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California Privacy Law 2019


Speaker(s): Annie Sun, Christopher R Nalevanko , Jeffrey Tsai, Melody Drummond Hansen, Randall W. Edwards, Scott Pink, Stacey D. Schesser, Thomas P. Brown
Recorded on: Sep. 26, 2019
PLI Program #: 283706

Annie Sun is the Chief Privacy Officer and Assistant General Counsel at Castlight Health.  Castlight provides a healthcare navigation and wellness platform to its users.  Annie is the lead counsel for Castlight’s Product team and leads the global privacy compliance program at Castlight.


Christopher Nalevanko is the head of legal and Head of IP Strategy at Zoox, an autonomous mobility company in the Bay Area.  Before joining Zoox, Chris worked at Amazon as a Senior Corporate Counsel, where he handled intellectual property, employment, open-source, IP-related license and agreement negotiation, and technology issues for AWS. Before Amazon, Chris was a partner at Kirkland & Ellis, where he handled IP litigation matters along with other litigations involving contract and confidential information disputes. He also spent time clerking for the Honorable Alvin A. Schall at the Court of Appeals for the Federal Circuit. 


Jeff Tsai represents companies in complex civil and criminal enforcement matters brought by state and federal regulators.  He helps lead DLA Piper's efforts nationally in representing companies subject to investigative scrutiny by individual and multistate attorneys general.

Jeff's state attorneys general practice focuses on investigations and enforcement actions on issues that range from consumer protection (unfair/deceptive trade practices) to antitrust to healthcare. His representations include companies in many of the industries that have been the subject of recent state attorney general enforcement, including e-commerce, daily fantasy sports, travel/hospitality and online higher education.

Jeff also actively defends white-collar matters in investigations and trials, including representations involving trade secret theft and economic espionage, complex frauds, and public corruption. An experienced trial lawyer, Jeff has tried more than 20 federal trials and argued multiple federal appeals, including one that became the subject of a non-fiction book and television documentary program. He recently served as first-chair counsel in one of the few federal criminal trade secret prosecutions to proceed to trial in the United States.

Jeff brings to the table years of experience in federal and state government. His most recent service was as special assistant attorney general of California, in which he was the principal advisor to former Attorney General Kamala D. Harris on policy issues related to criminal justice, corporate accountability and intellectual property enforcement and supervised high-profile enforcement actions involving California's False Claims Act, Unfair Competition Law, environmental regulations and campaign finance laws.

In the federal government, Jeff served as an assistant US attorney and deputy chief at the US Attorney's Office in Miami and senior counsel to a former Assistant US Attorney General for the Justice Department's Criminal Division. He was also a corruption prosecutor in the Justice Department's specialized Public Integrity Section, where he prosecuted and tried a former U.S. senator and candidate for president for violations of federal campaign finance laws in the Middle District of North Carolina.

He started his career as a judicial law clerk for US District Judge Vanessa D. Gilmore in Houston. A native Texan, Jeff received a law degree from Georgetown University. He earned an undergraduate degree from the University of Texas at Austin, where he was elected student body president.


Melody Drummond Hansen is an Intellectual Property and Technology Partner in O’Melveny’s Silicon Valley office. An experienced litigator, Melody has tried cases in federal and state courts, the US International Trade Commission, and the US Patent & Trademark Office. With over a decade of experience in technologies from cameras and streaming video to voice recognition and autonomous vehicles, she thrives at the frontiers of technology and law. Melody guides established market leaders and emerging companies alike through patent, data security, trade secret, privacy, copyright, trademark, contract, and unfair competition matters, and helps them overcome regulatory hurdles. Melody has litigated and advised clients in matters involving diverse technologies including avionics, mobile telecommunications standards, networked devices, internet content delivery architectures, semiconductors, secure payment processing, and consumer products, with experience in both hardware and software.

As Chair of the firm’s Automated & Connected Vehicles Industry Group, Melody is a thought leader in the developing law for autonomous vehicles, and she advises companies on litigation risk, data security and privacy, regulatory compliance, and state and federal agency investigations. Melody has been quoted and published on autonomous vehicles in publications including CNNThe Recorder, and Law360. She also is a member of the Editorial Board of The Journal of Robotics, Artificial Intelligence & Law.


Randall Edwards is a litigation Partner in O'Melveny's San Francisco office. He is a founding member of the Financial Services practice group, as well as being part of the Class Action, Mass Torts, and Insurance Litigation practice group. Randall's practice focuses on complex civil litigation, including class-action and other aggregated litigation for financial services companies and product manufacturers. Randall has extensive experience with matters involving California's Unfair Competition Law and has lectured on UCL-related issues as well as other topics.

