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The Law and Business of Open Source Software 2018

Speaker(s): Brian Avello, Carolyn Edgar, Carolyn H. Blankenship, Gregory Cram, Jeffrey D. Osterman, Justin Colannino, Karen M. Sandler, Kevin B. Jordan, Lori E. Lesser, Natalie Margulies, Rebecca Roiphe, Scott T. Weingaertner, Stuart D. Levi, Terry J. Ilardi
Recorded on: Nov. 14, 2018
PLI Program #: 220422

Jeffrey Osterman is a partner in Weil’s Technology & IP Transactions practice and concentrates on matters with deep commercial or technical complexity. He has had extensive experience with pure patent licensing, technology transfer, outsourcing, technology integration, content licensing and merchandising.

Mr. Osterman recently advised Sanofi in its worldwide exclusive licensing agreement with MannKind Corporation to develop and commercialize Afrezza (insulin human) Inhalation Powder; Verizon in connection with the acquisition of cloud TV technology from Intel; Lenovo in connection with the acquisition of Motorola Mobility from Google; and Mubadala and Sony/ATV in connection with the proposed $2.2 billion acquisition of EMI Music Publishing. Mr. Osterman also regularly represents Panasonic in connection with a wide variety of transactional matters involving consumer electronics and GE in connection with the IP aspects of numerous corporate transactions. He also counsels clients with respect to their rights under existing agreements and the development of new technologies.

Mr. Osterman lived in Japan from May 1997 to May 1998 where he worked in-house on loan to the headquarters of Panasonic Corporation.

Mr. Osterman is a member of the State Bar of New York and is admitted to practice before the United States Patent and Trademark Office. He has appeared on national television and lectured on intellectual property, electronic privacy and e-commerce throughout the United States and on U.S. intellectual property and contract law in Japan. He is also the Vice Chair of the IP Licensing Committee of the Intellectual Property Owners’ Association and is active in the open source legal community.

Mr. Osterman has received a number of awards for his expertise including being ranked by Chambers USA and Chambers Global as a national and global leader in the technology and outsourcing fields and by Legal 500 as a leading lawyer in the field of intellectual property. He is also recognized as an “IP Star” by Managing Intellectual Property’s IP Stars for Copyright, Counselling and Licensing, by Best Lawyers in America for Information Technology Law and in IAM Patent 2014.


Harvard Law School (J.D., cum laude, 1995)

Cornell University (B.A., cum laude, 1992)

Lori Lesser is a Partner at Simpson Thacher & Bartlett LLP, where she practices in the Litigation Department and is Head of the Intellectual Property Transactions Practice and Co-Chair of the Privacy and Cybersecurity Practice. Lori advises on all aspects of intellectual property, technology and privacy law, including corporate transactions, litigation, licensing, outsourcing, strategic agreements and counseling.

Her IP transactional experience includes mergers and acquisitions, securities offerings and secured financings, bankruptcy and restructurings, joint ventures, licensing, outsourcing, counseling and other strategic agreements. Her IP litigation practice comprises trial and appellate work and WIPO arbitrations.

Ms. Lesser is also consistently recognized by Chambers USA, The Legal 500 and The Best Lawyers in America, for which she has been named the “Information Technology Lawyer of the Year” for New York City. She has been listed in the “Top 50 Under 45” U.S. IP Lawyers (IP Law & Business magazine), the “Top 45 Under 45” U.S. women lawyers (The American Lawyer), and “The 20 Most Influential Women in IP Law” (Law360). She has been ranked in New York City’s top 100 lawyers and top 50 women lawyers by Super Lawyers. She has received the Burton Award for legal writing and the Award of Excellence from Volunteer Lawyers for the Arts. Her IP work in private equity deals has been featured on the cover of IP Law & Business.

Ms. Lesser has served as a David Rockefeller Fellow for New York City and corporate partner for GreaterNY and serves on the boards of the Partnership Fund for New York City and the Citizens Budget Commission. She is President of the Harvard Law School Association of NYC and serves on the Executive Committee of the Harvard Class of 1988. She is on the Advisory Board of ChIPs (chief IP counsel), the Business Advisory Council of ProPublica, the Leadership Council of Barnard’s Athena Center for Leadership Studies, and the Hunter College Pre-Law Advisory Board. She is a Fellow of the Foreign Policy Association.

