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Advanced Data Privacy, Cybersecurity and TCPA Class Action Litigation 2020


Speaker(s): Ann Staggs, Brad Serwin, Francoise Gilbert, Hon. James L. Robart, Hon. Laurel Beeler, Hon. Virginia A. Phillips, Hon. Yvonne Gonzalez Rogers, Ian C. Ballon, Leonard T. Nuara, Michael Rhodes, Rosemarie T. Ring, Scott A. Kamber, Sheila Jambekar
Recorded on: Jan. 13, 2020
PLI Program #: 277977

Brad Serwin is Glassdoor’s general counsel responsible for overseeing all legal matters globally. Previously, Brad served as senior vice president/deputy general counsel of eBay Inc., where he was responsible for all legal affairs for eBay.com and its affiliated sites as well as all litigation and non-patent IP matters. Brad has served as general counsel at several hyper-growth companies spanning the technology, hospitality and gaming industries, including Playdom, which was acquired by The Walt Disney Company, Dean & Deluca, Las Vegas Sands Corp., and Ticketmaster. Brad received his J.D. from Harvard Law School and holds a bachelor’s degree in business economics from the University of California, Los Angeles.


Chief Judge Phillips was appointed to the United States District Court for the Central District of California by President Clinton on November 15, 1999, and became Chief Judge in 2016.  She was a Magistrate Judge in the Central District from 1995 until 1999, and served on the California Superior Court for four years before joining the federal bench. 

Judge Phillips graduated magna cum laude from the University of California, Riverside and received her law degree from the University of California, Berkeley (Boalt Hall).  After law school she practiced civil litigation with the firm of Best, Best & Krieger in Riverside, California, becoming a partner in 1988.

She served on the Ninth Circuit Jury Trial Improvement Committee from its formation in 2002,  and was appointed Chair of the Committee in 2008.  She currently serves on the Ninth Circuit Judicial Council, and the Ninth Circuit Ad Hoc Committee on Workplace Environment.  She is the co-author of Federal Civil Procedure Before Trial (TRG 2019).  During her tenure on the District Court, she has presided over a wide range of criminal and civil cases, including Log Cabin Republicans v. Donald H. Rumsfeld, et al., challenging the "Don't Ask, Don't Tell" policy for military service by gay and lesbian servicemembers; Celador International v. Walt Disney Co., et al., a dispute over the profits generated by the U.S. version of "Who Wants to be a Millionaire?"; and Trauth, et al., v. Spearmint Rhino, a class action dispute over the employment rights of workers in the defendant clubs.


Francoise Gilbert, CEO of DataMinding, is one the world’s top legal experts in the areas of privacy and data security compliance, data governance, and risk management. She is the primary author and editor of the law treatise "Global Privacy and Security Law" (2 volumes, 4, 000 pages; Wolters Kluwer publisher) which covers in depth the privacy and data protection laws of 68 countries on all continents.

Ms. Gilbert received the 2019 Vanguard Award (California Lawyers Association) in recognition of her pioneering work in the area of data privacy and security law.  She has received numerous accolades from her peers acknowledging her thought leadership in identifying and addressing the unique privacy and data security legal issues raised by emerging technologies, including recognitions by the National Law Journal as “Privacy & Cybersecurity Trailblazer”, and by Best Lawyers as a “San Francisco Best Lawyer of the Year” in the area of Data Protection. She currently focuses her research and analysis on the myriad privacy, security and ethical issues raised by the use of Artificial Intelligence (AI) and Internet of Things (IoT) technologies.

In her private practice, she assists clients in anticipating their data security, privacy, and information management obligations, and in addressing these obligations in the context of their business and revenue objectives. Projects include, among others, framing and designing disclosures and compliance programs to meet the most recent legal developments, such as the California Consumer Protection Act (CCPA), or the European General Data Protection Regulation (GDPR); structuring Data Protection by Design and by Default processes in the development of new products; or implementing practical structures to address global operations and cross-border data transfer restrictions.


Judge Gonzalez Rogers was born in Houston and raised in San Antonio, Texas.  She left Texas and matriculated at Princeton University graduating cum laude in 1987.  She received her J.D. from the University of Texas, Austin in 1991 but completed her final year of classes at the University of California, Berkeley School of Law.  Judge Gonzalez Rogers spent her legal career litigating with Cooley LLP in San Francisco as an associate, equity partner, and special counsel in the litigation department specializing in business and real estate litigation.  In 2003, she re-focused on raising her three children and volunteering in Alameda County raising funds for a local school district, conducting investigations of local governmental agencies through the Civil Grand Jury, and serving as a pro tem judge.

