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Bridge-the-Gap: Professional Practice for Newly Admitted Attorneys 2019

Speaker(s): Barry M. Benjamin, Christopher J.P. Mitchell, Erin G.H. Sloane, Kelly A. Harris, Kenneth A. Adler, Stephen Ramey
Recorded on: Aug. 2, 2019
PLI Program #: 252412

Primary Areas of Practice: Advertising, Technology, and Privacy

Law School/Graduate SchoolFordham Law School

BARRY M. BENJAMIN is a partner in Kilpatrick Townsend’s New York office. He focuses on advertising, technology, and privacy law, in areas where traditional and digital media converge, and where new distribution platforms and data gathering tools push the boundaries of technology, privacy, and content. Mr. Benjamin regularly negotiates technology contracts for clients in various industries, including traditional and data licensing, software development, cloud computing, hosting agreements, and website development agreements, as well as advertising industry contracts such as agency-client deals, co-promotion, talent, endorsement and sponsorship agreements. He also advises clients in the areas of global privacy policies, social media engagement, and the use of data. Mr. Benjamin is a frequent speaker and author on advertising, privacy, and emerging media issues, and has written articles in many different publications.

A cyber security expert and project leader with more than a decade of experience in high profile digital forensics matters, Stephen Ramey is a director in The Crypsis Group’s New York City office. Stephen has advised clients during network intrusion investigations involving ransomware attacks, data breaches, and abuse of privileges. His experience also includes advising clients during anti-trust matters involving HSR second requests, contract breaches, Children’s Online Privacy and Protection Act (“COPPA”) violations, and intellectual property theft disputes. As a trusted advisor, Stephen helps his clients through a wide range of security and privacy challenges affecting their business.

Working closely with clients, counsel, and audit committees, Stephen led the digital forensics for one of the largest litigations in United States history, assessed Computer Security Incident Response Plans (“CSIRP”) for companies listed in the S&P 500, and investigated complex network breaches for global conglomerates spanning multiple countries. Stephen has provided services to many clients across multiple industries including, but not limited to, oil and gas, telecommunications, finance, and pharmaceutical.

Prior to joining The Crypsis Group, Stephen held positions within the multinational professional services firms Ernst & Young, PwC LLP, and Deloitte FAS LLP. In addition to drawing from experience within the Big Four, Stephen also held a position at and built the digital forensic practice for, Vista Analytics LLC, a start-up providing artificial intelligence services. His previous titles include Partner of Digital Forensics, Director Digital Forensics and Incident Response, and Global Incident Coordinator Lead for Digital Forensics.

Stephen holds a Master of Business Administration (“MBA”) from Fordham University, a bachelor’s degree in Computer Information Systems from Bentley University and a GIAC Information Security Professional (“GISP”) certification. He has previously held GCFA and EnCE certifications.

Erin Sloane's practice focuses on government and internal investigations and white collar criminal matters, with a concentration on Foreign Corrupt Practices Act (FCPA) and international anti-corruption issues. She has successfully represented both institutions and individuals in government investigations and prosecutions involving financial and accounting fraud, insider trading, wire fraud, and FCPA issues.

Ms. Sloane has conducted numerous cross-border corruption investigations in Asia, Eastern Europe, the Middle East and South America, and regularly appears before the US Department of Justice (DOJ) and Securities and Exchange Commission (SEC) in corruption-related investigations. In addition to her work on several publicly disclosed government resolutions, she has successfully achieved multiple non-public DOJ and SEC declinations for clients in FCPA matters. Ms. Sloane also regularly counsels clients on challenging anti-corruption issues in numerous business contexts, including the development and implementation of effective anti-corruption compliance programs and corruption-related considerations in cross-border mergers, joint ventures and acquisitions.

