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Cloud Computing 2018: Key Issues and Practical Guidance


Speaker(s): Janine Anthony Bowen, Jeffrey D. Batt, John P. Hutchins, Kenesa Ahmad, Mark Webber, Matthew C. Kelly, Merri A. Baldwin, Miranda J. Fields Stephani, Paul G. Karlsgodt, Tanya L. Forsheit
Recorded on: May. 21, 2018
PLI Program #: 221764

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


Janine Anthony Bowen's technology-focused practice is on the front lines of innovation. An industrial engineer and forward-thinking counsel, she has earned a solid reputation for her aptitude with technology and intellectual property agreements, privacy and data protection, cloud computing, mobile commerce, and licensing and acquisition -- areas that benefit from her impressive background, including serving as a program manager at IBM and a senior consultant at Accenture. Her comfort with complex issues makes Janine a trusted advisor for clients negotiating technology-related deals with Fortune 500 companies, as well as those in need of intelligent analysis, cost control, strategic growth advice and thought leadership.

Janine's clients aren't the only ones who've taken notice of her strengths: In 2017, she became the first woman to receive the highest honor bestowed by Clemson University's College of Engineering, Computing and Applied Sciences, when she was inducted into the Thomas Green Clemson Academy of Engineers and Scientists.

Select Experience

  • Serving as lead counsel for a $100M ERP software and cloud services acquisition.
  • Serving as lead counsel for a $125M education technology and services business.
  • Serving as lead technology counsel on a $75 million ERP application management outsourcing.

Recognitions

  • The Best Lawyers in America© (2018)
    • Atlanta: Technology Law
  • Thomas Green Clemson Academy of Engineers and Scientists: Inductee (2017)
  • Clemson Alumni Association Distinguished Service Award (2016)
  • Leadership Atlanta: Class of 2011
  • Leadership Georgia: Class of 2009
  • Georgia Trend Magazine, "Legal Elite" (2008)
  • CloudU Certificate


Jeffrey Batt is a Vice President in Marsh’s Cyber Practice, based in Washington, DC. In this capacity, he develops cyber risk management and transfer solutions for large domestic and global corporations. Jeffrey is a frequent speaker at domestic and international cyber insurance conferences, and his work at Marsh also focuses on product development and analytics. 

Prior to joining Marsh in March of 2016, Jeffrey served as an Associate Deputy General Counsel at DoD for nearly six years. In this capacity, he advised DoD on sensitive legal and policy issues pertaining to national security, compliance, and information management.

Jeffrey also currently serves as an Academic Director and Adjunct Professor at the ISDE law school in Madrid and Barcelona, Spain, where he teaches on cybersecurity.

Education

  • BA, Hamilton College
  • JD, Georgetown University Law Center
  • Certification in Cyber Leadership, National Defense University (DoD)


John P. Hutchins is a seasoned technology lawyer who represents businesses in commercial and IP litigation, technology transactions, intellectual property and privacy and data security. He regularly works with clients on issues related to cloud computing, outsourcing, hosted services, technology licensing, systems and services procurement and project implementation.  He is recognized by Best Lawyers in America as a leading lawyer in the area of Information Technology, and he has been quoted regarding tech issues by news outlets such as National Public Radio, ForbesComputerWorld, the Atlanta Journal-Constitution and Law360.

Law School/Graduate School

 University of South Carolina


Kenesa Ahmad is co-founder and Partner at Aleada Consulting, where she advises companies on privacy, data protection, and information security issues. Kenesa assists with developing and implementing global privacy and data protection programs, assessing multijurisdictional legal and regulatory obligations, and integrating privacy protections into emerging technology.

Prior to joining Aleada, Kenesa worked as a consultant at Promontory Financial Group’s global privacy and data protection practice. There, she served as an Independent Assessor for global technology companies subject to privacy related regulatory enforcement actions, including FTC consent decrees. Kenesa also worked as Privacy Lead for a global cloud enterprise productivity application while at Promontory. She has experience reviewing products to assess legal and regulatory compliance across multiple jurisdictions, and advising companies on user experience, product and feature development, and product flow using privacy-by-design methodologies.

Kenesa previously served as a Legal and Policy Fellow at the Future of Privacy Forum (FPF) in Washington, D.C. where she worked with regulators, policymakers, and companies to further FPF’s mission of advancing responsible privacy and data practices. Kenesa is also co-founder and former Chair of Women in Security and Privacy (WISP), a non-profit organization that aims to advance women in the privacy and security fields. She also serves as a Security & Privacy Committee Member for the Grace Hopper Celebration of Women in Computing.

