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Cloud Computing 2019: Key Issues and Practical Guidance

 
Author(s): Peter Brown, Marc S. Crandall, Janine Anthony Bowen, Tanya L. Forsheit
Practice Area: Intellectual Property
Published: Apr 2019
ISBN: 9781402433986
PLI Item #: 251363
CHB Spine #: G1412

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


Peter Brown has focused on technology law matters in national law firms and boutiques for over 25 years. He is currently the principal of Peter Brown & Associates PLLC, a New York boutique law firm concentrating in information technology, intellectual property and arbitration.

“The Best Lawyers in America” ® publication honored him as the “Lawyer of the Year” in Information Technology Law 2018 for New York City.

Mr. Brown has experience in a wide variety of litigations and arbitrations relating to the Internet, information technology and intellectual property. He regularly appears in both federal and state courts throughout the United States. In addition, Mr. Brown has acted as an arbitrator or mediator in over 70 matters involving IT and IP disputes.

Throughout his career he has drafted and negotiated a broad array of agreements relating to the Internet, outsourcing, cloud computing services, application software, Internet apps and e-commerce.  He has prepared these agreements for domestic businesses and international companies.

Mr. Brown co-authored the leading treatises Emerging Technologies and the Law and Computer Law. He also co-authors a monthly column on Information Technology Law for the New York Law Journal.

Mr. Brown is regularly featured as a speaker at the International Technology Law Association, local bar associations and other professional organizations in the US and abroad. He frequently speaks on the topic of artificial intelligence, IT and IP.

The Best Lawyers in America 2019 edition (affiliated with U.S. News & World Report), rated Peter Brown & Associates PLLC a First Tier National Technology Law firm. Chambers USA, New York Metro Superlawyers and other ratings organization have all given Mr. Brown high ratings in the fields of IT and IP. For further information see www.browntechlegal.com


Marc S. Crandall serves as head of global compliance, enterprise, at Google, where he addresses security and privacy compliance matters regarding Google’s cloud-based services. Marc has also served as product counsel for Google, where he addressed legal issues concerning the development and deployment of Google technology. He works to achieve compliance with US and international laws and regulations dealing with privacy, law enforcement, system security, intellectual property, content regulation, telecommunications, consumer protection, advertising, and child online protection. He also served a member of the advisory counsel of the non-profit organization American Registry for Internet Numbers, addressing policy matters associated with the dissemination of all Internet protocol addresses for North America.

Prior to joining Google in 2006, Marc served as assistant general counsel with the science and technology law unit of the United States Federal Bureau of Investigation (FBI). As principal legal adviser to the cyber division at FBI headquarters in Washington, DC, he provided legal counsel and policy advice concerning issues involving Internet forensics, computer intrusions, crimes against children, counterterrorism and counterintelligence operations, intellectual property enforcement, privacy and white collar crime. He also served as a lecturer at the FBI Academy. In 2004, he was appointed by the White House National Security Council office to serve as liaison to private industry for matters relating to Internet forensics and infrastructure security. He also regularly served as a member of the United States delegation to the Internet Corporation for Assigned Names and Numbers (ICANN) governmental advisory committee and on the United Nations working group on Internet governance and world summit on the information society.

Before joining the FBI, Marc served as corporations counsel and lead counsel of Internet compliance and enforcement with the California Department of Corporations, California's investment and finance authority. There, he developed policy and executed legal duties in the field of Internet forensics, undercover operations, evidence collection, litigation, and the application of evidentiary, privacy and transactional laws to the Internet. He also created and led the State's first team dedicated to combating Internet-based investment fraud. During this time, Marc was appointed as a special assistant U.S. attorney with the United States Department of Justice, investigating and prosecuting violations of federal law.

Marc earned a bachelor of arts degree from the University of California, Los Angeles and a juris doctor from Pepperdine University School of Law. He also holds a certification with the International Association of Privacy Professionals.


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.