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Social Media 2019: Addressing Corporate Risks (NY)


Speaker(s): Aaron P. Rubin, Antonious Porch, Jim Dudukovich, John F. Delaney, Kathryn L. Farrara, Kathy L. Ossian, La Toya Sutton, Libby Weingarten, Mark Bisard, Noga Rosenthal, Ryan M. Garcia, Scott L. Malouf, Terri J. Seligman, Tori Chami
Recorded on: Feb. 13, 2019
PLI Program #: 253762

Mark is American Express' "cyberlawyer."  He leads the Cyberlaw Unit in its support of the company's wide-ranging and constantly evolving internet law needs including those involving social media, mobile, the web, emerging technologies, e-contracting, SEO, affiliate marketing, key digital partnerships, and much more. 

Mark has been instrumental in the Company’s digital transformation, shepherding the Company through many innovative company and industry firsts.  He helped the company launch its first mobile apps, draft its first social media policy, navigate multiple website overhauls, and create the Company’s first fan pages, handles, pins, hang outs, blogs, groups and tweet chats.  He now continues to work with his innovative clients to achieve break through, but compliant, results.   Recently, he helped his clients launch an award-winning social commerce program allowing consumers to buy merchant goods on Twitter using only tweets.

Mark frequently speaks and provides training on these topics from the Alley to Valley.  He sits on Boards for the Word of Mouth Marketing Association, Legal Technology News’ Board of Advisors, and the Journal for Digital Marketing (UK).  He was recently awarded an “Effie” and the “Chairman’s Award for Innovation” for his work on social media initiatives at the company.

Before joining American Express in 2008, Mark worked for Thacher Proffitt & Wood LLP (NY, NY) and Jaffe Raitt Heuer & Weiss LLP (Detroit, MI) specializing in a wide range of general business, intellectual property, brand protection, technology, privacy, marketing, and internet law issues for small business and fortune 500 companies alike.   Mark was named Crain's Detroit top 40 Under 40 and received numerous community involvement awards and recognitions.

Prior to practicing law, Mark spent two years teaching at a small high school in rural Louisiana with the Teach for American program.  Mark now lives in Brooklyn with his wife Christie and their two sons.

Mark's first computer was a Commodore 64.


EXPERIENCE:

Libby Weingarten is an associate in the Washington, D.C., office of Wilson Sonsini Goodrich & Rosati, where she advises companies on a broad range of U.S. and international privacy, consumer protection, and data security issues. She has experience defending major corporations facing FTC investigations relating to consumer protection and has responded to regulatory inquiries and conducted internal investigations in high-profile data security breaches.

Libby counsels clients on existing privacy laws, including Section 5 of the Federal Trade Commission Act, the Children's Online Privacy Protection Act, the CAN-SPAM Act, and state data breach notification laws, and she helps them develop policy positions and strategies to respond to new regulations. She also works with clients to develop privacy programs and policies and to assist in privacy due diligence for acquisitions.

Prior to joining the firm, Libby worked in the privacy and data security practice at another major law firm in Washington, D.C.

EDUCATION:
  • J.D., Duke University School of Law 
    Cum Laude; Recipient, Faculty Graduation Award for Intellectual Property and Technology Law; Articles and Commentaries Editor, Duke Journal of Constitutional Law and Public Policy; Content Editor, Duke Law and Technology Review
  • B.A., Stanford University 
    With Distinction, Phi Beta Kappa
  ADMISSIONS:
  • Bar of the District of Columbia
  • Virginia State Bar


JIM DUDUKOVICH is Associate General Counsel at Chobani, where he provides support for the marketing, creative, and insights groups.  Prior to joining Chobani, Jim was Marketing & Product Counsel with Blue Apron, and prior to Blue Apron he was Senior Marketing, Digital & Social Media Counsel with The Coca-Cola Company, where he began working in 1998; in that role Jim provided legal expertise on global social media initiatives, negotiated sports and entertainment marketing transactions, and advised and counseled his business partners on advertising, marketing, and sponsorship issues. Jim is active in the advertising industry, including as a former member of the Word of Mouth Marketing Association’s Board of Directors and Co-Chair of its Legal Affairs Committee, through which he co-authored several sets of industry guidelines and white papers, and is a frequent speaker on social media and marketing law issues, having participated in or chaired dozens of conferences and guest lectured at a number of law and graduate schools. Jim received his B.S. in Systems & Control Engineering with High Honors from Case Western Reserve University in 1990 and his J.D., cum laude, from the University of Michigan Law School in 1992.


