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Resolving B2B Data Security Disputes: Addressing Data Breaches and Privacy Torts in Court and through Arbitration


Speaker(s): Joseph V. DeMarco, Kennen D. Hagen, Urvashi Sen
Recorded on: Jun. 7, 2018
PLI Program #: 248688

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.


Urvashi Sen is a CIPP/US certified attorney with over 13 years of experience in the legal industry, currently specializing in Data Privacy Law and Compliance.  As a Data Privacy attorney, Urvashi has counseled clients on all aspects of business privacy matters, including providing them with compliance and risk advice on legislative and regulatory requirements and developments, developing policies and procedures for implementation, conducting investigations and engaging in notification and remediation efforts for data breaches, and drafting and negotiating contractual agreements.  She is currently the acting Chief Privacy Officer and Privacy Officer for the Americas for HCL Technologies Ltd., a large global IT services company with over 120,000 employees, operating in over 35 countries.  As the CPO, Urvashi is responsible for the creation and implementation of HCL’s global privacy program across the EU, APAC and Americas regions.  Prior to joining HCL, Urvashi was Counsel at the law offices of DeVore & DeMarco, and a litigation associate at Dewey & LeBoeuf LLP.  Urvashi has a J.D. from Columbia University School of Law and a B.A. in English from Yale University.

 


Ken is the President and CEO of FedArb, a nationwide ADR firm based in Silicon Valley and started a decade ago by Hon. Abe Sofaer after he left the State Department.  FedArb has recruited the most prestigious nationwide group of distinguished neutrals, including the largest roster of retired federal court judges in the country.  FedArb’s philosophy is that distinguished neutrals who are the leaders in their fields through judicial experience or subject matter expertise are the ones who are best able to help litigants resolve complex, high stakes litigation matters.

Prior to FedArb, Mr. Hagen was the Managing Partner of Lakeside Capital, which invests in public and private companies where the resolution of some legal uncertainty is likely to be a catalyst for changes in valuation.

From 2011 to 2012, Mr. Hagen ran the San Francisco office of Bessemer Trust (a private wealth management firm that manages over $70b on behalf of ultra-high net worth clients) as its Managing Director and Senior Resident Officer. He was responsible for business development and client account management throughout Northern California and the Pacific Northwest.   

Prior to Bessemer Trust, Mr. Hagen was as a senior executive at a public telecommunications company (Phone.com/Openwave) and oversaw its worldwide M&A consolidation strategy. From 1996 to 1999, he was an investment banker at Montgomery Securities and then at Robertson Stephens.

Mr. Hagen began his career at the San Francisco law firm of Pillsbury Winthrop (formerly Pillsbury Madison & Sutro) from 1983 to 1996, where he was a partner and co-headed the firm’s securities litigation practice.

Mr. Hagen holds a B.A. in Economics (President’s Fellow) from U.C. Berkeley (1980) and a J.D. from the Harvard Law School (1983).  He is admitted to practice law in California and before the U.S. Supreme Court.

After a close friend passed away from ALS, Mr. Hagen helped create and fund the Packard Center for ALS Research at Johns Hopkins University. He is currently a co-founder and is on the Executive Committee of the Board of the William H. Adams Foundation for ALS Research.