Ms. Lesser graduated from Harvard University (A.B., magna cum laude and Phi Beta Kappa, 1988) and Harvard Law School (J.D., cum laude, 1993).

Terry Ilardi has, for the last 16 years, specialized in open source and copyright matters for the IBM Corporation as IBM’s Copyright Counsel. For that position he manages a team responsible for both copyright and open source reviews, another team responsible for copyright registrations, and provides daily counsel to the corporation on OSS and copyright matters. 

Mr. Ilardi is currently a member of the IPO’s Copyright Committee and the AIPLA’s Open Source subcommittee. He is currently an adviser to the American Law Institute’s (ALI) Restatement of the Law, Copyright and previously served as an adviser to the UC Berkeley Copyright Principles Project.  He taught software licensing at New York Law School for seven years and also served as an adviser to ALI’s Principles of the Law of Software Contracts project. He was an active participant in the GPLv3 Discussion Committee B from 2006 through the GPLv3’s publication in June, 2007 and additionally was chairman and founder of the Intellectual Property Owner’s Association Open Source Committee from its inception in 2002 through 2007. Mr. Ilardi has made numerous presentations on open source licensing, the GPL, mass market contracts and copyright for the ABA, AIPLA, IPO, PLI, Korean Copyright Commission and many other professional organizations and educational institutions and has published numerous articles on these same subjects.

Mr. Ilardi is a graduate of the SUNY at Buffalo Law School and holds a B.S. in Physics from SUNY at Stony Brook. He is a member of the New York Bar and is admitted to practice before the US Patent and Trademark Office.

Brian C. Avello is the General Counsel for the Maker Foundation, a software company developing cryptocurrency-related technologies. At Maker, he leads not only the Foundation’s Legal function, but also regularly interacts with government actors in the U.S. and beyond on issues pertinent to the cryptocurrency and financial technology sectors. Brian began his legal career in US federal courts litigation, but transitioned his practice to early stage company counseling. In early 2016, he began to work with blockchain projects and investors, guiding teams through startup investment, corporate and cooperative governance and structuring, and money transmission issues. Brian has a JD from the University of Michigan Law School and a BA from the University of Miami. He is fluent in Spanish and Portuguese.

The Maker Foundation is the organization facilitating the development of MakerDAO. MakerDAO governs the Maker Protocol and Dai, the world’s first decentralized, collateral-backed stablecoin on the Ethereum blockchain. Dai mitigates volatility through an autonomous system of smart contracts called the Maker Protocol, and through decentralized community governance.

Carolyn Edgar is Managing Counsel – Technology, Intellectual Property and Social Media at The Bank of New York Mellon Corporation. Carolyn works on technology and procurement transactions, including software licenses, application services, SaaS, Cloud, consulting services agreements, software development agreements, information services and business process outsourcing agreements. Prior to joining BNY Mellon, Carolyn was Vice President and Legal Counsel for The Estée Lauder Companies. Carolyn is a graduate of Harvard Law School.

Greg Cram is the Associate Director of Copyright and Information Policy at The New York Public Library. Greg endeavors to make the Library’s collections broadly available to researchers and the public so that users can create new information, new aesthetics, new insights and understandings. He is responsible for developing and implementing policies and practices around the use of the Library’s collections, both online and in the Library’s physical spaces. Greg has helped steer projects through a maze of complex intellectual property issues, including the release of more than 225,000 high-resolution images of public domain collection items.

In addition to his efforts to increase the use of the Library’s collections, Greg has worked on a number of the Library’s open-source software development projects. From innovative crowdsourcing platforms to mobile applications for ebook reading, Greg has helped the Library use and produce open-source tools.

Greg has represented the Library in advocating for better copyright policy and has testified before Congress, the United States Copyright Office, and the United States Patent and Trademark Office.

