, intellectual property and contracts international. He is admitted to practice in California and Germany. He has been recognized as one of the top 10 Copyright At-torneys and Top 25 Intellectual Property Attorneys in California by the San Francisco & Los Angeles Daily Journal and as a leading law-yer by Chambers, Legal 500, IAM and others. For more information see www.bakermckenzie.com.

Prof. Dr. Determann has been a member of the Association of German Public Law Professors since 1999 and teaches Data Privacy Law, Computer Law and Internet Law at Freie Universität Berlin (since 1994), UC Berkeley School of Law (Boalt Hall, annually since 2004), Hastings College of the Law (since 2010), Stanford Law School (2011) and University of San Francisco School of Law (2000-2005). He has authored more than 120 articles and treatise contributions as well as 5 books, including Determann’s Field Guide to Data Privacy Law (3d Edition, 2017) and California Privacy Law - Practical Guide and Commentary (2nd Ed. 2017).

 


Merri Baldwin is a shareholder at Rogers Joseph O’Donnell in San Francisco, where her practice focuses on attorney liability and commercial litigation. She handles claims of legal malpractice and breach of fiduciary duty, as well as motions to disqualify and for sanctions. She regularly counsels lawyers and law firms on legal ethics and law practice management issues. She represents attorneys in disciplinary matters before the State Bar of California, and has extensive experience handling attorney-client fee disputes. Ms. Baldwin 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. 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 (Boalt Hall)

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


Edward Chang is involved in underwriting, risk control, and catastrophe analysis for the company’s cyber insurance products. He is responsible for the Travelers Cyber Academy, an eight-part webinar series on issues relating to cyber security and cyber insurance, and he was principal author of the Travelers Institute publication “Empowering Organizations to Tackle Evolving Cyber Threats: A Cybersecurity Guide for Small and Midsized Businesses.”

Prior to joining Travelers, Eddie was a federal prosecutor in the Southern District of New York and the District of Connecticut, where he focused on prosecuting Romanian phishers, Nigerian fraudsters, and other computer hackers and cyber criminals.

In 2015, Eddie and his trial partner received the Director’s Award for Superior Performance by an Assistant United States Attorney in connection with the extradition and prosecution of thirteen defendants from Romania, Bulgaria, Sweden, and Canada who had been engaged in an extensive phishing conspiracy. In 2012, Eddie and his team were awarded the Attorney General’s Distinguished Service Award for successfully planning and executing the takedown of the “Coreflood” botnet, the first-ever U.S. law enforcement action of its kind.

Eddie was previously employed by Microsoft as a software development engineer in its Advanced Technology Division. He received a Ph.D. in Computer Science in 1994 from Stanford University and a J.D. in 1998 from the Yale Law School.


Gary Barnett is the founder and CEO of Digital Capital Markets, LLC, an SEC registered broker-dealer and FINRA member.

Mr. 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. 

 


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.


Nancy Saltzman has more than 20 years of experience advising large global organizations operating in complex and disparate economic and regulatory environments.  She is responsible for managing EXL’s global legal affairs, which includes mergers and acquisitions, strategic partnerships, SEC compliance and reporting, commercial matters, corporate governance, litigation oversight, intellectual property, and labor and employment law.  As Chief Compliance Officer she oversees all aspects of EXL’s compliance function. This includes the design and implementation of policies, programs and processes to manage and monitor the risks associated with legal and regulatory compliance, litigation, financial loss or reputational harm that could result from failure to comply with laws, rules, regulations, contract and other standards applicable to EXL’s operational activities.  Nancy also serves as the executive sponsor for EXL’s Legal Support Solutions business unit.

Nancy joined EXL from Westcon Group, Inc., a $4 billion value-added distributor of category-leading unified communications, network infrastructure, data center and security solutions, where she was Senior Vice President, General Counsel and Secretary responsible for the company’s global legal activities. During her nine and half years at Westcon Nancy also served as co-head of the Compliance function. Prior to joining Westcon Group in 2005, Nancy was a corporate associate for capital markets and merger and acquisition at Dewey Ballantine LLP. She also served as Associate General Counsel and Vice President, Investor Relations at Chartwell Re Corporation. She started her career at Shearson Lehman Hutton as a financial analyst.