Antonious Porch is the General Counsel at SoundCloud, the world’s largest open audio platform. In his role, Porch is responsible for the company’s legal affairs and public policy strategy, and the management of its global team of legal experts in content licensing, copyright, data protection and privacy, and corporate matters.

Porch joined SoundCloud from Shazam--a London based mobile entertainment company--where he served as General Counsel. As GC of Shazam, Antonious led the successful acquisition of the company by Apple, which is reportedly the second largest acquisition by Apple in its history.  Additionally, he oversaw the business & legal affairs department in London and NYC that supported Shazam’s Engineering, Product, Music, Advertising Sales, Business Development, HR and Finance teams in key areas including intellectual property, privacy, employment, real estate, litigation and dispute resolution. 

Prior to Shazam, he spent over a decade at global entertainment company Viacom. Antonious oversaw business and legal affairs for the U.S. Digital Media, Ad Sales and Marketing businesses of Nickelodeon, as well as the U.S. and International Consumer Products and Home Entertainment businesses.  He supported the creation, development, production and distribution of Nickelodeon content across major media platforms and product categories.  In addition, Porch designed Nickelodeon’s compliance strategies for Federal Communications Commission (FCC) and Federal Trade Commission (FTC) regulations in the areas of privacy, marketing and advertising on television, mobile and websites.  Later, as Viacom’s Vice President, Senior Counsel of Technology & Kids Compliance, he provided strategic direction and counsel to Viacom and Paramount Pictures on cybersecurity, information technology and privacy. 

Earlier in his career, he held roles at Classic Media (now DreamWorks Classics, part of NBCUniversal), and the law firms of Latham & Watkins and Morrison & Foerster.

A Chicago native, he is a graduate of Yale College and Columbia Law School and also successfully completed a cable executive management program at Harvard Business School. He serves on the board of the IRTS Foundation and lives in New York City.


As NCC Media’s Chief Privacy Officer and General Counsel, Noga Rosenthal is responsible for guiding the company's privacy and legal initiatives; she holds deep expertise in the development and implementation of comprehensive privacy programs. 

Noga previously served as Chief Privacy Officer at Epsilon where she led the company’s worldwide privacy, compliance and regulatory activities. Prior to Epsilon, she served as General Counsel and Vice President for Compliance and Policy for the Network Advertising Initiative (NAI), running its compliance program and ensuring that member companies delivered on the promise of self-regulation for interest-based advertising. Furthermore, she also led global legal affairs for WPP’s Xaxis, a pioneering programmatic digital media business, as SVP and General Counsel. 

Noga is a member of the Women Leading Privacy Advisory Board of the International Association of Privacy Professional (IAPP) and the IAB Federal Privacy Working Group. She has also served on the IAPP’s Education Advisory Board and was an active member of the UK Data Protection Network, providing guidance on the General Data Protection Regulation. Noga also sat on the Advisory Board of the Digital Advertising Alliance, the Data Standards Committee of the Data and Marketing Association, the Legal Affairs Council and the Public Policy Council of the Interactive Advertising Bureau. She also served as co-chair of the Privacy Committee of the Mobile Marketing Association.

Noga received her bachelor’s degree in English and Political Science from Rutgers and a J.D. from Fordham Law School.

 


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.


La Toya Sutton, staff attorney, joined NAD in April 2018. Prior to joining NAD, La Toya worked in private practice, focusing on the marketing and promotion of consumer goods and services. During her years in private practice, she specialized in counseling clients regarding the advertising of products subject to the overlapping jurisdictions of the Federal Trade Commission and Food and Drug Administration. La Toya has authored numerous articles on various consumer protection issues and speaks regularly at industry conferences. La Toya received her B.A. from Brown University, with dual degrees in Political Science and Afro-American Studies. She received her J.D. from Georgetown University Law Center.  She is admitted to practice in Maryland and D.C.


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.


Tori Chami serves as Vice President and Senior Counsel in the General Counsel’s Office at American Express, supporting the Global Advertising & Brand Management (GABM) and Corporate Affairs and Communications (CA&C) business units, as well as having responsibility for Customer Engagement, Brand & Media for the enterprise.   Tori focuses on brand advertising, sponsorships, media buying, experiential marketing, native advertising, celebrity endorsement deals, music licensing and branded entertainment.  He also supports his clients in areas such as social media advertising, promotions and sweepstakes, cause-related marketing, and influencer programs.  Prior to joining American Express in 2013, Tori was in-house counsel at Constituency Management Group, a division of Interpublic Group of Companies (IPG), supporting various PR and marketing agencies across the US and Canada.  In 2014, Tori co-authored a white paper published by WOMMA, entitled “Don’t be Naive about Native”, on how marketers should approach disclosure in native advertising. Tori is a graduate of New York University and Brooklyn Law School.