Before joining the Library in 2011, Greg served as the copyright clearance consultant to Leadership Team Development, a business support company that organizes thousands of meetings, seminars and conferences. He also worked as a licensing associate at Sanctuary Records, a large independent record label. He is a graduate of Boston University and The Benjamin N. Cardozo School of Law. He is a licensed in New York and Massachusetts.

Justin is an Open Source & Standards Attorney at Microsoft.

Justin has almost a decade of experience representing clients at the intersection of free & open source software communities and for-profit enterprises. At Microsoft, he is part of a small team that oversees processes to enable open source use at massive scale. Prior to Microsoft, Justin was an active pro bono lawyer to free and open source software communities – having provided pro bono advice to the Free Software Foundation, the Apache Software Foundation, the Open Source Initiative, and the GNOME Foundation.

Justin specializes in advising how to use copyleft right. He has experience with copyleft litigation or pre-litigation for both non-profit and for-profit entities, including as litigation counsel to Erik Andersen and Software Freedom Conservancy in a dispute over use of the BusyBox toolkit in the Southern District of New York.

A published computer scientist in a past life, Justin also has significant experience with patent litigation both in private practice and as a law clerk in the District of New Jersey.

Karen M. Sandler is the executive director of Conservancy. Karen is known as a cyborg lawyer for her advocacy for free software, particularly in relation to the software on medical devices. Prior to joining Conservancy, she was executive director of the GNOME Foundation.

Before that, she was general counsel of the Software Freedom Law Center.

Karen co-organizes Outreachy, the award-winning outreach program to support women globally and for people of color who are underrepresented in US tech. She is also pro bono counsel to the FSF and GNOME. Karen is a recipient of the Free Software Foundation's Award for the Advancement of Free Software and the O’Reilly Open Source Award.

Karen received her law degree from Columbia Law School in 2000, where she was a James Kent Scholar and co-founder of the Columbia Science and Technology Law Review. Karen received her bachelor’s degree in engineering from The Cooper Union.

Natalie Margulies is Deputy Chief Counsel at Disney Streaming Services in New York. She is a senior business & legal affairs professional, with extensive expertise in the digital media, Internet, and mobile spaces.  She has demonstrated success in structuring, negotiating, and documenting business and legal terms in complex business transactions involving the development, licensing, acquisition, sale, distribution and production of content, other intellectual property and information technology.

Rebecca Roiphe is Professor of Law and Dean for Faculty Development at New York Law School where she teaches Professional Responsibility, Criminal Procedure, Ethics in Criminal Practice, and American Legal History.  She runs the Institute for Professional Ethics and is a co-director of the Criminal Justice Center at NYLS.  Professor Roiphe holds a JD from Harvard Law School and a PhD from the University of Chicago in American History.  She writes on the history of the legal profession and prosecutorial ethics.  Her opinion pieces have appeared in Slate, the New York Review of Books Daily, the Hill, among other popular press on questions related to prosecutors and legal ethics.  She has also appeared as an expert on MSNBC Live with Katy Tur, the Beat with Ari Melber, CNN, and CBS News.  Before going into academia, she worked as an Assistant District Attorney in the New York County District Attorney’s Office where she prosecuted white collar crime.  She is currently serving as reporter for the New York State Bar’s Committee on the Standards of Attorney Conduct, as the liaison from the AALS to the American Bar Association Standing Committee on Ethics and Professional Responsibility, and as a subject matter expert for the MPRE.

Scott focuses on the litigation and trial of complex technology and life sciences IP disputes, as well as on related strategy and counseling. For more than 25 years, he has achieved successful outcomes for leading companies in a wide array of industries.

