Skip to main content

Social Media 2018: Addressing Corporate Risks (NY)


Speaker(s): Aaron P. Rubin, Aba Rogers, Claudine Wilson, Doug Hudson, Eric Unis, John F. Delaney, Kathryn L. Farrara, Kathy L. Ossian, Kelly Ann Bird, Lydia B. Parnes, Mark Bisard, Noga Rosenthal, Ryan M. Garcia, Terri J. Seligman
Recorded on: Feb. 14, 2018
PLI Program #: 221757

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.


As NCC Media’s Chief Privacy Officer and General Counsel, Noga Rosenthal is responsible for guiding the company's privacy and legal initiatives; she holds deep expertise in the development and implementation of comprehensive privacy programs. 

Noga previously served as Chief Privacy Officer at Epsilon where she led the company’s worldwide privacy, compliance and regulatory activities. Prior to Epsilon, she served as General Counsel and Vice President for Compliance and Policy for the Network Advertising Initiative (NAI), running its compliance program and ensuring that member companies delivered on the promise of self-regulation for interest-based advertising. Furthermore, she also led global legal affairs for WPP’s Xaxis, a pioneering programmatic digital media business, as SVP and General Counsel. 

Noga is a member of the Women Leading Privacy Advisory Board of the International Association of Privacy Professional (IAPP) and the IAB Federal Privacy Working Group. She has also served on the IAPP’s Education Advisory Board and was an active member of the UK Data Protection Network, providing guidance on the General Data Protection Regulation. Noga also sat on the Advisory Board of the Digital Advertising Alliance, the Data Standards Committee of the Data and Marketing Association, the Legal Affairs Council and the Public Policy Council of the Interactive Advertising Bureau. She also served as co-chair of the Privacy Committee of the Mobile Marketing Association.

Noga received her bachelor’s degree in English and Political Science from Rutgers and a J.D. from Fordham Law School.

 


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.


Aba N. Rogers is Counsel, Global Growth Function with The Coca-Cola Company. In her role, she negotiates talent, music and gaming sponsorships, as well as various, marketing, consulting and vendor agreements. Aba also advises and counsels Coca-Cola’s Diet Coke® and Tea brands. She also advises and counsel various global and North American marketing functions on social media activations, guidelines and policies, publicity and privacy rights issues, interactive mobile and digital marketing projects. In her prior role, Aba also provided legal advice and counsel to the company’s worldwide licensing team. Prior to joining The Coca-Cola Company, she was senior division counsel in Georgia-Pacific Corporation’s Consumer Products Division for over six years, supporting the business operations and procurement functions for the Brawny® & Sparkle® Paper Towel business. 

Aba received her Bachelor of Arts from Columbia University in 1997 and her Juris Doctor from the University of Michigan Law School in 2000. She also studied abroad during her final year of law school at University College of London’s school of law. She lives in Decatur, Georgia with her husband, Brad, and two children.


CLAUDINE WILSON is Senior Counsel in Legal & Business Affairs at HBO, Inc. in New York City. In her current position, Ms. Wilson supports the advertising & marketing and technology teams by advising on advertising, intellectual property and privacy matters. Prior to joining HBO, Ms. Wilson was a marketing attorney at the leading media, entertainment, and advertising law firm, Frankfurt Kurnit Klein & Selz PC in New York City, and prior to that, a litigator at Schnader Harrison Segal & Lewis LLP in Washington D.C. Ms. Wilson was recognized as a New York area "Rising Star" in the 2015 edition of Super Lawyers magazine, and received the National Black Lawyers 2015 “Top 40 Under 40” award. Ms. Wilson is also a professor at Parsons School of Design where she teaches a course entitled Legal Principals for Creative Industries. Ms. Wilson is a graduate of Georgetown University Law Center and the University of Florida, where she received a degree in Journalism. Ms. Wilson is a regular speaker on marketing law issues, including the legal implications of advertising in social media.


Eric Unis joined NAD as a Staff Attorney in December 2017. Prior to joining NAD, Eric worked as an attorney at Troutman Sanders LLP. In over fifteen years of private practice representing clients in a wide range of industries, Eric focused on complex commercial litigation, consumer class actions, government investigations, consumer product safety issues, and advertising and marketing law. Eric has also worked on numerous pro bono matters on behalf of immigrant children. Eric has a B.A. from New York University with a double major in Politics and History and received his J.D. from Georgetown University Law Center. Eric is admitted to practice in New York.


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


Lydia Parnes is a partner in the Washington, D.C., office of Wilson Sonsini Goodrich & Rosati, where she is chair of the firm's privacy and data protection practice. She regularly represents companies in complex regulatory investigations and provides advice on complying with domestic and global privacy and data protection laws.

