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TechLaw Institute 2020: The Digital Evolution


Speaker(s): Anna Hsia, Cynthia Frey, Dean W. Harvey, Frank L.. Bernstein, James G. Snell, Jenn Abrahamsen, John C. Yates, Joseph V. DeMarco, Justin Chang, Lance Koonce, Lucian T. Pera , Marc S. Roth, Marina Gatto, Pamela A. Bresnahan, Philip H. Albert, Raymond H. Sheen, Thomas N. Dahdouh, Tsan Abrahamson
Recorded on: Mar. 2, 2020
PLI Program #: 277744

Jim Snell is a partner in the Privacy & Security Group at Perkins Coie.  He represents clients in a broad range of complex commercial matters, including Internet and privacy issues, security issues, IP, false advertising, and class actions.  Jim’s experience includes, among other things, IoT, unmanned vehicles, wiretap and surveillance matters, AI and machine learning, the Communications Decency Act, biometrics, web scraping, data breach, and the Telephone Consumer Protection Act.

Jim is a Certified Information Privacy Professional (CIPP) as designated by the International Association of Privacy Professionals (IAPP).


Joseph V. DeMarco is a partner at DeVore & DeMarco LLP where he specializes in counseling clients on complex issues involving information privacy and security, theft of intellectual property, computer intrusions, on-line fraud, and the lawful use of new technology. His years of experience in private practice and in government handling the most difficult cybercrime investigations handled by the United States Attorney’s Office have made him one of the nation’s leading experts on Internet crime and the law relating to emerging technologies.

From 1997 to 2007, Mr. DeMarco served an Assistant United States Attorney for the Southern District of New York, where he founded and headed the Computer Hacking and Intellectual Property Program, a group of five prosecutors dedicated to investigating and prosecuting violations of federal cybercrime laws and intellectual property offenses. Under his leadership, cybercrime prosecutions grew from a trickle in 1997 to a top priority of the United States Attorney’s Office, encompassing all forms of criminal activity affecting e-commerce and critical infrastructures including computer hacking crimes; transmission of Internet worms and viruses; electronic theft of trade secrets; illegal use of “spyware”; web-based frauds; unlawful Internet gambling; and criminal copyright and trademark infringement offenses. As a recognized expert in the field, Mr. DeMarco was frequently asked to counsel prosecutors and law enforcement agents regarding novel investigative and surveillance techniques and methodologies, and regularly provided advice to the United States Attorney concerning the Office’s most sensitive computer-related investigations. In 2001, Mr. DeMarco also served as a visiting Trial Attorney at the Department of Justice Computer Crimes and Intellectual Property Section in Washington, D.C., where he focused on Internet privacy, gaming, and theft of intellectual property.

Mr DeMarco is on the panel of approved neutrals of the American Arbitration Association (AAA) where he focuses on resolving disputes between businesses involving data privacy, high-technology and commercial law issues.  He speaks frequently on the benefits of ADR in the area of data security and privacy litigation.

Since 2002, Mr. DeMarco has served as an Adjunct Professor at Columbia Law School, where he teaches the upper-class Internet and Computer Crimes seminar. He has spoken throughout the world on cybercrime, e-commerce, and IP enforcement. He has lectured on the subject of cybercrime at Harvard Law School, the Practicing Law Institute, the National Advocacy Center, and at the FBI Academy in Quantico, Virginia, and has served as an instructor on cybercrime to judges attending the New York State Judicial Institute.

Prior to joining the United States Attorney’s Office, Mr. DeMarco was a litigation associate at Cravath, Swaine & Moore in New York City, where he concentrated on intellectual property, antitrust, and securities law issues for various high-technology clients. Prior to that, Mr. DeMarco served as law clerk to the Honorable J. Daniel Mahoney, United States Circuit Judge for the Second Circuit Court of Appeals.

