New feature: Customize your PLUS research experience with My Preferences. Learn more.
Skip to main content

Think Like a Lawyer, Talk Like a Geek 2020: Get Fluent in Technology


Speaker(s): Adam Nguyen, Danielle B. Manner, David Ralls, Deborah Winokur, Diana Ashton, Diana J.P. McKenzie, Elise Houlik, Hon. Andrew Borrok, Kenneth A. Adler, Manuel Martinez-Herrera, Mark A. Berman, Peter Brown, Saad Hussain, Sam De Silva, Steven Lofchie, Tracy Pulito, Vivian Maese
Recorded on: Oct. 9, 2020
PLI Program #: 278002

Dr Sam De Silva

Dr Sam De Silva is a Partner in the Technology and Outsourcing practice at CMS Cameron McKenna Nabarro Olswang LLP, based in their London office (pre-Covid!). Sam specialises in complex and strategic IT and telecommunication projects and also regularly advises on data protection, privacy and cyber-security issues.

At an international level Sam is the UK representative on the EU Commission’s Expert Group on Cloud Computing Contracts, the UK representative on the IT Law Committee of the Bars and Law Societies of Europe (CCBE) and on the International Advisory Board of Cyber Rescue Alliance, which is a business assistance alliance helping its members reduce the harm caused by cyber-attacks. Sam is a former Global Board of Trustee for the Chartered Institute of Procurement and Supply (CIPS) and is the former immediate past Chair of the Tech & Sourcing Committee of iTech Law. At the national level, he is the past Chair on the Law Society's Technology and Law Committee (but still a committee member) and a committee member of the EU Committee of the Law Society. Sam is on the Data Law Committee of the City of London Law Society and is on the Board of the Tech Faculty of the Institute of Chartered Accountants of England and Wales (ICAEW). Sam has recently been elected as a Trustee to the BCS, The Chartered Institute for IT and is on the Council of the BCS. Sam was also the Co-convenor on an ISO Working Group which led the development of the first ISO Standard on the Management of Legal Risk and in late 2019 won a prestigious BSI Standards Markers Award in the category of “Representing the UK” for his work on this ISO Standard. Sam is also the Chair of the Legal Special Interest Group at the Institute of Risk Management.

Sam’s considerable experience with the above-mentioned committees and groups provides deep market intelligence which supports clients in their strategic planning and future proofing of projects.

Sam has written and spoken extensively on technology, outsourcing and data protection and is regularly called upon by the industry as a thought leader in these areas. He has been interviewed in the press, radio, webinars and on television. Sam is also one of very few UK solicitors who is a Fellow of CIPS (FCIPS), Fellow of the British Computer Society (FBCS) and a Chartered IT Professional (CITP). Sam has post-graduate degrees in information technology and business administration so is well aware of the commercial, business and technical issues facing both users and suppliers of technology. Sam also has in-house industry legal experience having been seconded to Accenture UK as a Senior Legal Counsel for 9 months. He is recognised as a leading individual in the most recent edition of the Legal 500 and Chambers & Partners directories. Sam is named in the Who’s Who of Information Technology 2020, Who’s Who of Data Privacy and Protection 2020, and the Who’s Who of Data Security 2020 as one of the world’s leading lawyers in those areas of law. In addition, Sam has been listed in Who’s Who Legal: Thought Leaders – Global Elite 2020. As well as being a qualified English law solicitor, Dr De Silva is also a Barrister and Solicitor of the High Court of New Zealand and a Solicitor of the Supreme Court of New South Wales, Australia.

 


Elise Houlik is Senior Vice President and Assistant General Counsel on Mastercard’s Privacy and Data Protection legal team.  Based in the company’s Global Headquarters in New York, Elise is the company’s Privacy Lead for the North American and Latin American & Caribbean markets.  She manages a cross-functional team of lawyers responsible for ensuring privacy and data protection compliance while advancing business innovation utilizing a privacy by design methodology.  Her team is directly engaged in product development processes for the company’s digital partnerships, open banking, commercial, marketing, and enterprise partnerships divisions on a worldwide basis.  Elise further oversees detailed analysis of emerging data protection laws, regulations and policies across the globe, counseling teams on the impact the changing privacy regulatory environment has on the company and its strategic objectives.