In 2008, Governor Arnold Schwarzenegger appointed her to fill a vacancy as a Superior Court Judge for the State of California in Alameda County.  In 2010, she was elected as the first state court judge to the Council of the American Law Institute.  She has worked on projects related to Privacy, Employment, and Unjust Enrichment.  She also chaired the Membership Committee for six years.

On November 21, 2011, Judge Yvonne Gonzalez Rogers received her commission from President Barack Obama to serve as a Federal District Court Judge for the Northern District of California and took the oath of office on November 28, 2011.  She is the first Latina to occupy that role.  She currently chairs the Northern District's Committee charged with administering the Criminal Justice Act as it relates to indigent defense and has sat by designation on the Ninth Circuit Court of Appeals. 

In her capacity as both a state and federal judge, she has presided over thousands of civil and criminal cases and over a hundred trials, including patent and intellectual property.

In addition to her judicial duties, Judge Gonzalez Rogers served on the Board of Trustees for Princeton University from 2014-2018.  Currently, she serves a Board member of the Northern District Chapter of the Association of Business Trial Lawyers and on the Advisory Council for the Law Academy based in Oakland, California.


Judge Robart became a United States District Judge for the Western District of Washington in June 2004.  Prior to his appointment, he was with Lane Powell in Seattle for 32 years where he served as Chair of the Litigation Department and Managing Partner.  He graduated from Whitman College (B.A. 1969) and Georgetown University Law Center (J.D. 1973). 

Judge Robart has presided over several notable civil and criminal cases. His opinion in Simmonds v. Credit Suisse, construing the statute of limitations for Section 16(b) of the Securities and Exchange Act of 1934, was reversed by the Ninth Circuit, but adopted by the United States Supreme Court in an 8-0 opinion.  He is the judge in United States v. City of Seattle, overseeing a consent decree involving an overhaul of Seattle Police Department practices and procedures.  He also authored Microsoft Corp. v. Motorola, Inc., which is the first court opinion in the United States setting reasonable and nondiscriminatory (“RAND”) rates for standard essential patents. 

Judge Robart served on the Organizing Committee and the Board of Governors for the Federal Circuit Bar Association and is a Fellow of the American College of Trial Lawyers. 


Michael Rhodes, global chair of Cooley's cyber/data/privacy and internet practice groups, pairs his deep domain expertise with years of courtroom experience in handling the most challenging matters for leading technology companies. His experience spans intellectual property litigation of all types, privacy and data breach class actions, and high-profile trial engagements. Mike has formerly served in numerous management roles for the firm over the past two decades, including as the chair of the firm's national litigation department and member of its management committee.

Mike represents technology and internet companies in matters involving patents, copyrights, trade secrets and trademarks for clients such as Facebook, OculusVR, Google, DISH, Motorola, eBay, Nintendo, NVIDIA, ServiceNow and LinkedIn. He also has a leading privacy practice, having handled multiple privacy class actions for Google, Facebook, Instagram, Snap (Snapchat), Niantic (Pokémon Go) and Twitter. Mike also has an extensive class action practice outside the privacy area, involving eCommerce, internet advertising, copyrights, consumer rights, online payment processing, the California Auction Act, the California Credit Card Act and RICO.


Rosemarie Ring is a litigation partner in the San Francisco office of Munger, Tolles & Olson LLP.

Ms. Ring’s practice focuses on complex commercial litigation with an emphasis on privacy and consumer class actions and intellectual property disputes. She has represented technology companies in litigation and government investigations involving a wide variety of products and services, including online social networking, streaming digital media, mobile devices, software, cloud platforms, computers, gaming consoles, and various telecommunications services. Ms. Ring also counsels clients on compliance with federal and state privacy laws and is a frequent speaker on these topics.

In 2016, Ms. Ring was named among California’s “Top Women Lawyers” by the Daily Journal. She also was named to The Recorder’s “Women Leaders in Tech Law” list for five consecutive years (2013-2017). 

In addition to her class action and IP practice, Ms. Ring has developed a fashion law practice, representing companies such as Ermenegildo Zegna, Yves Saint Laurent and Versace in litigation and counseling on a range of issues, including privacy and IP enforcement programs for trademark and patent portfolios.

