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The Law and Business of Open Source Software 2019


Speaker(s): Alexandra Bell, Carolyn Edgar, Carolyn H. Blankenship, Damion Josephs, Gregory Cram, James S. Talbot, Jeffrey D. Osterman, Justin Colannino, Karen M. Sandler, Leia LeFay, Lori E. Lesser, Manuel Martinez-Herrera, Megan Manfred, Rebecca Roiphe, Stefan Mentzer, Zara Rethy
Recorded on: Nov. 13, 2019
PLI Program #: 253917

FRONT: Manuel Martinez-Herrera is the VP of Legal Affairs at BetterCloud where he is responsible for the corporate, technology, regulatory, privacy and employment legal needs of the company.

BACK: Manuel has been practicing law for more than 15 years including stints in Barcelona, Madrid, Buenos Aires and New York. Before joining BetterCloud, Manuel was the VP of Legal and Compliance at Namely - the HR, Payroll and Benefits platform - where he headed a wonderful team of legal and compliance professionals.

Manuel spent most of his formative years as a lawyer as a member of the Global Data Privacy and Security Group and an associate in the International Labor and Employment Law Department of White & Case, a leading global law firm, where his practice focused on counseling multinational employers on cross-border human resources and data privacy issues affecting multiple countries and jurisdictions. 

Manuel loves pencils, Roberto Bolaño novels and Real Madrid.

Manuel holds an LLM from Harvard Law School where he was a Real Colegio Complutense Scholar and a Licenciatura en Derecho (J.D. equivalent) from Universidad Pontificia de Comillas in Madrid, Spain.  


Jeffrey Osterman is a partner in Weil’s Technology & IP Transactions practice and concentrates on matters with deep commercial or technical complexity. He has had extensive experience with pure patent licensing, technology transfer, outsourcing, technology integration, content licensing and merchandising.

Mr. Osterman recently advised Sanofi in its worldwide exclusive licensing agreement with MannKind Corporation to develop and commercialize Afrezza (insulin human) Inhalation Powder; Verizon in connection with the acquisition of cloud TV technology from Intel; Lenovo in connection with the acquisition of Motorola Mobility from Google; and Mubadala and Sony/ATV in connection with the proposed $2.2 billion acquisition of EMI Music Publishing. Mr. Osterman also regularly represents Panasonic in connection with a wide variety of transactional matters involving consumer electronics and GE in connection with the IP aspects of numerous corporate transactions. He also counsels clients with respect to their rights under existing agreements and the development of new technologies.

Mr. Osterman lived in Japan from May 1997 to May 1998 where he worked in-house on loan to the headquarters of Panasonic Corporation.

Mr. Osterman is a member of the State Bar of New York and is admitted to practice before the United States Patent and Trademark Office. He has appeared on national television and lectured on intellectual property, electronic privacy and e-commerce throughout the United States and on U.S. intellectual property and contract law in Japan. He is also the Vice Chair of the IP Licensing Committee of the Intellectual Property Owners’ Association and is active in the open source legal community.

Mr. Osterman has received a number of awards for his expertise including being ranked by Chambers USA and Chambers Global as a national and global leader in the technology and outsourcing fields and by Legal 500 as a leading lawyer in the field of intellectual property. He is also recognized as an “IP Star” by Managing Intellectual Property’s IP Stars for Copyright, Counselling and Licensing, by Best Lawyers in America for Information Technology Law and in IAM Patent 2014.

Education

Harvard Law School (J.D., cum laude, 1995)

Cornell University (B.A., cum laude, 1992)


Lori Lesser is a Partner at Simpson Thacher & Bartlett LLP, where she practices in the Litigation Department and is Head of the Intellectual Property Transactions Practice and Co-Chair of the Privacy and Cybersecurity Practice. Lori advises on all aspects of intellectual property, technology and privacy law, including corporate transactions, litigation, licensing, outsourcing, strategic agreements and counseling.

Her IP transactional experience includes mergers and acquisitions, securities offerings and secured financings, bankruptcy and restructurings, joint ventures, licensing, outsourcing, counseling and other strategic agreements. Her IP litigation practice comprises trial and appellate work and WIPO arbitrations.