The former director of the Bureau of Consumer Protection (BCP) at the Federal Trade Commission (FTC), Lydia is a highly regarded privacy expert. As director of the BCP, Lydia oversaw privacy and data security enforcement efforts and the development of the FTC's approach to online advertising. She testified on numerous occasions on the benefits of a uniform nationwide data breach law and the risks of legislating in the technology area.

Lydia advises companies on how to navigate global privacy and data security requirements while pursuing their business goals. She helps them develop and implement comprehensive privacy compliance programs and understand the nuances of regulation and self-regulation in the privacy arena. Lydia regularly represents clients before the FTC and other federal and state agencies.

Lydia was named a top lawyer in the cybersecurity category by Washingtonian Magazine in 2015 and is regularly recognized in Chambers USA, Chambers Global, and The International Who's Who of Business Lawyers as among the country's top privacy and data security attorneys. In 2012, Wilson Sonsini Goodrich & Rosati was recognized by Law360 as a "top privacy and consumer protection" law firm.

Lydia speaks throughout the country on developments in data security and privacy.


Terri J. Seligman is the co-chair of the Advertising, Marketing & Public Relations Group at Frankfurt Kurnit. Ms. Seligman is a leader in the advertising law community.

Recognized as one of the “Top 50 Women” lawyers in New York by Super Lawyers magazine, Ms. Seligman also regularly receives high marks in Chambers USA America’s Leading Lawyers for Business, Best Lawyers and is a “Leading Lawyer” in The Legal 500. She was also the only law firm partner selected by New York Business Journal in 2014 for its inaugural “Women of Influence Awards,” honoring business women who stand out both for their achievements in the marketplace as well as their commitment to community and mentoring. 

Ms. Seligman is one of the country’s preeminent practitioners before the National Advertising Division (NAD), representing both advertisers and challengers in competitive advertising disputes. She also represents companies in disputes and regulatory matters before broadcast networks and state and local enforcement agencies. 

In addition, Ms. Seligman advises on the full complement of advertising and marketing law issues, including claims and substantiation, native advertising, social media, mobile marketing and laws governing intellectual property and rights of publicity and privacy. She also regularly advises on sweepstakes and contests, and laws governing gift cards, reward programs, rebates, and other popular marketing devices. In addition to her counseling practice, Ms. Seligman also drafts and negotiates contracts for advertising and marketing arrangements, including celebrity talent deals, sponsorship and co-promotion agreements, media agreements, and licensing agreements. 

Ms. Seligman is a well-known public speaker on advertising, marketing, and Internet law issues. She has been a featured speaker at BAA, NAD, ANA, MLRC and other national conferences. Her writings have appeared in Inside Counsel Magazine, Advertising Compliance Service, iMedia Connection, The Computer and Internet Lawyer, and other publications. She has served as a Vice-Chair of the Advertising Disputes and Litigation Committee of the Antitrust Section of the American Bar Association (ABA) and is currently a Co-Chair of the Advertising and Commercial Speech committee of the MLRC.

Ms. Seligman is a graduate of New York University School of Law (JD, 1985), and Wesleyan University (BA, with honors, 1982). She clerked for the late Hon. Morey L. Sear, former Chief Judge of the United States District Court for the Eastern District of Louisiana. Ms. Seligman is on the Board of Trustees of The Brearley School and is also a Fellow of the American Bar Foundation. She is a past recipient of the Cornerstone Award from Lawyers Alliance for New York, the leading provider of legal services for nonprofit organizations improving the quality of life in New York City neighborhoods. Ms. Seligman is admitted to practice in New York and California.


Kathryn is a Senior Marketing Counsel for Unilever United States, where she has handled a variety of brands in the personal care, food and beverage categories. In addition to counseling brands, Kathryn handles overarching issues related to Privacy and Social Media at Unilever.

Kathryn is also an active member of the American Bar Association Section of Antitrust, which includes the Advertising Disputes & Litigation Committee and the Consumer Protection Committee where she served as an Editor of the Section’s Report: Self-Regulation of Advertising in the United States: An Assessment of the National Advertising Division, which is expected to be published later this year.  

Kathryn has also served as an adjunct professor for New York Law School where she taught an introductory course on Advertising & Media Law as part of the NYLS Institute for Information Law & Policy job track program. Prior to joining Unilever and NYLS, Kathryn was a Senior Attorney and advertising review specialist for the National Advertising Division (NAD) of the Advertising Self Regulatory Council (ASRC) where she reviewed advertising campaigns for the Consumer Packaged Goods industry as well as the Telecommunications, Dietary Supplements and Automotive industries.


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.)