Ms. Ring also has an active pro bono practice and is committed to local legal and community organizations. Currently, she is co-counsel with the ACLU in a lawsuit against the Department of Defense challenging its policy excluding women from combat service. She also serves on the board of directors for the Legal Aid Society Employment Law Center of San Francisco and The Center for WorkLife Law at UC Hastings College of the Law and was a founding board member of the Bay Area Lawyer Chapter of the American Constitution Society. Ms. Ring also served as a volunteer attorney in the San Francisco District Attorney’s Office where she prosecuted several jury trials to verdict.

Prior to joining the firm, Ms. Ring was a law clerk to Judge Richard A. Paez on the United States Court of Appeals for the Ninth Circuit. Before attending law school, she worked as a consultant with Accenture and served as a White House intern for then-Chief of Staff, Leon Panetta.


Scott A. Kamber is the founding member of KamberLaw, the leading plaintiffs’ firm to focus on individual rights in the digital age.  Serving a global client base with lawyers across the United States, Mr. Kamber has led the successful resolution of dozens of high–impact litigations, including In re Blue BuffaloLane v. Facebook and in re Flash cookies. Currently, Mr. Kamber leads numerous litigations arising from various web technologies, wrongful use of deep packet inspection technologies, web-centric violations of Lanham Act, website accessibility and the rights of children on the internet. Mr. Kamber has extensive courtroom and trial experience.

Mr. Kamber’s efforts in Internet privacy rights began in the 1990s when he resolved what is believed to be the first Internet privacy case to recover a benefit for impacted class members. His interest in consumer rights and technology extends to new media, and he has led standard-setting litigations and resolutions involving digital rights management software for computer software, video games, and music. Mr. Kamber is a frequent speaker on these issues in the United States and abroad, of note He was a keynote speaker for the IAPP annual conference and a panelist at the International Conference of Data Protection and Privacy Commissioners where he spoke on the topic of coordinating private class actions with government enforcement. 

Mr. Kamber graduated cum laude from the University of California Hastings College of the Law in 1991 where he was Order of the Coif, Articles Editor for the Hastings Constitutional Law Quarterly and a member of the Moot Court Board. He graduated with University and Departmental Honors from The Johns Hopkins University in 1986. He is admitted to practice before the United States Supreme Court, the State of New York and the District of Columbia, as well as the United States Courts of Appeals for the Second, Eighth and Ninth Circuits, and several United States District Courts.

 


Sheila Jambekar (CIPP/US and CIPP/E) is Associate General Counsel and Data Protection Officer at Twilio, a high-growth public communications platform as a service company, with over a dozen locations worldwide and global reach.  At Twilio, Ms. Jambekar built and continues to lead the privacy program.  This has included spearheading the operationalization of GDPR throughout the organization as well as obtaining approval for and overseeing the implementation of Twilio’s Binding Corporate Rules.  In addition to overseeing the privacy program, she also oversees the product compliance and law enforcement response operations functions.  Prior to joining Twilio, Ms. Jambekar was Senior Counsel at Zynga where she advised the company regarding privacy and product compliance, including marketing and promotions legal compliance.


United States Magistrate Judge Laurel Beeler was appointed in 2010. She has presided as a trial and settlement judge over hundreds of civil cases, including intellectual property, employment, civil rights, and commercial disputes.

Judge Beeler was an Assistant U.S. Attorney in the Northern District, prosecuting complex white-collar cases with parallel civil components. She was the Office’s Professional Responsibility Officer and Deputy Chief of the Criminal Division. She was a law clerk to the Honorable Cecil F. Poole, United States Court of Appeals for the Ninth Circuit, and the Civil Appeals Division Chief at the Ninth Circuit’s Office of Staff Attorneys. She trained as a mediator with the Northern District’s ADR Program, the Federal Judicial Center, and Harvard Law School.

Judge Beeler is a member of the Ninth Circuit Magistrate Judge Executive Board, the Ninth Circuit Criminal Case Committee, and the Ninth Circuit Conference Executive Committee. She is one of four national judicial liaisons to the U.S. Department of Justice/Office of Defender Services Joint Electronic Technology Working Group. She chairs the Northern District’s Criminal Practice Committee and implemented the court’s reentry and diversion courts.

