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Financial Services Technology 2020: Avoidance of Risk


Speaker(s): James Paine, John Rogers, Mark Melodia, Mark W. Heaphy, Patrick Jones, Rashmi Chandra, Samantha J Himelman
Recorded on: Apr. 7, 2020
PLI Program #: 277842

Mark Heaphy is the chair of Wiggin and Dana's Technology and Outsourcing Group and Co-Chair of the India Practice Group.  His practice focuses on all aspects of the sourcing and procurement process, from initial RFP through implementation and beyond.  Mark has broad experience across a variety of industry sectors, including financial services, healthcare, insurance, life-sciences, manufacturing, telecommunications and utilities.

Mark helps clients structure, negotiate and document domestic, near-shore and off-shore, commercial relationships related to complex, global, outsourcing strategies and the development, distribution, customization, implementation, support and management of technology solutions.  He has represented hundreds of customers and suppliers in sole-sourced and competitively-bid, sourcing transactions, including business-process and information technology outsourcing arrangements, software licensing and distribution transactions, technology development and systems integration agreements, software support and other professional services transactions, joint ventures and strategic alliances, cross-border technology transfers and electronic commerce and other internet-related matters.

Mark routinely assists clients in diverse industries navigate rapidly-evolving, domestic and international, privacy and security regulations, including HIPAA, GLBA and the EU Privacy Directive.  He frequently lectures on legal topics related to outsourcing, licensing and privacy issues and serves as an adjunct professor at the Quinnipiac School of Law, where he teaches computer law and the law of cyberspace.

Mark graduated Phi Beta Kappa from the College of William and Mary with a Bachelor of Arts degree in philosophy and international relations.  He earned a Master of Arts degree in international relations from Yale University and a Juris Doctor degree from the University of Virginia School of Law.  He is a member of the American Bar Association's sections of International Law and Practice, Intellectual Property Law, and Science and Technology.


Mark Melodia is a privacy, data security and consumer class action defense lawyer in Holland & Knight's New York office. Mr. Melodia focuses his practice on governmental and internal investigations, putative class actions and other "bet-the-company" suits in the following areas: data security/privacy, mortgage/financial services and other complex business litigation, including defamation.

Mr. Melodia has defended more than 80 putative class actions – including as lead defense counsel in multiple multidistrict litigations (MDLs) – arising from alleged consumer privacy violations, data incidents and allegations of data misuse. He routinely represents clients responding to government privacy investigations before the Federal Trade Commission (FTC), Office for Civil Rights, state attorneys general and the U.S. Department of Justice (DOJ). He has guided clients in a wide range of industries through several hundred data incidents over the past dozen years. He advises clients on their obligations and helps them operationalize the requirements of General Data Protection Regulation (GDPR) as well as federal and state laws in the U.S. He consults with boards and executive teams on these issues.

Mr. Melodia has been an instructor of Information Security Law in the Chief Information Security Officer (CISO) Executive Education and Certification Program at Carnegie Mellon University's Heinz College, as well as a guest lecturer at Seton Hall Law School and New York University School of Law.

Mr. Melodia served as a law clerk for the Honorable Timothy K. Lewis of the U.S. District Court for the Western District of Pennsylvania.


James Paine is an Atlanta business attorney who focuses his national technology transactions practice on information
technology and business process outsourcing matters, enterprise resource planning (ERP) licensing, implementation
and support, cloud solutions, including software as a service (SaaS), platform as a service (PaaS) and infrastructure
as a service (IaaS), and other technology transactions. In addition, he has experience with marketing and e-commerce
arrangements, technology transition services agreements, information technology (IT) licensing and commercialization
transactions, joint ventures and strategic alliances, and other large commercial contracts.

Mr. Paine advises clients on a broad range of strategic information technology and business process outsourcing
arrangements, including IT infrastructure operations and support, application development and support services, IT
help desk and desktop support, co-location and managed network services. Mr. Paine also handles strategic business
process outsourcing arrangements, including outsourcing of finance and accounting services, benefits and human
resources administration, procurement supply chain and logistics, customer relationship management, call center
operations and back office support.

In addition, Mr. Paine has handled engagements in the United States, Canada, South America, Australia, EU, India,
Mexico, India, Philippines and China.

Prior to joining Holland & Knight, Mr. Paine was a corporate attorney for an international law firm in its Atlanta office.
Previously, Mr. Paine served as corporate counsel of information technology and data privacy for The Home Depot.


John Rogers is the Chief Information Security Officer (CISO) for MSCI, a leading provider of financial markets data for the investment community. In this role, John is responsible for all aspects of Information Security, Privacy, and Business Continuity / IT Disaster Recovery Planning.   

Prior to joining MSCI, John spent three years at BNP Paribas, a top 10 global bank, as its CISO for the Americas region. Prior to his role at BNP Paribas, John worked in a variety of consulting firms as a cyber security expert. While his consulting experience primarily focused on clients in the financial sector, he also worked in other industries including technology, retail, higher education, and non-profit.  Before joining the consulting industry, John worked as an information security specialist at Bank of America.

John holds a Bachelor of Science in Electrical Engineering from Purdue University and has held numerous certifications, including CISSP, Series 99, PCI QSA, and CRMA. John has also devoted time to helping others learn more about cyber security, demonstrated through his five years of volunteer experience as the President of the ISSA Charlotte Chapter and his participation in numerous cyber conference discussions over the years.


Patrick R. Jones is Vice President, Associate General Counsel for Fidelity Investments in Boston, MA.  He is co-lead for the Legal Department’s Transactional Center of Excellence, which provides core transactional support across the enterprise.  His responsibilities include providing support and advice to all Fidelity business units on technology and licensing agreements, strategic partnerships and global technology law issues.  Mr. Jones also provides guidance on trademarks, patents, copyrights, trade secrets, social media law, privacy and data protection, intellectual property dispute resolution, and information security. Mr. Jones has extensive experience in cloud computing transactions and data and information licensing.  He provides substantive and educational support for Fidelity’s procurement team and is the author of Fidelity’s vendor contracting standards.


Rashmi Chandra brings over two decades of experience as a technology and intellectual property transactions lawyer. In her last position she served as Executive Director and Head of the Intellectual Property/Information Technology law practice group at Aetna Inc., one of the nation’s premier provider of health care, dental, pharmacy, disability insurance. As the lead IP counsel, Rashmi played a strategic role a number of pioneering initiatives including Aetna’s launch of an Enterprise Digital Accessibility policy and a Digital Accessibility center, establishing a Patent Center of Excellence, and overseeing all legal and strategic enforcement and maintenance issues relating to the Aetna enterprise and its subsidiaries’ intellectual property assets, brand counseling, media, technology and software legal issues. 

Prior to her inhouse career, Rashmi spent eight years in private practice as an IP and Technology Transactions lawyer at Kirkland & Ellis (Chicago office) specializing in technology and business process outsourcing and other IP transactions.

Rashmi has served as a faculty member with the Practising Law Institute since 2015 speaking regularly on the Legal Risks of Social Media and other IP-related topics. She recently served as a faculty member with Harappa Education in India for their course: Speaking Effectively and will be a guest lecturer at the University of Connecticut School of Law IP Clinic. Rashmi serves as President and is on the Board of Directors for the South Asian Bar Association of Connecticut. 


Samantha is a Director and Senior Counsel at BNP Paribas, where she heads the IP and Technology Legal team for the Americas. Samantha counsels BNP on a variety of issues including cybersecurity, data protection, privacy, intellectual property, and emerging technology. Prior to joining BNP in 2015, Samantha was an associate at Simpson Thacher & Bartlett in their IP group.