Elise formerly served as Mastercard’s Vice President and Senior Managing Counsel for Privacy and Data Protection in North America.  She previously held the role of Associate General Counsel at Fannie Mae in Washington, D.C., acting as the company’s Lead Privacy & Cybersecurity counsel for several years. 

Active in the greater privacy community, Elise is on the Leadership Council of the Sedona Conference’s Working Group 11 (Data Security & Privacy Liability).  She is Senior Editor of the group’s first publication, the Data Privacy Primer.  In Washington, D.C., Elise served as Co-Chair of the International Association of Privacy Professionals (IAPP) Washington, DC KnowledgeNet Chapter.

Elise received a juris doctor from George Washington University Law School after completing her bachelor of arts studies in English at Johns Hopkins University.  She is a Certified Information Privacy Professional (CIPP-US) and is admitted in the State of Maryland, the District of Columbia, and as In-House Counsel in the State of New York.


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.  


Peter Brown has focused on technology law matters in national law firms and boutiques for over 25 years. He is currently the principal of Peter Brown & Associates PLLC, a New York boutique law firm concentrating in information technology, intellectual property and arbitration.

“The Best Lawyers in America” ® publication honored him as the “Lawyer of the Year” in Information Technology Law 2018 for New York City.

Mr. Brown has experience in a wide variety of litigations and arbitrations relating to the Internet, information technology and intellectual property. He regularly appears in both federal and state courts throughout the United States. In addition, Mr. Brown has acted as an arbitrator or mediator in over 70 matters involving IT and IP disputes.

Throughout his career he has drafted and negotiated a broad array of agreements relating to the Internet, outsourcing, cloud computing services, application software, Internet apps and e-commerce.  He has prepared these agreements for domestic businesses and international companies.

Mr. Brown co-authored the leading treatises Emerging Technologies and the Law and Computer Law. He also co-authors a monthly column on Information Technology Law for the New York Law Journal.

Mr. Brown is regularly featured as a speaker at the International Technology Law Association, local bar associations and other professional organizations in the US and abroad. He frequently speaks on the topic of artificial intelligence, IT and IP.

The Best Lawyers in America 2019 edition (affiliated with U.S. News & World Report), rated Peter Brown & Associates PLLC a First Tier National Technology Law firm. Chambers USA, New York Metro Superlawyers and other ratings organization have all given Mr. Brown high ratings in the fields of IT and IP. For further information see www.browntechlegal.com


Vivian Maese focuses her practice on strategic and corporate transactions with an emphasis on technology, intellectual property, data, trading, regulation, and compliance. Vivian provides counsel on matters at the intersection of financial services regulation and technology, as well as on technology innovations in financial services such as blockchain, crypto assets, and artificial intelligence. She also advises clients on the implementation of digital transformation projects and on the monetization of data and intellectual property.

Before private practice, Vivian served as general counsel of BIDS Trading, a financial services consortium for equities trading, where she provided oversight on legal issues involving U.S. cash trading and market data for the New York Stock Exchange. As managing director and general counsel of technology at Salomon Brothers/Citigroup, she was the lead lawyer on many corporate transactions and technology initiatives, including the Fulcrum Project, which transformed electronic trading on Wall Street.

Vivian earned a Band 1 ranking in the Chambers FinTech 2020 guide for Corporate, Securities & Financing. She was also named to The National Law Journal’s inaugural list, Trailblazers – Cryptocurrency, Blockchain, and FinTech, which recognized lawyers who have “moved the needle in facilitating new technologies and digital currencies.”

In 2018, Vivian was named Humanitarian of the Year by the Hope for a Healthier Humanity Foundation, which provides resources to cultivate better health care in underdeveloped nations.