Judge Beeler was President of the Federal Bar Association, co-chair of the Lawyer Representatives to the Ninth Circuit, a board member of the Bar Association of San Francisco (“BASF”), and a member of the Ninth Circuit’s Jury Trial Improvement Committee. She is a member of the Executive Committee of the Edward J. McFetridge American Inn of Court. In 2006, Judge Beeler received the Northern District Judicial Conference’s Public Service Award. She was named one of The Recorder’s 2012 Women Leaders in Law.@ She received BASF’s Barristers Choice Award in 2015 and the San Francisco Trial Lawyers Association’s Magistrate Judge of the Year award in 2018.

Judge Beeler taught Civil Trial Practice at U.C. Berkeley School of Law and Criminal Procedure at U.C. Hastings College of the Law. She led rule-of-law projects in Indonesia, Vietnam, Cambodia, the Philippines, Jordan, Ukraine, Turkey, Thailand, and the Philippines.

Judge Beeler graduated with honors from the University of Washington School of Law, where she was Order of the Coif and an Articles Editor on the Washington Law Review. She received her A.B. with honors from Bowdoin College.


Ian C. Ballon is Co-Chair of Greenberg Traurig LLP’s Global Intellectual Property & Technology Practice Group and represents internet, mobile, entertainment and technology companies in defending data privacy, security breach and TCPA class action suits and in other intellectual property and technology litigation. A list of recent cases may be found at http://www.gtlaw.com/Ian-C-Ballon-experience.

He is also the author of the leading treatise on internet and mobile law, E-Commerce and Internet Law: Treatise with Forms 2d edition, the 5-volume set published by West (www.IanBallon.net), which includes extensive coverage of security breach and data privacy issues. In addition, he is the author of The Complete CAN-SPAM Act Handbook (West 2008) and The Complete State Security Breach Notification Compliance Handbook (West 2009). He also serves as Executive Director of Stanford University Law School’s Center for E-Commerce, which hosts the annual Best Practices Conference where lawyers, scholars and judges are regularly featured and interact.

Ian was named the Lawyer of the Year for Information Technology Law in the 2019, 2018, 2016 and 2013 editions of Best Lawyers in America and was recognized as the 2012 New Media Lawyer of the Year by the Century City Bar Association. In both 2018 and 2019 he was recognized as one of the Top 1,000 trademark attorneys in the world for his litigation practice by World Trademark Review. In addition, in 2019 he was named one of the top 20 Cybersecurity lawyers in California and in 2018 one of the Top Cybersecurity/Artificial Intelligence lawyers in California by the Los Angeles and San Francisco Daily Journal. He received the “Trailblazer” Award, Intellectual Property, 2017 from The National Law Journal and he has been recognized as a “Groundbreaker” in The Recorder’s 2017 Litigation Departments of the Year Awards. In 2010, he was the recipient of the California State Bar Intellectual Property Law section's Vanguard Award for significant contributions to the development of intellectual property law (http://ipsection.calbar.ca.gov/IntellectualPropertyLaw/IPVanguardAwards.aspx).

Mr. Ballon was listed in Variety's "Legal Impact Report: 50 Game-Changing Attorneys" and has been named by the LA Daily Journal as one of the Top 75 intellectual property litigators in California in every year that the list has been published (2009 through 2018) and as one of the top 100 lawyers in California. He is also listed in Legal 500 U.S., The Best Lawyers in America (in the areas of information technology and intellectual property) and Chambers and Partners USA Guide in the areas of privacy and data security and information technology. Mr. Ballon also holds the CIPP/US certification from the International Association of Privacy Professionals (IAPP).

Ian can be reached at: Ballon@gtlaw.com, 310-586-6575 or via leading social media platforms (IanBallon).


Lennie is a nationally recognized authority on technology and internet law and co-author of Drafting Internet Agreements, a practical legal treatise with annotated forms on internet and computer law published by the Aspen Publishers division of Wolters Kluwer Law & Business. Lennie formerly was a partner at several prominent law firms and served as the Chair of the Technology & Intellectual Property Practice of Thacher Proffitt & Wood, LLP, and was a partner in the Intellectual Property and Technology Practice at Greenberg Traurig, LLP.

Known for his high energy and unique blend of practice-legal knowledge, technology expertise and skills, Lennie serves as trusted advisor to dozens of multinationals and smaller corporates, hospitals and healthcare providers, financial institutions, startups and venture firms across industries including, E-business, retail, hardware and software, communications and energy, frequently involving the development and deployment of breakthrough and best-of-show technologies. His recognized technology law expertise coupled with his IT education and experience gained while operating technology companies provide unique insights that benefit clients who engage Lennie for strategic guidance and counseling.