Mr. DeMarco holds a J.D. magna cum laude from New York University School of Law. At NYU he was a member of the NYU Law Review. He received his B.S.F.S. summa cum laude from the Edmund A. Walsh School of Foreign Service at Georgetown University.  Mr. DeMarco is active in numerous professional associations including the:

  • International Bar Association (Technology and Litigation Sections);
  • International Association of Korean Lawyers (Regional Governor, New York Region);
  • New York State Bar Association, ADR Section;
  • New York State Bar Association, Commercial and Federal Litigation Section (Co-chair, Internet and IP Committee, 2009-present);
  • Connecticut Bar Association;
  • Fairfield County (CT) Bar Association;
  • New Haven County (CT) Bar Association;
  • New York City Bar Association (Co-Chair, Information Technology Law Committee; Past
  • Member, Copyright Committee); and
  • The Copyright Society of the U.S.A.

Mr. DeMarco is a Martindale-Hubbell AV-rated lawyer for Computers and Software, Litigation and Internet Law, and is also listed in Chambers USA: America’s Leading Lawyers for Business guide as a leading lawyer nationwide in Privacy and Data Security. He has also been named as a “SuperLawyer” for his expertise and work in the area of Intellectual Property Litigation. He has published numerous articles and appeared on major news programs in his practice areas; is a member of the Professional Editorial Board of the prestigious Computer Law and Security Review (Elsevier); and serves on the Board of Advisors of the Center for Law and Information Policy at Fordham University School of Law.

Mr. DeMarco has received numerous professional awards, including the U.S. Department of Justice Director’s Award for Superior Performance, as well as the Lawyer of Integrity Award from the Institute for Jewish Humanities. In his spare time he enjoys parenting, golf, and listening to classical piano.


Lucian T. Pera focuses his practice on commercial litigation, media law, and legal ethics work.  His civil litigation practice has ranged widely and includes a variety of commercial, personal injury and intellectual property litigation, as well as numerous state and federal appeals. Lucian has represented many media outlets in matters ranging from claims for defamation or invasion of privacy to access to courtrooms, public records and meetings of government bodies.

His extensive bar association work in the field of legal ethics and professional responsibility has resulted in him being elected, both locally in Tennessee and nationally, to bar association leadership positions.  This work also makes him a go-to lawyer nationally in the field of legal ethics and professional responsibility.  He advises attorneys, law firms, their clients, and businesses who deal with lawyers about all aspects of the law. Recent assignments have included defense of lawyers in disciplinary investigations and proceedings, counseling clients with disciplinary complaints and other claims against lawyers, advising law firms about loss prevention and claims, defending and prosecuting motions to disqualify lawyers or for sanctions, and advising innovative start-ups in the legal business.

Lucian regularly provides expert witness testimony in matters concerning legal ethics, professional responsibility and the standard of care for lawyers and law firms.

Amid rapid changes in the business of law, Lucian also counsels law firms and other entities developing new business models for the delivery of legal services.  He also advises individuals and organizations seeking to do business with lawyers about how they may do so legally and ethically.


Philip Albert handles the intersection of, and facilitates the interaction between, technology and the law, a technologist who understands the law and a lawyer who understands clients’ technology. An understanding limited solely to issues of the law is no longer sufficient to provide quality legal service to emerging and established technology companies: clients need counsel who understand the substance of their work, and appreciate the technical details. Clients need someone who understands the client’s products and services, but also understands their business strategy and risk assessments. Having just such an understanding, Philip is able to interact efficiently with all relevant participants - from patent offices, to opposing counsel, to engineers, and in-house attorneys to facilitate the necessary information exchange, so that all parties are well-informed and able to communicate efficiently. Our clients appreciate that approach.

 

Practice Highlights

Patent prosecution

Philip handles patent prosecution, including interfacing with patent practitioners in other countries, setting up internal patent review processes so that limited resources are allocated to only the more important inventions, evaluating patents of others for purchase, licensing, or design-around, as well as addressing intellectual property components of a larger transaction, acquisition or due diligence project.