Ms. Sloane has played key roles in numerous investigations by the DOJ and SEC, as well as many corporate internal investigations, and has led global FCPA due diligence reviews in several multi-billion-dollar M&A transactions. She has also been involved in securing a number of nonpublic prosecution declinations by the DOJ and SEC in connection with possible FCPA violations by various multinational clients. A select list of her recent experience includes:

representing a major foreign technology conglomerate in ongoing SEC and DOJ investigations into allegations of FCPA violations at a US-based avionics subsidiary;

representing a major media and communications company in connection with the successful resolution of the US Attorney for the Eastern District of New York's investigation into its Argentine joint venture's role in the FIFA corruption scandal;

representing a multinational industrial company in an investigation of self-disclosed alleged FCPA violations related to its China-based marine business, resulting in a successful settlement from the SEC and a declination from the DOJ;

securing a favorable SEC settlement and DOJ declination on behalf a US-based oilfield services company in connection with a global FCPA investigation involving allegations of improper payments to a Mexican foreign official;

representing a major multinational industrial conglomerate in a DOJ and SEC investigation into government sales in the Middle East, resulting in non-public declinations from both agencies;

leading a global due diligence review of more than 150 third-party advisors in more than 30 countries in connection with a criminal investigation of a large defense contractor and manufacturer by the DOJ and UK Serious Fraud Office;

representing a major US multinational industrial conglomerate in pre- and post-close due diligence investigations of an acquisition target, ultimately resulting in non-public declinations from both the DOJ and SEC;

and representing a global manufacturer in resolutions with the DOJ, SEC, Department of Treasury and Department of Commerce of charges relating to improper kickbacks under the United Nations Oil-for-Food Program, violations of the FCPA and violations of US export laws.

Ms. Sloane’s investigations practice and expertise in the FCPA space has been recognized by Chambers USA (2017-2019 editions), Chambers Global (2018 and 2019 editions) and The Legal 500 United States (2016-2018 editions).



Ken A. Adler

Chair, Technology and Outsourcing

With more than 30 years of experience handling complex sourcing and technology transactions, Ken Adler understands the complexities of today’s evolving technology landscape. He serves as a trusted business advisor and legal strategist to clients across all industry sectors, particularly retail and consumer products, financial services, health care and insurance.

Ken represents clients in all facets of complex global and domestic sourcing and technology transactions, including with respect to information technology, emerging technologies and telecommunications, as well as joint ventures, strategic investments and other corporate transactions. Known for his business-centric approach, Ken is often called upon by clients in the early stages of a project to help structure transactions in a way that achieves the clients’ goals while addressing and mitigating any related risks.

He regularly handles complex transactions involving emerging technologies such as cloud computing and automation, as well as transactions relating to outsourcings of core IT and business functions. He has significant experience addressing the creation of, and strategies relating to, multi-sourced environments, as well as renegotiation and termination of existing outsourcing and IT-related agreements.

Ken has earned a reputation for bringing together the right legal partners from across the firm’s various disciplines – including mergers and acquisitions, privacy, tax and payment technologies, among others – to complete large, complex transactions at the intersection of technology, sourcing and innovation.

Christopher Mitchell has been practicing law for over 12 years, which includes running his own business venture and technology law firm located in Manhattan for the past 3 years. His practice focuses on representing entrepreneurs, small businesses, early stage companies, investors and investment groups operating within the sports, entertainment, digital media and emerging technology industries. Christopher ‘s firm advises investors on the creation of investment groups, funds formations, joint ventures and other strategic alliances. He also represents their interests in angel investing, private equity, and venture capital financings. Additionally, Christopher’s firm counsels entrepreneurs, businesses and companies on entity formation, capital raises, and a range of general corporate and business matters with an emphasis on Internet and technology laws and regulations.

Christopher’s firm has built a growing practice within the Blockchain technology space. The firm advises clients on token sales and initial coin offerings, Blockchain based platform and software development along with guidance on regulatory and compliance matters. Personally, Christopher has given many lectures and educational workshops in this field for industry professionals. He also sits on advisory boards and provides strategic business consulting for Blockchain based companies.

Christopher is licensed to practice in Florida and New York. He received his B.A. from George Mason University and J.D. from Pace Law School.

Kelly Harris is Vice President, Corporate Counsel, Privacy & Cybersecurity at Prudential Insurance Company of America, based in Newark, NJ.   In her role, Kelly provides specialized legal advice and counsel regarding information security and privacy laws/regulations, data usage and governance, and legal issues related to information protection, cybersecurity, and emerging technologies to all of Prudential’s complex and federated businesses and groups.  Before joining Prudential 2.5 years ago, Kelly spent 7 years helping to build the Privacy and Information Security programs at Wyndham Worldwide.  She started her legal career as an associate with Kirkpatrick & Lockhart (now K&L Gates) and then Gibbons, PC before going in-house to Japanese pharmaceutical companies Daiichi Sankyo and Otsuka.