Adam Nguyen is a co-founder of eBrevia, a leading enterprise contract analysis software company that applies machine learning to more quickly and accurately extract key information from unstructured data. Adam also founded Ivy Link, an education advisory firm serving families in New York, London and the Middle East. Before Ivy Link, Adam was the Chief-of-Staff and Legal Officer of Vantage Properties, a 350-person real estate investment and management firm. Adam had practiced law at the law firms of Paul, Weiss and Shearman & Sterling, where he focused on private equity, hedge fund formation, and mergers and acquisitions — as well as at AQR Capital Management, a multi-asset investment management firm. He was a law clerk to the Hon. Judge Faith Hochberg, US District Court, NJ. Adam holds a B.A. in Economics and Political Science from Columbia and a J.D. from Harvard Law School.     


Danielle Manner has been Senior Privacy Counsel in Pfizer’s Global Privacy Office for the past nine years.  She is a strategic privacy thinker who advises all brands and business units on privacy issues at Pfizer on a global scale.  She also manages and oversees various aspects of Pfizer’s global privacy program and provides risk-based advice to senior management and business clients on data privacy issues to enable innovation.

Prior to joining Pfizer, Danielle worked as a data privacy and information security consultant at IBM with a focus on pharmaceuticals and healthcare.  Early in her career, Danielle was an attorney with Womble Carlyle Sandridge & Rice, LLP (now Womble Bond Dickinson), counseling clients on a wide variety of state, U.S., and international privacy and data security matters.   She was also a member of Womble’s Telecommunications Group, and worked closely with other practice areas to establish the first dedicated Privacy Practice Group in 2008.

Danielle holds a J.D. from the Catholic University of America, Columbus School of Law and an undergraduate degree in International Economics and Political Science from the University of Richmond.   She is CIPP certified and currently serves on the Board of Directors of the Association of Corporate Council, New York City Chapter and is the Vice President of Sponsorship.  She previously co-chaired the ACC-NYC Women and Gender Spotlight Group from 2018-2019.


David Ralls is Vice President, Senior Counsel – Procurement, Data Privacy & Social Media for AXA XL in Hartford, CT.  David has global legal responsibility for AXA XL’s insurance and reinsurance businesses with a specific focus on IT contract drafting and negotiation, managing third party risk, data privacy compliance and social media regulation.   David joined XL in January 2009 from Lehman Brothers where he was employed for approximately two years.

Prior to joining AXA XL, David served as Vice President, Deal Manager for Lehman Brothers from 2007-2009.  While in that role, he provided complete contract support for several business lines including Compliance, Audit, Legal, Human Resources, Communications, Marketing & Branding, Fixed Income, Equities and Information Security.

David worked as a Contract Specialist at Otis Elevator prior to joining Leman Brothers.  His primary responsibility involved negotiating legal terms and conditions on elevator construction and maintenance contracts for the Northern Region.  He later took on a leadership role for Otis’ National Account contracts for deals valued in the millions over multiple locations.

Prior to Otis, David worked for Aetna Insurance Company where he assumed several different roles over the course of twelve years before acceptance into Aetna’s Next Generation of Leaders Executive Development Program.

He is a 2001 dual degree graduate of the University of Connecticut School of Law and MBA program.  He received his undergraduate degree in Finance from Bryant University in 1994.   


Deborah A. Winokur serves as Professional Responsibility Counsel and is a member of the Legal Profession Services Group at Cozen O'Connor. Deborah advises clients on risk management and ethical issues.  Deborah is a Lecturer in Law at the University of Pennsylvania Carey Law School where she teaches professional responsibility.  Deborah also handles pro bono representations, including representing clients through the Defender Association of Philadelphia, Campaign for Working Families Tax Clinic, Volunteers for the Indigent Program and Homeless Advocacy Project. Deborah is Co-Chair of the Professional Responsibility Committee and a member of the Professional Guidance Committee of the Philadelphia Bar Association and is an active member of the Pennsylvania Bar Association’s Legal Ethics and Professional Responsibility Committee.  She also conducts Continuing Legal Education seminars on risk management and ethics issues.  Deborah is a 1999 graduate of the Columbia University School of Law, and a graduate, cum laude, of the University of Pennsylvania.