Scott currently serves as lead counsel in several patent cases in the life sciences.  Previously, he led the team that served as litigation and trial co-counsel defending Google in a multi-billion dollar patent and copyright case brought by Oracle targeting the industry-leading Android platform.  Scott’s team focused on the patent defenses, and Google secured a complete victory on all asserted patents, which Oracle did not appeal.  Scott was also a key member of a multi-defendant trial team and successfully obtained a jury verdict of non-infringement on behalf of one of the world's leading computer companies in a case involving computer network security--a case in which Scott’s client’s competitor and co-defendant lost on the same patents at trial.  For a leading U.S. based telecommunications carrier, as well its co-defendant carriers, he prevailed on a patent invalidity challenge, securing a complete victory for all defendants. In addition to his appearances in the district courts, Scott has experience before the U.S. International Trade Commission and in international and domestic arbitration of IP-intensive commercial disputes. He served as co-lead counsel on behalf of a European-based software company in multi-year arbitration and litigation with one of the largest U.S. database software companies in a case concerning FRAND royalties.

Scott’s work defending Google in the Oracle litigation earned his team Managing IP Law's Milestone Case of the Year.  In addition, Scott is ranked as a leading IP strategist named to the IAM Strategy 300 and is ranked as a leading practitioner by IAM 1000 and other directories.

Carolyn H. Blankenship is General Counsel, Innovation & Product for Thomson Reuters.  She joined Reuters in 2001 and before that held a variety of IP-related positions as both in-house and outside counsel, including stints at Skadden, Arps and

Carolyn’s practice focuses on fostering innovation and protecting those innovations throughout the company.  In addition, Carolyn oversees all patent litigation and supports the IP aspects of the company’s M&A activity. 

As an undergraduate, Carolyn attended the Massachusetts Institute of Technology for two years and went on to earn a B.A. in Biology from Harvard College.  She has a J.D. from Arizona State University College of Law and clerked for the Hon. Noel Fidel of the Arizona State Court of Appeals.

Kevin Jordan is Vice President and Assistant General Counsel of the Intellectual Property Group in the Corporate & Regulatory Law division of JPMorgan Chase & Co.  As Assistant General Counsel, Mr. Jordan is responsible for leading the firm’s efforts to protect its intellectual assets through a combined mechanism of enforcement, advisement and defense.  Mr. Jordan regularly counsels clients on a wide array of matters including intellectual property litigation, domain management, use of third party IP, regulatory issues involving IP, trade secrets, M&A due diligence and varied transactional needs.  

Prior to joining JPMorgan Chase, Mr. Jordan practiced as an associate at the law firm of Kenyon & Kenyon LLP in New York, where he advised clients on patent litigation, opinion work and e-discovery matters.  

Prior to practicing law, Mr. Jordan worked as a data scientist in the consumer packaged goods industry using advanced database techniques to target consumers for domestic and international marketing campaigns.  

Mr. Jordan is a graduate of the University of Michigan’s College of Engineering with a B.S.E in Industrial & Operations Engineering, and earned his J.D. at the American University – Washington College of Law in the nation’s capital. 

Mr. Levi has a broad and diverse practice that includes outsourcing transactions, technology and intellectual property licensing, privacy and cybersecurity advice, fintech and blockchain matters, branding and distribution agreements, cloud computing agreements, technology transfers, strategic alliances and joint ventures. His background in computer science, data privacy and the information technology industry allows Mr. Levi to understand the technology and business drivers underlying agreements and transactions in these areas.

Prior to joining Skadden, Mr. Levi was director of intellectual property for Reuters America Inc. and a vice president of Reuters NewMedia Inc. In these roles, he was responsible for all of Reuters’ technology and intellectual property matters. He also negotiated Reuters’ early stage investments in Yahoo!, Infoseek and Sportsline.

Mr. Levi has written and spoken on numerous outsourcing, privacy, technology and intellectual property issues, and each year he co-chairs the Practising Law Institute’s Open Source Institute. He was selected as a member of Law360’s 2012 Privacy/Consumer Protection Editorial Advisory Board. Mr. Levi has been named by Chambers USA as one of “America’s Leading Lawyers for Business” since 2004 and by Chambers Global as one of the “World’s Leading Lawyers for Business” in technology transactions each year since 2002. In 1999, he was selected by Crain’s New York Business for its list of “Forty Under Forty — New York’s Rising Stars,” where he was cited for his work in Internet law. In addition, Mr. Levi repeatedly has been selected for inclusion in The Best Lawyers in America for information technology law.