Kenesa received her law degree from the Moritz College of Law of the Ohio State University, where she served as an Articles Editor of the Ohio State Law Journal, and received her LL.M. from Northwestern University Law School. Kenesa is co-author of the IAPP Privacy Foundations certification book and is admitted to the Virginia Bar. She is a Certified Information Privacy Professional (CIPP/US).


Mark Webber is a US Managing Partner & Registered Foreign Legal Consultant with the European law firm Fieldfisher and is based full time in Silicon Valley. 

As a European lawyer, his practice focuses on international technology and internet law.  He is a leading contract and regulatory specialist advising on EU based technology transactions, particularly those with a disruptive component.  He advises where cloud, digital and online technologies converge and leverage IP and/or data. 

With EU/US personal data exchanges so fundamental to US technology offerings, a large proportion of his time is spent assisting with large global data transfer projects, GDPR "readiness", internal information governance and accountability structures, and data protection risk management in the context of EU inward investment. 

Mark holds the CIPP(E) and is a member of the IAPP West Coast CIPP(E) training faculty. 

See Twitter @digitechlaw and www.linkedin/in/markwebber


Matthew Kelly is Vice President, Senior Corporate Counsel at ServiceNow.  During his tenure at ServiceNow, Matthew has been responsible for leading the commercial contracts team, supporting the Board of Directors, managing the company’s global equity program, 1934 Exchange Act reporting, and managing litigation and employment-related disputes.  Matthew currently serves as the company’s compliance officer and is principally responsible for leading a team in support of ServiceNow’s global compliance and risk management program, including the company’s global privacy compliance efforts. 

Prior to ServiceNow, Matthew was a sole practitioner advising clients on business formation and commercial transactions.  He started his career with Brown Eassa and McLeod LLP where his practice focused on defense litigation.

Matthew graduated cum laude from the University of Southern California and received his law degree from Santa Clara University.

Matthew is admitted to the State Bar of California and is a Certified Information Privacy Professional US/Europe.


Tanya L. Forsheit is Chair of the Privacy & Data Security Group of Frankfurt Kurnit Klein & Selz, and a partner in the Technology & Digital Media, Litigation, and Advertising, Marketing & Public Relations groups, based in Los Angeles. She has advised on high-profile matters involving confidential data and other sensitive information for over 20 years. She represents multinational and emerging companies in the media, entertainment, consumer products, technology, advertising, health and wellness, and professional services industries, and serves as go-to outside privacy counsel for numerous organizations. She advises on the protection, processing and monetization of data, including matters related to interest-based advertising, privacy policies, mobile apps, cloud computing, smart devices, and data analytics. She has advised on hundreds of information technology deals and transactions on behalf of both service providers and enterprise purchasers, including multilayered AdTech and cloud computing agreements. She is routinely called upon to help clients respond to time-sensitive security events and has advised on hundreds of such incidents. She has assisted dozens of organizations with successful application for EU-US Privacy Shield certification, and is working with numerous multinational clients to prepare for unprecedented changes to privacy practices and programs required by the EU General Data Protection Regulation. In January 2018, she was named by the Daily Journal as one of the top 20 Cyber attorneys in California, and was one of three finalists for the Los Angeles Business Journal’s Cybersecurity Lawyer of the Year recognition in 2017. She is currently an Adjunct Professor at Loyola Law School, where she is teaching EU Cybersecurity & Data Privacy Law in the Spring of 2018.

Her representative matters include:

  • Advised on hundreds of information technology deals and transactions on behalf of both service providers and enterprise purchasers, including due diligence for, and negotiation and drafting of terms for, cloud computing agreements involving the sharing of sensitive information and other IT outsourcing transactions;
  • Counseled hundreds of clients on implementation of programs, policies and procedures for purposes of complying with applicable laws and best practices, including but not limited to international laws such as the forthcoming European General Data Protection Regulation (GDPR); federal laws like the Telephone Consumer Protection Act, the CAN-SPAM Act, the Children’s Online Privacy Protection Act (COPPA), and the Gramm-Leach-Bliley Act (GLBA); and state laws including California’s Online Privacy Protection Act (CalOPPA) and Shine the Light law and Massachusetts’ data security regulations;
  • Represented clients across industry sectors in connection with more than 100 data security breaches involving consumer data, employee information and other sensitive information;
  • Drafted and updated several hundred privacy policies for websites, mobile apps and smart devices, including wearable technology;
  • Assisted dozens of organizations on application for EU-US Privacy Shield certification;
  • Represented nearly a dozen clients in litigating and/or resolving disputes under the Telephone Consumer Protection Act, including successfully defeating class certification in December 2015 on behalf of a healthcare technology company in a privacy class action in which plaintiffs sought recovery of more than $40 million for alleged unlawful transmission of faxes relating to HIPAA compliance.