Diana K. Ashton is the General Counsel at Finnegan, Henderson, Farabow, Garrett & Dunner, LLP.  Serving as a resource for firm attorneys, Diana works to provide practical advice and counsel to firm shareholders and senior staff with respect to matters of firm policy, risk management and other professional responsibility areas.  Diana has experience in identifying and analyzing complex legal, regulatory, and business issues and providing appropriate legal guidance regarding applicable legal and professional standards.

Prior to joining Finnegan, Diana provided legal compliance, ethics, and risk management counsel for several large law firms. Her background also includes legislative and redistricting experience while employed with the state of California’s Statewide Database, which is housed at the University of California, Berkeley School of Law.

Diana serves as a member of both the Professional Responsibility and Professional Guidance committees of the Philadelphia Bar Association.

 


Kenneth Adler specializes in complex global and domestic outsourcing and technology transactions. With over 30 years of experience, his practice includes drafting and negotiating all types of outsourcing and technology agreements, including business process and information technology outsourcings. He has significant experience addressing the creation of, and strategies relating to, cloud computing, multi-sourced environments, as well as renegotiation and termination of existing outsourcing and IT related agreements.

Kenneth regularly assists clients with respect to outsourcing strategies, including to near-shore and off-shore destinations, and emerging outsourcing locales. His practice also includes advising clients on data security and privacy matters, and all facets of technology transactions and sourcing, including with respect to e-commerce, information technology, emerging technologies, telecommunications and computer law, and on related intellectual property, privacy and data security issues.

Kenneth represents clients across all industry sectors, including in the financial, insurance, retail, consumer products, healthcare and technology industries in large-scale, complex outsourcing and technology sourcing, licensing and system development and integration agreements. He has completed numerous BPO and ITO transactions, including outsourcings related to infrastructure (including data center, desktop, help-desk, telecommunications and networks), applications development and maintenance, call center, hosting, co-location, claims processing, securities and banking back-office functions, human resources, finance and accounting, logistics, real estate and facilities management.


Mark A. Berman is a partner in the Commercial Litigation Practice of Ganfer Shore Leeds & Zauderer LLP as well as Co-Chair of its Complex Title Litigation Practice. He is a seasoned litigator whose practice focuses on representing domestic and international companies and individuals in complex commercial disputes in courts and in arbitrations on both the plaintiff and defendant’s side with an emphasis on real estate and securities matters, as well as on electronic discovery disputes.  Prior to joining Ganfer & Shore, he was an associate in the litigation department at Skadden, Arps, Slate, Meagher & Flom LLP and clerked for United States Magistrate Judge Michael L. Orenstein for the Eastern District of New York.  He is also a trained mediator.

Mr. Berman has written and spoken on electronic discovery, cybersecurity, ediscovery, professional responsibility and social media issues before the American Bar Association, the New York State Bar Association, the New York City Bar, the New York County Lawyers’ Association, as well as the New York Appellate Divisions and New York State Judicial Institute.  He has been appointed by the Chief Administrative as a member of New York State E-Discovery Working Group advising the New York State Unified Court System.  Since 2005, Mr. Berman has had a column in The New York Law Journal addressing electronic discovery under New York State law. 

He is on the Executive Committee of the New York State Bar Association.  He is co-chair of the Technology Working Group of Chief Judge DiFiore’s Commission to Reimagine the Future of New York's Courts as well as a member of the Working Group on Reopening Law Firms due to the Pandemic.  He is also the Co-Chair of its Committee on Technology and the Legal Profession.  He is also the former Chair of the Commercial and Federal Litigation Section of the State Bar and Co-Chair of its Commercial Division Committee.   Mr. Berman is a member of the Litigation Section of the American Bar Association, and the Federal Bar Council Second Circuit Courts Committee. He is rated “AV” by Martindale-Hubbell and has been selected as a "New York Super Lawyer” for 2008-through the present.  He is a Fellow of The New York Bar Foundation.

Mark Berman designed and taught the first law school course on technology and the law in the United States through a bar association at CUNY School of Law.  Mr. Berman taught a similar course at Syracuse University College of Law in the fall of 2020 and is currently teaching it at Albany Law School.  He has also taught technology classes at the Maurice A. Deane School of Law at Hofstra University.