Ms. Lesser is also consistently recognized by Chambers USA, The Legal 500 and The Best Lawyers in America, for which she has been named the “Information Technology Lawyer of the Year” for New York City. She has been listed in the “Top 50 Under 45” U.S. IP Lawyers (IP Law & Business magazine), the “Top 45 Under 45” U.S. women lawyers (The American Lawyer), and “The 20 Most Influential Women in IP Law” (Law360). She has been ranked in New York City’s top 100 lawyers and top 50 women lawyers by Super Lawyers. She has received the Burton Award for legal writing and the Award of Excellence from Volunteer Lawyers for the Arts. Her IP work in private equity deals has been featured on the cover of IP Law & Business.

Ms. Lesser has served as a David Rockefeller Fellow for New York City and corporate partner for GreaterNY and serves on the boards of the Partnership Fund for New York City and the Citizens Budget Commission. She is President of the Harvard Law School Association of NYC and serves on the Executive Committee of the Harvard Class of 1988. She is on the Advisory Board of ChIPs (chief IP counsel), the Business Advisory Council of ProPublica, the Leadership Council of Barnard’s Athena Center for Leadership Studies, and the Hunter College Pre-Law Advisory Board. She is a Fellow of the Foreign Policy Association.

Ms. Lesser graduated from Harvard University (A.B., magna cum laude and Phi Beta Kappa, 1988) and Harvard Law School (J.D., cum laude, 1993).


Carolyn Edgar is Managing Counsel – Technology, Intellectual Property and Social Media at The Bank of New York Mellon Corporation. Carolyn works on technology and procurement transactions, including software licenses, application services, SaaS, Cloud, consulting services agreements, software development agreements, information services and business process outsourcing agreements. Prior to joining BNY Mellon, Carolyn was Vice President and Legal Counsel for The Estée Lauder Companies. Carolyn is a graduate of Harvard Law School.


Damion Josephs

Damion, a bachelor of science graduate of the University of Virginia, attended New York Law School and started his legal career in June 2014 with IBM. Damion has provided intellectual property (IP) legal support (patent, trademark, copyright, trade secret) to technical and business personnel and management. Damion has supported various business units at IBM including support to IBM’s systems & technology, software, and hybrid cloud units. Damion has also supported a number of software licensing transactions, M&A transactions and IP policy matters. In August 2019, Damion assumed his current role as an attorney advising IBM’s sales and distribution unit. In this role, Damion is primarily engaged in conducting client-/customer-facing engagements and providing commercial legal support in the sale of IBM products, solutions and/or services.


Greg Cram is the Associate Director of Copyright and Information Policy at The New York Public Library. Greg endeavors to make the Library’s collections broadly available to researchers and the public so that users can create new information, new aesthetics, new insights and understandings. He is responsible for developing and implementing policies and practices around the use of the Library’s collections, both online and in the Library’s physical spaces. Greg has helped steer projects through a maze of complex intellectual property issues, including the release of more than 225,000 high-resolution images of public domain collection items.

In addition to his efforts to increase the use of the Library’s collections, Greg has worked on a number of the Library’s open-source software development projects. From innovative crowdsourcing platforms to mobile applications for ebook reading, Greg has helped the Library use and produce open-source tools.

Greg has represented the Library in advocating for better copyright policy and has testified before Congress, the United States Copyright Office, and the United States Patent and Trademark Office.

Before joining the Library in 2011, Greg served as the copyright clearance consultant to Leadership Team Development, a business support company that organizes thousands of meetings, seminars and conferences. He also worked as a licensing associate at Sanctuary Records, a large independent record label. He is a graduate of Boston University and The Benjamin N. Cardozo School of Law. He is a licensed in New York and Massachusetts.


James Talbot focuses on transactional matters. His experience includes complex technology
development and licensing, intellectual property matters relating to mergers and acquisitions,
outsourcing of business practices, information security and privacy projects, as well as
internet domain name matters.

Since joining the firm in 1997, Mr. Talbot has counseled a broad array of clients, both large
and small, covering a wide range of businesses. He is a co-editor of the firm’s monthly
Privacy and Cybersecurity Update and is a frequent speaker on security, outsourcing, domain
names and intellectual property matters.


Justin is an Open Source & Standards Attorney at Microsoft.

Justin has almost a decade of experience representing clients at the intersection of free & open source software communities and for-profit enterprises. At Microsoft, he is part of a small team that oversees processes to enable open source use at massive scale. Prior to Microsoft, Justin was an active pro bono lawyer to free and open source software communities – having provided pro bono advice to the Free Software Foundation, the Apache Software Foundation, the Open Source Initiative, and the GNOME Foundation.

Justin specializes in advising how to use copyleft right. He has experience with copyleft litigation or pre-litigation for both non-profit and for-profit entities, including as litigation counsel to Erik Andersen and Software Freedom Conservancy in a dispute over use of the BusyBox toolkit in the Southern District of New York.