Nancy holds a Bachelor of Arts degree from Amherst College and a Juris Doctor from Hofstra University School of Law.


Scott Thurm is Business Editor at WIRED magazine, overseeing coverage of Silicon Valley and related technologies. Scott joined WIRED in July 2017. From 1998 to 2016, Scott was a reporter and editor at The Wall Street Journal, most recently as senior deputy technology editor. While at the Journal, Scott was part of a team of reporters and editors that won the 2011 Gerald Loeb Award for distinguished business coverage for their series What They Know, about digital surveillance. The series was also a finalist for a 2012 Pulitzer Prize.

Prior to the Journal, Scott worked at the San Jose Mercury News, where he won another Loeb award, the Louisville Courier-Journal, and the Bethlehem, Pennsylvania Globe-Times.

Scott holds a Master of Studies in Law from Yale Law School, the result of a fellowship in 1983-84, and a B.A. from Tufts University with majors in mathematics and political science.


Serena Lee is the regional Vice President in the commercial division at the American Arbitration Association, overseeing the San Francisco and Seattle regional offices.  In addition to supervising large, complex commercial arbitrations and mediations filed with the AAA in Alaska, Washington, Oregon, California, Hawaii and Guam, Serena also maintains and recruits qualified panelists for the commercial roster.

A frequent speaker on the appropriate and efficient use of alternative dispute resolution processes, Serena received her J.D. from Benjamin N. Cardozo School of Law, where she also received her mediator certification through the Kukin Center for Dispute Resolution.

An active member of the regional and national alternative dispute resolution community, Serena is a member of the ABA Section of Dispute Resolution and is the current chair of the Section’s Fellows program and is a member of the ABA-DR’s Women in Dispute Resolution (WIDR), the Washington State Bar’s ADR Section, the National Asian and Pacific American Bar Association (NAPABA),  the Federal Bar Association, and the Los Angeles County Bar Association. She is a member of the New York State Bar, 1st Dept. and can be reached at LeeS@adr.org.


Dean W. Harvey, co-chair of Perkins Coie's Artificial Intelligence, Machine Learning & Robotics group, focuses his practice on technology related commercial transactions, product counseling and data privacy and security. He assists clients in acquiring and developing intellectual property, technology, software and other technology-related services. Dean has counseled FORTUNE 100 clients on AI and machine learning, product compliance, privacy and security, large software development projects; AI companies in negotiations with their clients, SaaS providers in establishing and operating their platforms; and technology companies in various data and technology licensing transactions.

Dean advises both providers and purchasers of machine learning solutions. He has represented both providers and buyers in establishing templates for negotiating machine learning and AI transactions. He has advised AI vendors in projects involving issues such as fraud detection, disease risk prediction, disease condition prediction, and image recognition and identification. He has assisted buyers in obtaining AI solutions in areas such as pricing optimization, claims editing, RPA and e-commerce site optimization.


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.


Lance Koonce is a Partner in the New York, NY office of Davis Wright Tremaine LLP who specializes in intellectual property and media counseling and litigation for clients in the advertising, publishing, music, television/film, and consumer products fields. He has two decades of experience analyzing the implications of emerging technologies across various industries, especially in the context of the content industries.

Lance graduated with honors from the University of North Carolina Law School in 1996. Prior to joining Davis Wright Tremaine, he was an associate with the boutique IP law firm Kay, Collyer & Boose LLP, and started his career as an attorney at Dewey Ballantine LLP.

Lance writes and speaks frequently on IP and technology issues, including blockchains and other distributed technologies.  He leads DWT’s cross-disciplinary blockchain initiative, and is the founder of the Creative Blockchain blog.  He also serves as the co-chair of the Law & Technology Committee of the New York County Lawyers Associations.


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.


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.


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.


Hugh is a senior manager in Two Sigma’s security department where he and his team focus on preventative and detective stages of information security threat management, in addition to incident response for IT security and physical security issues.  He is currently on the Content Committee for the Financial Services ISAC (“FS-ISAC”), and previously held positions at Fannie Mae and Norwich University, among others.  Hugh received a Bachelor of Science degree from Dalhousie University, in Halifax, Nova Scotia.