Chambers USA, IT Law Experts, Who’s Who Legal, and Super Lawyers have all praised Ms. Forsheit for her privacy, data security and technology work, and the Los Angeles Daily Journal has twice included her in its list of “Top Women Lawyers.” Ms. Forsheit lectures widely on technology law topics and has been quoted on privacy and data security in publications such as the Los Angeles Times, Forbes, ComputerWorld, Venture Beat, and Law360.

The International Association of Privacy Professionals (IAPP) has certified Ms. Forsheit as both an Information Privacy Professional (CIPP/US) and Privacy Technologist (CIPT). Ms. Forsheit is a past President of the Women Lawyers Association of Los Angeles; and is a member of the American Bar Association: Science and Technology Law Section; the Los Angeles County Bar Association: Entertainment Law and Intellectual Property Section (ELIPS), Executive Committee; and the California Bar: Business Law Section, Cyberspace Committee.

Ms. Forsheit graduated from Duke University (AB, cum laude, 1994) and the University of Pennsylvania Law School (JD, 1997). Prior to joining Frankfurt Kurnit, she was a partner with BakerHostetler, and a founding partner of InfoLawGroup LLP, one of the nation’s leading privacy and data security boutiques.


Miranda Fields Stephani is the lead commercial attorney for Levi Strauss & Co. in the Americas, where she helps the company navigate a full range of legal and business challenges.  Her practice includes complex commercial, financial, technology and real estate deals, driving operational and procedural improvements, managing compliance matters and legal disputes.  Notably, Miranda leads LS&Co. legal’s global transactions practice group and she also led a team in building and implementing a comprehensive  global contract management process and contract lifecycle management tool, for which she received the “Legal Hero” award for 2016. 

In 2017 she received the LS&Co. MVP award, which is given to a handful of LS&Co. employees, for exemplifying the company objective “Be Part of the Solution”. Prior to joining LS&Co., Miranda was in-house at L Brands, Inc., where her practice included corporate, finance, commercial and international matters, including laying the legal groundwork for the global expansion of the Victoria’s Secret and Bath & Body Works brands into 300+ international locations, spearheading licensing, supply agreements and structuring strategy. 

Miranda began her practice at the law firm of Hahn, Loeser & Parks in Columbus, Ohio after graduating from The Ohio State University Moritz College of Law with honors, where she was a founder and first Editor-in-Chief of The Ohio State Entrepreneurial Business Law Journal. Miranda received her BA, cum laude, from Wellesley College and worked in mutual funds prior to pursuing a career in law. 

She lives in San Francisco, CA with her husband, toddler, cat and dog and loves to travel.  Miranda focuses her volunteer and non-profit board participation on essential services, education and the welfare of women and children.


Paul Karlsgodt is the national leader of BakerHostetler’s national Class Action Defense practice team, with particular focus on data privacy and consumer class actions. He has represented companies in the insurance, healthcare, retail, energy and telecommunications industries in numerous nationwide and statewide consumer class action lawsuits and related litigation.

Paul is editor and primary contributor to the legal blog, ClassActionBlawg.com, which covers a variety of class action-related issues, including decisions, trends, best practices, news and reform, both in the U.S. and throughout the world. He is an active member of the Class Actions and Derivative Suits (CADS) Committee of the ABA Section of Litigation, chairing the Regional Meetings subcommittee.  Paul has defended clients in class action lawsuits arising out of some of the largest ever data security incidents as well as other class actions involving alleged violations of privacy rights.

Education

J.D., University of Denver Sturm College of Law, 1997

B.S., Purdue University, 1993

Classes/Seminars

  • Chair of the annual ABA Western Regional Program on Class Actions and Mass Torts
  • Presenter at webinar on “TCPA Class Actions: Pursuing or Defending Claims over Phone, Text and Fax Solicitations” (April 2017)
  • Speaker at seminar on “Cloud Computing 101: Key Issues and Practical Guidance” (May 2017)
  • Speaker at Federal Bar Association Annual Convention (September 2017)

Honors and Awards

  • Trailblazer in CyberSecurity and Data Privacy by the National Law Journal in 2015
  • Law360 MVP in the area of privacy law for 2014 and 2015
  • Chambers USA: Litigation: General Commercial in Colorado (2016, 2017)
  • Colorado “Super Lawyer” (2011 to 2017)