Cross-industry experience

Philip handles client matters in various industries, including networking, wireless communication, satellite communications, orbital dynamics, food safety systems, food packaging, Internet and computer security, cloud computing, Internet of Things, cryptography, blockchain and cryptocurrency, video games, computer animation, and gaming/casino machines.


Ray Sheen represents policyholders in complex insurance recovery disputes. He has advised clients on insurance coverage for a wide range of claims and losses, including cyber liabilities, data breach and ‘phishing’ losses; product liability/consumer class actions and product recalls; securities class actions and derivative lawsuits; trade credit claims; copyright, trademark, and patent infringement; and trade secrets, antitrust, Telephone Consumer Protection Act, Fair Credit Reporting Act, and employment claims.

Ray assists policyholders with negotiating and maximizing their insurance assets, including directors and officers (D&O), cyberliability, and errors and omissions (E&O) policies. He has advised clients on insurance issues related to mergers and acquisitions and real estate transactions.

Ray served as a law clerk to the Honorable J. Spencer Letts of the U.S. District Court for the Central District of California and as an extern with the Honorable Thelton E. Henderson of the U.S. District Court for the Northern District of California.

He received his J.D. from Stanford Law School in 1997, where he was note editor for the Stanford Law Review, and a B.A., summa cum laude, from Amherst College in 1992.

Memberships and Affiliations

  • Fellow, Leadership Council on Legal Diversity (2016)


Anna Hsia maintains a diverse practice counseling clients on product development and privacy issues, and litigating complex business disputes. Her broad clientele includes entrepreneurs, online gaming companies, cloud computing companies, biotechnology companies, and multinational corporations.

As a Certified Information Privacy Professional (CIPP/US), Anna assists clients with navigating the complex web of privacy laws and regulations that apply to existing and new technologies. From counseling clients on consumer-facing privacy policies and terms of service to working with business teams to mitigate risk associated with new product offerings, Anna provides practical advice to resolve difficult legal issues. Anna also works with business-to-business clients on transactional issues arising from licensing and reseller arrangements. She has guided clients on compliance with regulations such as the TCPA, HIPAA, COPPA, state-specific privacy regulations, and the Fair Credit Reporting Act. Anna has also counseled clients on compliance with European privacy regulations and cross-border data transfers.

As part of her litigation practice, Anna guides clients through complex disputes. She has broad experience litigating claims involving unfair competition allegations, false advertising, and other privacy-related claims in federal and state court. Anna has extensive experience representing both plaintiffs and defendants in consumer class actions, including defense of class actions involving the TCPA. She has also assisted clients with federal and state regulatory investigations, and with guiding clients through data breach responses.

Anna is a member of the San Francisco Bar Association and the International Association of Privacy Professionals. She has been published by the American Bar Association, the Daily Journal, and Financier Worldwide. Her speaking engagements include presentations at the Stanford Ecommerce Best Practices Conference and the Minority Corporate Counsel Association’s CLE Expo.

Prior to joining ZwillGen, Anna litigated a variety of business disputes for both plaintiffs and defendants. She developed experience in contract disputes, consumer financial services litigation, securities litigation, trademark, and trade secret actions. While a member of Goodwin Procter’s privacy and data security group, Anna counseled clients on compliance with federal, state, and international privacy laws.

Anna received her law degree from Harvard Law School, where she served as an Editor-in-Chief and Outreach Editor of the Harvard Negotiation Law Review.

Anna’s services are offered to clients through ZwillGen Law LLP, an affiliate of ZwillGen PLLC.


Cynthia Frey is an Assistant United States Attorney in the Northern District of California and works in the Special Prosecutions section.  She is the Computer Hacking Coordinator and specializes in the investigation and prosecution of a wide array of cyber crime, involving computer fraud and abuse, wire fraud, and money laundering, as well as national security and public corruption matters.  Ms. Frey previously worked with the National Security Division of the Department of Justice investigating and prosecuting counterterrorism cases.  Before Joining the Department of Justice, she worked with the United Nations in Kosovo on international criminal prosecutions, taught international criminal law, and litigated intellectual property matters as a partner at a law firm. 