Lennie also advises clients on privacy, cyber security and compliance. He offers specialized expertise in the creation of dynamic workflows and incident recovery solutions to manage and mitigate risk exposures. Clients engage Lennie regularly as a special counsel or to manage complex litigation in areas requiring his unique skill set and knowledge.

Lennie gained recognition as a “go to” technology expert and problem solver following the tragic destruction of the World Trade Center on September 11, 2001, home to Thacher Proffitt & Wood’s main office. Miraculously, no employees of the firm perished, but the destruction of the Twin Towers resulted in a complete loss of all of the firm's technology infrastructure and backup systems. On that day, Lennie interrupted his practice of law and became the CIO of the firm for the following six months. He was responsible for all decisions for the interim survival and ultimate rebuilding of the firm's technology infrastructure, including: equipment specification and acquisition, conversion of the firm's applications palette; extensive outsourcing of such IT functions as help desk and infrastructure management. The experience of losing everything, rebuilding everything from scratch, being the buyer instead of “representing the buyer” has given Lennie valuable insights that inform his practice even today. He has published and spoken on the lessons that he learned from this experience at seminars throughout the U.S. and Europe.

Prior to joining Flatiron, Lennie was Chief Operating Officer and General Counsel for ICF Mercantile, a technical textile distributor of medical, aerospace and construction yarn where he managed the transformation from a distribution to manufacturing business in a new state of the art manufacturing, research and development center. While at ICF he was responsible for all aspects of business operations, legal and IT, including creating the financial and production models to support the financing for transition; negotiations of the lease, construction, engineering, and architectural services agreements; and on-site management of construction resulting in an on-time and on budget startup.

Before ICF, he was the co-founder, President and Chief Operating Officer of Tera Group and TeraExchange. Lennie and his co-founder developed and managed the strategic evolution of the first and only multi-asset, Central Limit Order Book and RFQ based Swap Execution Facility and multi-asset execution management system from inception into a Dodd Frank Act - CFTC regulated institutional exchange for cleared derivatives, equities, futures, fixed income and options markets. Derivatives assets include IRS, CDS, NDF, and the first regulated Bitcoin derivative based on the TeraBit Bitcoin Price Index. While at Tera he managed the firm's operation including fundraising, client/investor presentations and relationships, operations, legal, regulatory, financial, marketing, business development and technology development and implementation.

An experienced commercial litigator, Lennie has handled high-stakes disputes in involving IP infringement, engineering and construction, IT systems and Internet businesses, including the successful resolution of several multi-hundred million dollar matters.

With over 250 articles and presentations, Lennie is one of the most sought-after lecturers in the country on Technology, Internet Law, Cybersecurity, Privacy, Cloud Computing, Social Media, Intellectual Property, Licensing, Techno-Entertainment, Negotiations, Identity Theft, Technology and Intellectual Property Litigation, E-Discovery, Online Child Safety and Law Practice Management.


Senior counsel with over 12 years combined of in-house and at law firm experience supporting business and product teams across organizations at innovative start ups to global organizations. Worked in the financial services and tech space as a trusted partner. In depth background developing practical solutions to complex problems with international privacy, cybersecurity, data use, consumer protection, regulatory, marketing, commercial, operationalizing privacy programs, privacy by design, training, investigation, audit, and litigation issues. 

Highlights:
International privacy program (GDPR, e-Privacy, COPPA, PIPEDA, CASL, CAN-SPAM, FTC Act UDAAP, GLBA, TCPA, FCRA, HIPAA, NYDFS, CCPA, BIPA), AI, machine learning, facial recognition, authentication, validation, biometrics, big data, data governance, consumer protection, compliance, vendor management, commercial contracts, data protection agreements, partnerships, payments, cybersecurity, IoT, analytics, data science, anonymization, anti-spam/marketing, e-commerce, innovation, ride sharing, APIs, data technology products and services, start-ups, third party management, training, global privacy program management, risk assessments, privacy impact assessments, process/policy/procedure development, licensing, M&A, integration, data subject rights, subject access rights, international data transfers, SaaS, trade secrets, audits, regulatory examinations and investigations, authentication, fraud programs, risk mediation, intellectual property, litigation.