Mr. Berman is a 1986 graduate of Columbia College and a 1990 magna cum laude graduate of Benjamin N. Cardozo School of Law.


Steven Lofchie, a partner in the Financial Services Group at Cadwalader, Wickersham & Taft LLP, advises financial institutions on regulatory issues and financial instruments. His regulatory practice encompasses the securities laws, the CEA and related bankruptcy issues. His transactional practices focuses on securities credit and derivative transactions.

Chambers USA has ranked Mr. Lofchie in its first band, for seven years running, for both financial services regulation and derivatives, the only lawyer in the country to be top-ranked in both these categories. The 2017 edition of The Best Lawyers in America recognized Mr. Lofchie as Lawyer of the Year for Administrative/Regulatory Law in New York, and U.S. News and World Report ranked him as the best regulatory lawyer in New York for 2014. In 2012, a derivatives transaction developed by Mr. Lofchie was named as the best international structured product of the year by International Financial Law Review. He also was part of the team that was named 2020 Regulatory Team of the Year by IFLR Americas.

Mr. Lofchie is the founder and manager of the Cadwalader Cabinet, an acclaimed legal website that has been endorsed by former Chairpersons of both the SEC and CFTC. See www.findknowdo.com. Subscribers to the website, include government regulators and major buy- and sell-side firms.

Mr. Lofchie received his B.A. from Sarah Lawrence College and his M.B.A. from Columbia Business School, where he was a General Motors Fellow. He received his J.D. from Yale Law School, where he was a member of the Yale Law Journal. He is also a contributor to the Center for Financial Stability, a leading nonpartisan think tank.


Tracy Pulito serves as Assistant General Counsel, Global Privacy at Interpublic Group.  As IPG’s head global privacy counsel her responsibilities include overseeing privacy and data protection compliance for IPG and its advertising and marketing agencies. Tracy drafted her first privacy policy in the Fall of 2000 as a junior associate at Brown Raysman Millstein Felder & Steiner and she began to focus exclusively on privacy and data protection law in 2004.

Currently, Tracy advises IPG and its agencies on global data privacy compliance.  She leads and supervises its privacy program and related policies; works closely with agencies on drafting and negotiating data protection language for client and vendor contracts; continual monitors global regulations and emerging risks; and educates employees on data privacy issues.

Previously, Tracy worked in the Privacy Compliance Office at JPMorgan Chase, and served as Vice President and Deputy Chief Privacy Officer at Starwood Hotels & Resorts Worldwide, Inc. 

Since 2011, Tracy Pulito has served as a privacy advisor to the Department of Homeland Security on its Data Privacy & Integrity Advisory Committee.

 


Diana J. P. McKenzie has a nationwide practice focused on providing practical, efficient and strategic legal advice to clients on significant information technology and outsourcing transactions. Ms. McKenzie has practiced exclusively in information technology law since 1985.  This experience gives her the breadth and depth to offer an unparalleled sophisticated and holistic perspective on her client’s business challenges.  She has extensive experience with issues unique to the health care technology industry.  Ms. McKenzie is a nationally recognized writer and an internationally recognized speaker on technology and electronic commerce law.  She has given over 150 speeches in 50 cities and 14 countries.  Ms. McKenzie’s quotes and writings have been published in the Stanford Journal of Law, Business & Finance, The Licensing Journal, CIO Magazine, ComputerWorld, National Law Journal, and the Computer and Internet Lawyer.  Diana also has a background in computer programming.   She has been selected as one of America’s Leading Lawyers for Business and Technology by Chambers USA, as one of the top lawyers in the U.S.A. in Information Technology Law by The Best Lawyers in America, and as one of the Top 50 Women Lawyers in Illinois by Chicago Magazine. She is a Past President, of the ITechLaw Association and has been a Senior Member of HIMSS since 2002.  Diana currently serves on the Advisory Board of the Technology Association of Georgia, Savannah Chapter.  Ms. McKenzie received a B.A., magna cum laude, from Kenyon College, and an M.B.A. and a J.D. from Emory University.