Dean W. Harvey, co-chair of Perkins Coie's Artificial Intelligence, Machine Learning & Robotics group, focuses his practice on technology related commercial transactions, product counseling and data privacy and security. He assists clients in acquiring and developing intellectual property, technology, software and other technology-related services. Dean has counseled FORTUNE 100 clients on AI and machine learning, product compliance, privacy and security, large software development projects; AI companies in negotiations with their clients, SaaS providers in establishing and operating their platforms; and technology companies in various data and technology licensing transactions.

Dean advises both providers and purchasers of machine learning solutions. He has represented both providers and buyers in establishing templates for negotiating machine learning and AI transactions. He has advised AI vendors in projects involving issues such as fraud detection, disease risk prediction, disease condition prediction, and image recognition and identification. He has assisted buyers in obtaining AI solutions in areas such as pricing optimization, claims editing, RPA and e-commerce site optimization.


Frank Bernstein is a partner in the Intellectual Property & Technology Group at Squire Patton Boggs (US) LLP.  Frank uses his extensive patent litigation experience to think outside the box, helping clients obtain and defend challenging patents. He has a broad range of practice before the US Patent and Trademark Office (both pre-grant and post-grant patent matters), as well as in US district courts in all phases of patent infringement actions (pre-filing investigations to claim construction, Markman hearings to trials and appeals).  Frank’s high technology expertise includes computer hardware and software, electronics, fintech, autonomous vehicles, and machine learning/artificial intelligence.

A frequent panelist and speaker, both locally and nationally, Frank has covered topics such as recent patent precedent and legislation, patent portfolio development and management, and intellectual property due diligence in mergers and acquisitions.  He is a frequent contributor to his firm’s Intellectual Property & Technology blog.


Jenn Abrahamsen currently leads the team within PayPal’s Global Privacy Program focused on privacy operations and records and information governance.  As part of this role, she focuses on strategic advising of risks and opportunities associated with new or changing product offerings and corporate development strategies. In addition, she advises on data incidents, working closely with Legal and Regulatory teams.  


Lance Koonce is a Partner in the New York, NY office of Davis Wright Tremaine LLP who specializes in intellectual property and media counseling and litigation for clients in the advertising, publishing, music, television/film, and consumer products fields. He has two decades of experience analyzing the implications of emerging technologies across various industries, especially in the context of the content industries.

Lance graduated with honors from the University of North Carolina Law School in 1996. Prior to joining Davis Wright Tremaine, he was an associate with the boutique IP law firm Kay, Collyer & Boose LLP, and started his career as an attorney at Dewey Ballantine LLP.

Lance writes and speaks frequently on IP and technology issues, including blockchains and other distributed technologies.  He leads DWT’s cross-disciplinary blockchain initiative, and is the founder of the Creative Blockchain blog.  He also serves as the co-chair of the Law & Technology Committee of the New York County Lawyers Associations.


Marc Roth works with clients to comply with state and federal laws and rules governing privacy, social media, sweepstakes, telemarketing, and advertising. He also counsels clients on transactional matters, and guides them through federal and state government investigations.

Previously chief compliance counsel for a Time Warner company and an FTC staff attorney, Marc draws upon decades of consumer advertising and marketing law experience when counseling clients. He frequently speaks and writes about privacy and telemarketing issues.

Marc drafts and amends online and offline privacy policies, and advises companies on how data may be collected, shared, and used in partner marketing arrangements. He also advises clients on laws governing data use and security. These include the Children’s Online Privacy Protection Act, the Gramm-Leach-Bliley Act, the Fair Credit Reporting Act, the Fair and Accurate Credit Transactions Act, the Video Privacy Protection Act, HIPAA, the CAN-SPAM Act, and the E.U. Data Protection Directive.

In the marketing arena, Marc counsels clients on how to develop and manage telemarketing programs that comply with the Telemarketing Sales Rule, the Telephone Consumer Protection Act, and applicable state laws. He also advises companies on how to develop and manage free trial, negative option, and continuity marketing programs in compliance with all applicable laws, regulations and credit card processing rules.