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.


Ryan Garcia is a Legal Director for Dell where he represents the global Social Media, Marketing, and Gaming organizations.  Prior to joining Dell, Mr. Garcia was a technology litigator representing DirecTV in hundreds of satellite piracy lawsuits and also represented Sun Microsystems in their copyright and antitrust lawsuits against Microsoft.  Mr. Garcia was a multimedia programmer and video game developer in his pre-lawyer life.

Mr. Garcia currently teaches Law and Social Media at the University of Texas School of Law.  He has given keynotes, spoken at, and chaired dozens of social media legal conferences around the country.  He has also been invited to speak on social media legal topics before the National Conference of State Legislatures, American Bar Association committees, and the Game Developers Conference.  Mr. Garcia frequently blogs about social media legal issues at SoMeLaw.wordpress.com.  His book, Social Media Law in a Nutshell, is out now and is guaranteed to be the best social media law nutshell you’ve ever read. Noted technology columnist David Pogue has called Mr. Garcia the funniest Dell lawyer he knows.


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


Terri J. Seligman is the co-chair of the Advertising, Marketing & Public Relations Group at Frankfurt Kurnit. Ms. Seligman is a leader in the advertising law community.

Recognized as one of the “Top 50 Women” lawyers in New York by Super Lawyers magazine, Ms. Seligman also regularly receives high marks in Chambers USA America’s Leading Lawyers for Business, Best Lawyers and is a “Leading Lawyer” in The Legal 500. She was also the only law firm partner selected by New York Business Journal in 2014 for its inaugural “Women of Influence Awards,” honoring business women who stand out both for their achievements in the marketplace as well as their commitment to community and mentoring. 

Ms. Seligman is one of the country’s preeminent practitioners before the National Advertising Division (NAD), representing both advertisers and challengers in competitive advertising disputes. She also represents companies in disputes and regulatory matters before broadcast networks and state and local enforcement agencies. 

In addition, Ms. Seligman advises on the full complement of advertising and marketing law issues, including claims and substantiation, native advertising, social media, mobile marketing and laws governing intellectual property and rights of publicity and privacy. She also regularly advises on sweepstakes and contests, and laws governing gift cards, reward programs, rebates, and other popular marketing devices. In addition to her counseling practice, Ms. Seligman also drafts and negotiates contracts for advertising and marketing arrangements, including celebrity talent deals, sponsorship and co-promotion agreements, media agreements, and licensing agreements. 

Ms. Seligman is a well-known public speaker on advertising, marketing, and Internet law issues. She has been a featured speaker at BAA, NAD, ANA, MLRC and other national conferences. Her writings have appeared in Inside Counsel Magazine, Advertising Compliance Service, iMedia Connection, The Computer and Internet Lawyer, and other publications. She has served as a Vice-Chair of the Advertising Disputes and Litigation Committee of the Antitrust Section of the American Bar Association (ABA) and is currently a Co-Chair of the Advertising and Commercial Speech committee of the MLRC.

Ms. Seligman is a graduate of New York University School of Law (JD, 1985), and Wesleyan University (BA, with honors, 1982). She clerked for the late Hon. Morey L. Sear, former Chief Judge of the United States District Court for the Eastern District of Louisiana. Ms. Seligman is on the Board of Trustees of The Brearley School and is also a Fellow of the American Bar Foundation. She is a past recipient of the Cornerstone Award from Lawyers Alliance for New York, the leading provider of legal services for nonprofit organizations improving the quality of life in New York City neighborhoods. Ms. Seligman is admitted to practice in New York and California.


Kathryn is a Senior Marketing Counsel for Unilever United States, where she has handled a variety of brands in the personal care, food and beverage categories. In addition to counseling brands, Kathryn handles overarching issues related to Privacy and Social Media at Unilever.

Kathryn is also an active member of the American Bar Association Section of Antitrust, which includes the Advertising Disputes & Litigation Committee and the Consumer Protection Committee where she served as an Editor of the Section’s Report: Self-Regulation of Advertising in the United States: An Assessment of the National Advertising Division, which is expected to be published later this year.  

Kathryn has also served as an adjunct professor for New York Law School where she taught an introductory course on Advertising & Media Law as part of the NYLS Institute for Information Law & Policy job track program. Prior to joining Unilever and NYLS, Kathryn was a Senior Attorney and advertising review specialist for the National Advertising Division (NAD) of the Advertising Self Regulatory Council (ASRC) where she reviewed advertising campaigns for the Consumer Packaged Goods industry as well as the Telecommunications, Dietary Supplements and Automotive industries.