Skip to main content

Social Media 2019: Addressing Corporate Risks (San Francisco)


Speaker(s): Aaron P. Rubin, James Mariani, Jane G. Pollack, Jennifer Daehler Jones, John F. Delaney, Julia D. Kripke, Kathy L. Ossian, Scott L. Malouf, Tsan Abrahamson
Recorded on: Feb. 1, 2019
PLI Program #: 253758

Mr. Mariani handles regulatory, operational, and transactional matters related to data privacy, security, and incident response as part of the Privacy and Data Security Group at Frankfurt Kurnit Klein & Selz. He advises on a wide variety of technology-based and digital media issues at the crossroads of business, law, and technology. For instance, Mr. Mariani is currently counseling clients regarding compliance with the General Data Protection Regulation (GDPR) and the forthcoming California Consumer Privacy Act (CCPA), coordinating correspondence among client business, design, IT, management, and legal teams. This work can range from managing the practical effect of gaining user consents on UI/UX to assessing risk in strategy when creating processes for handling data subject access requests (DSARs). 

In his data security incident response practice, Mr. Mariani draws on his investigative background as a former cybercrimes prosecutor to help clients navigate forensic investigation and regulatory requirements including notification requirements. Mr. Mariani also assists clients on the preventative side of data breach by drafting information security policies and incident response plans. 

Mr. Mariani earned a Master of Laws at Cornell Tech focused on the intersection of product development and law in technology transactions such as IP licensing and data ownership, high growth corporate transactions related to VC funding, and product development including privacy by design, security by design, product management, and UI/UX design. He deploys this expertise in advising on data transfer, data and IP licensing, consent flows, consumer interaction and protection, regulatory enforcement, and pre-litigation investigation and dispute strategy. 

Prior to joining Frankfurt Kurnit, Mr. Mariani worked as an Assistant District Attorney at the Kings County District Attorney’s Office, where he prosecuted cybercrime and complex fraud — leading multiple long-term investigations to indictment and arrest. His practice included investigation and litigation focused on computer intrusion, identity theft, finance, healthcare, labor, and real estate. He has tried bench and jury trials in criminal, supreme, and federal court.

Mr. Mariani is certified as an Information Privacy Professional in U.S. specific laws (CIPP/US) as well as that of the European Union (CIPP/E), and is admitted to practice in New York. He has an LLM issued by Cornell Law School, a professional graduate certificate in cybersecurity from Harvard University, a JD from the University of Illinois College of Law, and both a Bachelors in Science as well as in Arts from the CUNY Macaulay Honors College


Jane is the Chief Marketing & Advertising Counsel at Uber. In this role, she leads the legal team that supports Uber’s various advertising and marketing activities -- from brand campaigns, sponsorships and promotions to rider/driver communications and social media.  Prior to joining Uber, Jane served as Citigroup’s Chief Advertising Counsel, where she led the legal team that counseled Citi’s global consumer marketing and corporate sponsorship groups, as well as the US cards, mortgage, retail bank and personal wealth management marketing teams.  In prior roles at Citi, she provided legal support for the company’s rewards and cards advertising teams.

Jane started her career focusing on advertising legal issues as an associate in the competition and intellectual property/media law practice groups at Weil, Gotshal & Manges LLP. She previously served as the general counsel at FAIR Health, Inc., a not-for-profit organization, and as an associate in the advertising, marketing and media law practice group at Manatt, Phelps & Phillips, LLP. Jane was a James Kent Scholar at Columbia Law School and graduated with honors from Wesleyan University.


Jennifer Daehler Jones is Director and Senior Intellectual Property Counsel at Autodesk, Inc., where she heads Autodesk’s patent, copyright, trademark and trade secret programs and leads Autodesk’s intellectual property practice.  Jennifer’s work at Autodesk includes advising her colleagues on display and usage of user content generated from Autodesk’s CAD and content creation products, copyright and trademark enforcement and intellectual property licensing matters generally. 

Prior to joining Autodesk, Jennifer was in-house at Silicon Graphics and practiced with the law firms of Gray, Cary, Ware & Freidenrich LLP and Coudert Brothers LLP. 


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.


Scott L. Malouf is a social media attorney. He helps organizations easily understand social media’s complexities and use social media to best effect.

He works with each client to determine the client's unique online goals, culture and risks. He devises real-world best practices and educates users on key legal risks and how to adapt to new challenges.

Scott advises organization on social media/tech policies and practices, employee online activities, negative reviews, social media in litigation, BYOD, ethics, background assessment, influencer risks, shadow IT, eDiscovery and more.

Scott also helps other lawyers use social media and digital information in litigation. Scott identifies online and device evidence; seeks or opposes discovery of digital information/devices; advises on evidentiary issues, discoverability, novel claims, ethics and other legal issues. He also develops budgets; assesses new litigation technology and makes using digital evidence faster, easier and more predictable.

Scott is a member of the American Bar Association/BNA Lawyers Manual on Professional Conduct Editorial Advisory Board. He is also a contributor to the ABA publication Handbook on Global Social Media Laws for Business Lawyers (Chapter 7: Defamation, Discovery of Sources, and Fake News). Scott’s contribution to that book focused on social media crisis communications and an attorney’s role in a social media crisis.

Scott is also an active member of the New York State Bar Association’s Social Media Committee, where he co-authored the Social Media Ethics Guidelines, an influential national ethics resource, and he contributed to the Social Media Jury Instructions Report. He also managed the Section’s Twitter feed and chairs CLEs.

Scott writes and speaks extensively and has appeared on television, National Public Radio (NPR), before the National Advertising Division (part of the BBB), on behalf of the American Board of Trial Advocates, in podcasts, at CLEs and in many other forums.

Scott is a Rochester, New York native. He received his B.A. from Hamilton College and his law degree from Vanderbilt University. He is licensed to practice law in New York and Massachusetts.

He can be reached at info@scottmalouf.com. See more at Scott’s LinkedIn profile.


Tsan Abrahamson’s practice focuses on strategic counseling in the areas of social media, sweepstakes, intellectual property, advertising, trademark clearance, trademark and copyright prosecution, licensing, and other business transactions.  She also manages the adverse proceedings practice at the U.S. Patent and Trademark Office Trademark Trial and Appeal Board.  Tsan has an extensive practice in the area of marketing promotions, including social media promotions, gift card and gift certificate marketing, print and online sweepstakes, contests, give-aways, warranties, rebates, and coupon promotions.  Tsan completed her undergraduate work at Dartmouth College, and received both her JD and MBA from the UCLA School of Law and The Anderson Graduate School of Management.


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.


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