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California Privacy Law 2020


Speaker(s): Alisa Hall, Daniel Suvor, David T Rudolph, Joel Benavides, Pedro Pavon, Randall W. Edwards, Scott Pink, Sean D. Unger, Stacey D. Schesser, Thomas P. Brown
Recorded on: Oct. 21, 2020
PLI Program #: 283710

Daniel Suvor is an experienced litigator and strategic advisor who specializes in high-stakes litigation, government investigations and controversies, and regulatory matters.  His broad practice encompasses products liability, healthcare, environmental, technology, financial services, and white collar and investigation matters that could appear before government agencies. 

Daniel also represents government agencies in appellate litigation and regulatory counseling matters.  Daniel represents a large public entity on immigration issues and has filed numerous amicus briefs to further the entity’s support of immigrants and local law enforcement priorities.

Daniel previously served as Chief of Policy and Senior Counsel to California Attorney General Kamala D. Harris. In that position, he was a member of the four-person executive team that supervised and operated the 5,000-person California Department of Justice. As Harris’s primary legal policy advisor, Daniel was responsible for developing and executing the Attorney General’s policy initiatives and supervising some of the department’s most complex and high-profile matters, covering healthcare, technology and privacy, criminal justice, civil rights, environmental and consumer law. As a result, he has a deep understanding of the national state attorney general landscape and the best strategies for engagement with AG’s offices.

In 2009, Daniel was appointed by President Obama to serve at the US Department of Health and Human Services (HHS). From 2009-2013, he worked as a litigation attorney for the Centers for Medicare & Medicaid Services and as Special Assistant to the General Counsel of HHS. In those roles, Daniel counseled CMS and HHS on Affordable Care Act implementation, advising on statutory authority and Administrative Procedure Act issues for regulations and guidance documents and served as HHS’ lead agency counsel on dozens of constitutional challenges to the Affordable Care Act, including the NFIB v. Sebelius case.

Daniel later served in the Obama White House as senior director of the White House Office of Cabinet Affairs, where he coordinated logistics, communications and policy between the President and his domestic cabinet agencies (including HHS and the U.S. Department of Justice).

Daniel also maintains an active pro bono practice and is active in several community organizations. Daniel was recently named to the 2019 “40 & Under Hot List” for White-Collar Crime and Product Liability Litigation by Benchmark Litigation. In 2013, he won the national Hispanic Health Leadership Award from the National Hispanic Medical Association and in 2014 was selected by the Huffington Post as one of the 40 Under 40 Hispanics in American Politics. In 2016, he was selected by the American Bar Association as one of the Top 40 Young Lawyers in the United States. In 2017, he was named to Latino Leaders Magazine’s “Top Latino Lawyers”.


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.

 


Alisa Hall is the director of privacy and compliance at eBay. She is responsible for product counseling related work and privacy compliance.


David Rudolph is a member of the firm’s Cybersecurity and Data Privacy and Antitrust and Intellectual Property practice groups. David has extensive experience litigating core technical issues in privacy cases, including In re Anthem, Inc. Data Breach Litigation, MDL No. 2617 (N.D. Cal.), arising from a data breach that affected nearly 80 million of Anthem’s members, and Campbell v. Facebook, Inc., No. 5:13-cv- 5996 (N.D. Cal.), in which Facebook users asserted that Facebook violated their privacy rights by scanning their private email messages.

He has represented end-payor classes in pharmaceutical antitrust litigation, including in the Cipro drug antitrust cases, the Restasis antitrust litigation, and the Generic Pharmaceuticals Price-Fixing cases. In 2017, David was awarded “Outstanding Private Practice Antitrust Achievement” by the American Antitrust Institute for his work on the Cipro case. He also represents plaintiffs in In re Domestic Airline Travel Antitrust Litigation (D.D.C.), a class action lawsuit alleging a conspiracy by United, American, Delta, and Southwest to artificially inflate domestic airline ticket prices by limiting capacity.

David also has extensive experience litigating intellectual property cases. David has both prosecuted and defended patent infringement claims in numerous venues, including federal district courts in California and Texas, as well as before the International Trade Commission. He has litigated cases in diverse technology areas, including internet services, storage virtualization, semiconductor design, and handheld mobile devices. David also has experience representing plaintiffs and defendants in copyright infringement and trade secret matters.

Prior to joining Lieff Cabraser, David litigated high-profile patent and copyright cases at Quinn Emanuel Urquhart & Sullivan. David served as a law clerk for the Hon. Saundra Brown Armstrong, U.S. District Court, Northern District of California.

 


Joel Benavides is Head of Global Legal and Data Protection Officer at Redis Labs, the fastest commercial open source data base software. He has over 20 years of experience in the high technology sector.  Prior to Redis Labs, Joel led data privacy and policy advocacy outreach at cloud content management company Box, focusing on the practical impact of data protection regulation on global data flows.

Joel is Co-Chair of the Enterprise Cloud Privacy Group comprised of the most innovative cloud computing companies and is an executive advisor to various startups in Silicon Valley and abroad. Prior to Box, Joel held leadership positions at VMware and Siebel Systems. He holds a bachelor’s degree from UC Berkeley and a JD from the UCLA School of Law. Joel is fluent in English, Spanish and Portuguese.

 


Pedro Pavon works with top global companies to create, sell, buy, and deploy digital enterprise solutions including cloud (SaaS, Pass, IaaS), artificial intelligence, ad tech solutions, and blockchain. Pedro also work on complex M&A technology transactions and integrations, internal compliance, and risk management.

He especially interested in the tension between privacy and how governments, organizations, and businesses increasingly use structured and unstructured data together with artificial intelligence (ML, Quantum, etc.) to automate and improve processes and services.

Pedro is a frequent speaker and writer on privacy and data security issues related to artificial intelligence, digital advertising, blockchain, and IoT.


Sean Unger is a partner in the Litigation practice of Paul Hastings and is based in the firm’s San Francisco office.

Mr. Unger represents and advises clients in mass torts, class actions, antitrust and competition matters, trade secret cases, and intellectual property disputes in State and Federal courts around the country. His practice emphasizes appellate litigation. He has briefed or argued cases in numerous state and federal courts of appeal. He has represented both parties and amicus before the United States and California Supreme Courts. Mr. Unger has also represented clients in need of post-trial disaster mitigation. He has successfully brought post-trial motions for new trial and motions for judgment as a matter of law, reducing or eliminating multi-million dollar judgments.

Clients have included a broad range of companies, including Andersen Windows, Samsung, Gallo Wineries, GE, LG Display, Babcock & Wilcox, and Quanta Computers.

 


Stacey Schesser is the Supervising Deputy Attorney General for the Privacy Unit in the Consumer Law Section of the Office of the California Attorney General.  Her recent matters include People v. Equifax, People v. Uber, and leading the team in charge of drafting regulations for the California Consumer Privacy Act (CCPA). She began her career at the Attorney General’s Office in 2007 in its Criminal Division and has worked in the Privacy Unit since its inception in 2012.  Stacey received her J.D. at UC Berkeley’s School of Law, where she wrote on privacy law issues for the California Law Review.  She received her B.A. at Douglass College, Rutgers University, and also worked as a grassroots organizer for various non-profits and political campaigns in Washington, D.C.