A published computer scientist in a past life, Justin also has significant experience with patent litigation both in private practice and as a law clerk in the District of New Jersey.


Karen M. Sandler is the executive director of Conservancy. Karen is known as a cyborg lawyer for her advocacy for free software, particularly in relation to the software on medical devices. Prior to joining Conservancy, she was executive director of the GNOME Foundation.

Before that, she was general counsel of the Software Freedom Law Center.

Karen co-organizes Outreachy, the award-winning outreach program to support women globally and for people of color who are underrepresented in US tech. She is also pro bono counsel to the FSF and GNOME. Karen is a recipient of the Free Software Foundation's Award for the Advancement of Free Software and the O’Reilly Open Source Award.

Karen received her law degree from Columbia Law School in 2000, where she was a James Kent Scholar and co-founder of the Columbia Science and Technology Law Review. Karen received her bachelor’s degree in engineering from The Cooper Union.


Megan Manfred serves as Senior Counsel at Via On-Demand Transit, responsible for

heading up corporate and commercial matters at the company. Her practice includes negotiating SaaS and TaaS (transportation as a service) deals with public and private sector partners, vendor contracting, management of Via’s intellectual property, legal advice relating to sales / marketing, overseeing Via's immigration program, as well as day-to-day legal support for the operation of Via's business.

Prior to joining Via, worked in the intellectual property and technology transactions group at Skadden Arps. She has a politics degree from Princeton and a J.D. from NYU. Before attending law school, she worked in management consulting.


Rebecca Roiphe is Professor of Law and Dean for Faculty Development at New York Law School where she teaches Professional Responsibility, Criminal Procedure, Ethics in Criminal Practice, and American Legal History.  She runs the Institute for Professional Ethics and is a co-director of the Criminal Justice Center at NYLS.  Professor Roiphe holds a JD from Harvard Law School and a PhD from the University of Chicago in American History.  She writes on the history of the legal profession and prosecutorial ethics.  Her opinion pieces have appeared in Slate, the New York Review of Books Daily, the Hill, among other popular press on questions related to prosecutors and legal ethics.  She has also appeared as an expert on MSNBC Live with Katy Tur, the Beat with Ari Melber, CNN, and CBS News.  Before going into academia, she worked as an Assistant District Attorney in the New York County District Attorney’s Office where she prosecuted white collar crime.  She is currently serving as reporter for the New York State Bar’s Committee on the Standards of Attorney Conduct, as the liaison from the AALS to the American Bar Association Standing Committee on Ethics and Professional Responsibility, and as a subject matter expert for the MPRE.


Stefan Mentzer

Stefan litigates complex civil and intellectual property matters for a wide range of clients, including technology, media, ecommerce, retail, automobile, pharmaceutical, consumer products, manufacturing and financial services companies.

His areas of focus include copyright, trademark, unfair competition, trade secrets, and music licensing, and he regularly advises clients on strategies for managing IP-related risks. Stefan has extensive experience in bench and jury trials and appeals. He has practiced in federal and state courts and in administrative proceedings before the US International Trade Commission, the Copyright Office, and the Patent and Trademark Office.

Stefan's clients have included Avon, Deutsche Bank, the Gore Vidal Revocable Trust, Honda, Pfizer, Sandoz, Sears, the Solomon R. Guggenheim Foundation, Sony, Walmart, and the Whitney Museum of American Art.

Stefan has served as Chair of the Copyright Law Committee of AIPLA, a 15,000-member national bar association, and he has been quoted by Corporate Counsel, The National Law Journal, The New York Law Journal, The New York Observer, The Washington Post, Fortune, Wired, Law360, Reuters, and The Associated Press.


Carolyn Blankenship is SVP, Associate General Counsel, Intellectual Property for Thomson Reuters.  She joined Reuters in 2001 and before that held a variety of IP-related positions as both in-house and outside counsel, including stints at Skadden, Arps and Priceline.com.

Carolyn leads the Corporate Legal Innovation, Product and Privacy Practice Group, with a focus on protecting and leveraging innovations throughout the company.  In addition, Carolyn oversees all patent litigation and supports the IP aspects of the company’s M&A activity. 

As an undergraduate, Carolyn attended the Massachusetts Institute of Technology for two years and went on to earn a B.A. in Biology from Harvard College.  She has a J.D. from Arizona State University College of Law and clerked for the Hon. Noel Fidel of the  Arizona State Court of Appeals.