Additionally, Marc counsels clients preparing to conduct marketing campaigns through online social networks.


Marina Gatto works with clients to build strong privacy programs and ensure compliance with a range of privacy laws. She helps clients prepare to comply with the California Consumer Privacy Act (CCPA), including leading trainings, conducting client interviews, data mapping and revising policies and procedures. Marina also advises on General Data Protection Regulation (GDPR) compliance, including drafting and updating cookie banners and policies, revising privacy policies and drafting data protection plans. She has additional experience counseling on compliance matters regarding evolving automatic renewal laws for various states as well as Canada.

Marina is very familiar with the Electronic Communications Privacy Act (ECPA), Stored Communications Act, Communications Decency Act and other federal, state and international statutes, and assists technology clients with related subpoenas, court orders, warrants and other user information requests. In addition, she helps clients assess and respond to requests from international law enforcement agencies and has developed compliance checklists for several countries detailing international privacy standards.

As part of her commercial litigation practice, Marina has researched and drafted numerous motions to quash, as well as motions on fiduciary duties and proxy agreements, anti-SLAPP motions and replies. She has also assisted on Proposition 65 matters, on behalf of clients facing claims under California’s Safe Drinking Water and Toxic Enforcement Act.

Maintaining an active pro bono practice, Marina has conducted research and provided information on applicable federal law for the nonprofit group, Without My Consent, which aims to supply the public with tools to fight online harassment. She also has assisted with landlord/tenant law matters and immigration cases.


Mr. Yates is chair of the Corporate Technology Group of Morris, Manning & Martin in Atlanta. He is internationally recognized in the technology law and corporate finance fields. His firm represents technology companies in all stages of growth and is a leader in VC and private equity deals, IPOs and M&A transactions. Mr. Yates is co-founder of the Technology Association of Georgia, Southeastern Software Association, and Southeast Medical Device Association.  He has authored hundreds of articles and was cited by the U.S. Supreme Court in Kodak vs. Image Technical Services.

He received his B.A. and J.D. from Duke University and serves on the Board of Visitors at the Duke School of Law and Board of Trustees of Furman University.  Mr. Yates was chair of the 2013 NCAA Final Four Basketball Tournament in Atlanta in April 2013.


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.


Thomas Dahdouh is currently the Regional Director of the Federal Trade Commission’s Western Region, with offices in San Francisco and Los Angeles.  He served as Assistant Regional Director for the Western Region from 2012 to May 2013.  Before that, he worked for 14 years as a staff attorney in the San Francisco office, handling both consumer protection and antitrust matters.  Previously, he worked at the FTC’s Washington, D.C., headquarters for two Commissioners.  He has also served on the Executive Committee of the California State Bar’s Antitrust, UCL and Privacy Section since 2009, most recently serving as its Chair from 2014-2015.  He received his JD from Harvard Law School and his BA from Yale University.


Justin S. Chang is Corporate Counsel at Digital Realty, where he manages global litigation and employment matters for the company. During his career, Mr. Chang has represented domestic and international clients on business and litigation matters. He has experience litigating disputes through jury trial, advising legal departments on litigation and other legal matters, preparing antitrust and anti-corruption compliance programs for multinational corporations, and representing individuals and companies in connection with SEC, DOJ, Department of Labor, and internal investigations.


Pam is a partner in the Vorys Washington, D.C. office and is the head of the litigation practice group in that office. She serves as trialand appellate counsel in complex commercial litigation matters, includingclass action litigation.She representslawyers, financial institutions, broker/dealers, financial professionals,directors and officers, technology professionals, fiduciaries, insurers and other professionals. Pam serves as coverage and litigation counsel for insurers. She represents businesses in intellectual property, financial services, employment and other corporate litigation. She advises law firms andlawyers on management issues, employment issues and ethics matters. Pam has extensive experience supervising and managing complex commercial litigation involvinge-discovery.