  • Represented Visa Inc. in numerous different matters, including class and non-class actions involving data security breaches, enforcement of risk-management programs, and Internet gambling issues, as well as various pre-litigation disputes and litigation involving member banks, merchants, and processors.  These actions have involved numerous claims under California's Unfair Competition Law.
  • Represented Ford Motor Company in several multi-million member class-action lawsuits brought under California's Unfair Competition Law and other consumer protection laws, including two class actions that went to trial and another that settled on the last business day before trial
  • Represented eBay Inc. in defending multiple class actions, including an antitrust challenge to eBay's practices and fees with respect to eBay sellers and a challenge to eBay subsidiary Bill Me Later's practices with respect to certain consumer lending activities.
  • Represented several leading mortgage lenders and servicers in federal and state class actions, including Multi-District Litigation Proceedings involving challenges to loan-origination and servicing practices.
  • Represented companies involved in marketing, valuation, and mergers and acquisitions of private companies in defending class action challenges alleging primary and secondary liability.
  • Represented and advised leading mortgage insurer in connection with class-action litigation and other proceedings involving allegations about the mortgage servicing practices and insurance coverage disputes.
  • Served for over two years as national coordinating counsel jointly for two of nation's largest and most recognizable companies regarding pre-trial strategy related to silica litigation.
  • Represented leading consumer goods company in a series of related class actions under state consumer-protection statutes related to marketing and sales practices.
  • Represented three inventors in multi-million-dollar state-court litigation related to alleged trade secret misappropriation, unfair competition, breach of contract and other claims arising from the individuals' invention of a multiple file-format digital camera. The case resolved favorably shortly after trial began.

Education
Northwestern University, J.D., 1995: cum laude; Associate Articles Editor, Northwestern University Law Review
Yale University, B.A., Economics, 1992: cum laude
Law Clerk, Honorable Charles E. Wiggins, U.S. Court of Appeals, Ninth Circuit
Admitted to Practice, U.S. District Court for the Central, Eastern, and Northern Districts of California; U.S. Court of Appeals, Fifth and Ninth Circuits


Scott Pink, a former general counsel for a major media company, brings an insider’s perspective to his broad-based practice. It’s what’s made him the lead outside advertising and marketing counsel to several well-known brands, and a sought-after resource on intellectual property, privacy and cybersecurity issues.

He advises technology, media, entertainment and a variety of consumer product and franchise companies on issues of intellectual property counseling; social media law; cybersecurity and privacy; and advertising, marketing, and promotions law.

Scott had led many privacy and security compliance initiatives worldwide for clients, including GDPR compliance, HIPAA compliance audits, compliance with financial security regulations (NYDFS) and security audits for cryptocurrency and blockchain companies. He is a thought leader on GDPR issues, having published articles in Cybersecurity Law Report and speaking at conferences hosted by the International Association of Privacy Professional.

Scott also has extensive experience in technology related transactions and other legal issues in the life science field. He has represented cutting edge life science, biotech and nutritional supplement companies on privacy and security policies and issues, product development agreements, tech transfer agreements with Universities, agreements with health care providers, collaboration agreements, patent licenses, marketing agreements, materials transfer agreements, manufacturing agreements,  marketing agreements and marketing compliance.


Thomas Brown is a partner in the Antitrust and Competition and the Global Banking and Payment Systems practices. He is based in the firm’s San Francisco office.

Mr. Brown’s practice focuses on competition law and legal issues affecting the financial services industry. In addition to strategically advising payment systems and financial services clients across a broad spectrum of regulatory issues, he has litigated notable antitrust cases, including class actions, in the financial services industry for more than fifteen years.

Mr. Brown was Vice President, Senior Counsel at Visa U.S.A. Inc. There he was responsible for managing the aftermath of the settlement in In re Visa Check/MasterMoney Antitrust Litigation, including the dozens of consumer class actions that were filed following the settlement. He was also deeply involved in the company’s transformation from a co-op to a shareholder owned company.

 


Stacey Schesser is the Supervising Deputy Attorney General for the Consumer Law Section’s Privacy Unit of the Office of the California Attorney General.  She began her career at the Attorney General’s Office in January 2007 in the Criminal Division, and was hired as one of the first deputies into the newly formed Privacy Unit in 2012.  She has also served as a staff attorney for the Third Circuit Court of Appeals in Philadelphia, and was a law clerk in the San Francisco District Attorney’s Office’s Hi-Tech Crimes Unit.  Stacey is a graduate of University of California—Berkeley School of Law, where she wrote on privacy law issues for the California Law Review and a participant in the Samuelson Law, Technology & Public Policy Clinic.  Before attending law school, Stacey was a grassroots organizer for two non-profit organizations in Washington, DC.