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Advanced Data Privacy, Cybersecurity and TCPA Class Action Litigation 2021


Speaker(s): Ann Staggs, Chris Hoofnagle, Douglas B. Smith, Hilary E. Ware, Hon. George H. Wu, Hon. Laurel Beeler, Hon. Manish S. Shah, Ian C. Ballon, Jay Edelson, Leonard T. Nuara, Michael Rhodes, Rebekah S. Guyon, Renée Machi Lawson, Rosemarie T. Ring, Scott A. Kamber
Recorded on: Jan. 11, 2021
PLI Program #: 304260

Chris Jay Hoofnagle helps students from different disciplinary perspectives understand the effects of law on technology. He teaches cybersecurity, privacy, consumer protection, forensics, and seminars on new technologies. He holds a dual appointment with the School of Information.

His recent work includes The Tethered Economy, 87(4) Geo. Wash. Law Rev. (2019, with Aniket Kesari and Aaron Perzanowski), What We Buy When We “Buy Now,” 165 U. Pa. L. Rev. 315 (2017, with Aaron Perzanowski), and Federal Trade Commission Privacy Law and Policy (Cambridge University Press, 2016).

Licensed to practice in California and Washington, D.C., Hoofnagle is of counsel to Gunderson Dettmer Stough Villeneuve Franklin & Hachigian, LLP, and an elected member of the American Law Institute.

Education

B.A., University of Georgia (1996)

J.D., University of Georgia School of Law (2000)


Doug Smith currently serves is Associate General Counsel at E*TRADE, where his practice is focused on privacy and data security matters. Prior to joining E*TRADE, Doug worked for a number of years at Capital One, most recently as a Director in Capital One’s Enterprise Services Group, where he helped to stand up the company’s Data Ethics and Privacy Office. He also served as Director, Assistant General Counsel of Bank Operations, advising on wide variety of banking issues, including privacy, payments, unclaimed property, fraud strategy/investigation, and garnishment/levy/child support statutes and regulations.  Doug started his career at Capital One as Director, Assistant General Counsel in Enterprise Regulatory Affairs, where he served as Capital One’s legal subject matter expert on data privacy and security.  Prior to joining Capital One, Doug was an associate in the Intellectual Property, Data and Privacy Group at McGuireWoods LLP.

Outside of E*TRADE, has served as a member of the Board of Managers of the University of Virginia Alumni Association and as a board member and chair of the Ridley Scholarship Fund at the University of Virginia, which provides scholarships to high achieving African-American students admitted to UVA. He also volunteers his time with 100 Black Men of Greater Richmond, Inc. and is proud member Omega Psi Phi Fraternity, Inc.


Jay Edelson is the Founder and CEO of Edelson PC, which has been recognized by Law360 as an “Illinois Powerhouse” and named a "Consumer Protection Group" of the year (2017). He is considered one of the nation’s leading class and mass action lawyers, having secured over $1 billion in settlements and verdicts for his clients. Law360 has described Jay as a “Titan of the Plaintiff’s Bar.”

Jay has been recognized by the American Bar Association for being one of the “most creative minds in the legal industry” and has “taken on some of the biggest companies and law firms in the world, and has had success where others have not.” He has also been called of the most “feared” litigators in Silicon Valley and, according to a New York Times profile, his success in the privacy space has made him Tech’s “least friended” man. Put plainly, according to Chicago Lawyer Magazine, “when it comes to legal strategy and execution, Edelson is simply one of the best in the country.”

Commentators have singled out Jay’s willingness to tackle problems other lawyers shy away from and his creativity in finding winning strategies.  He has successfully litigated cases of first impression against the national banks in the wake of the housing collapse, leading to the reinstatement of over $3 billion in home credit lines. Through his privacy cases, he has “fostered a reputation for his uncanny ability to come up with creative standing and damages arguments” leading to “momentum-shifting rulings in challenges to the data security and information-gathering practices of companies.”

Jay has been chosen by courts and other institutions to handle some of the most complex and significant issues facing the nation today. He is leading the student-athlete concussion multi-district litigation against the NCAA, considered to be “one of the largest actions pending in the country.” His victory in the United States Supreme Court in Robins v. Spokeo has been called the most significant consumer privacy case in recent times.

Jay is representing dozens of governmental entities in lawsuits against the drug manufacturers and distributors responsible for the opioid epidemic in primarily state-based actions.


Manish S. Shah is a United States District Judge for the Northern District of Illinois. Before his appointment to the court in 2014, he was an Assistant United States Attorney in the Northern District of Illinois for over 12 years, and served as the Chief of the Criminal Division for two years. Judge Shah started his career as an associate at Heller Ehrman White & McAuliffe in San Francisco, CA, and then served as a law clerk to U.S. District Judge James B. Zagel.  J.D., University of Chicago Law School. B.A., Stanford University.


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.


Rebekah S. Guyon represents clients in a variety of litigation matters, including intellectual property, copyright, trademark, publicity, technology, privacy, entertainment, Internet law, First Amendment and Telephone Consumer Privacy Act disputes, and class action defense.

Prior to joining the firm, Rebekah was a law clerk for the Honorable James O. Browning in the U.S. District Court for the District of New Mexico.

Before practicing law, Rebekah taught high school U.S. History and New Mexico History in Albuquerque, New Mexico.


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 Lane v. Facebook, In re Hill’s Pet Nutrition, 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 and his firm also apply their expertise in technology through advisory work on behalf of companies committed to distributed technology ledger technology, including blockchain.

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 Colorado, New York, Missouri and the District of Columbia, as well as the United States Courts of Appeals for the Second, Eighth and Ninth Circuits, and numerous United States District Courts. Mr. Kamber is based in Colorado.

 


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.


Born 1950 in New York, NY

Federal Judicial Service:

Judge, U.S. District Court for the Central District of California

Nominated by George W. Bush on January 9, 2007, to a seat vacated by Ronald S.W. Lew. Confirmed by the Senate on March 27, 2007, and received commission on April 17, 2007.

Education:

Pomona College, B.A., 1972

University of Chicago Law School, J.D., 1975

Professional Career:

Private practice, Los Angeles, California, 1975-1976, 1977-1979, 1989-1991

Law clerk, Hon. Stanley N. Barnes, U.S. Court of Appeals for the Ninth Circuit, 1976-1977, 1979

Assistant professor of law, University of Tennessee College of Law, 1979-1982

Assistant U.S. attorney, Central District of California, 1982-1989, 1991-1993

Judge, Los Angeles [California] Municipal Court, 1993-1996

Judge, Superior Court of California, County of Los Angeles, 1996-2007

Other Nominations/Recess Appointments:

Nominated to U.S. District Court for the Central District of California, September 5, 2006; no Senate vote


Experienced legal and business advisor with strong roots in fast-paced and results-driven technology environments and in a breadth of legal areas.

Strategic leader who thrives on developing and working collaboratively with teams and across functional areas to resolve complex legal issues in alignment with business objectives.

High degree of comfort working with and advising C-level and other senior executives and Board members

Specialties:

Complex US and global risk and litigation – both as successful plaintiff and defendant; intellectual property; privacy; securities; unfair business practices and consumer/class action law; commercial; regulatory; employment; legal operations


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.


Hilary Ware is Associate General Counsel & Vice President of Litigation & Regulatory Affairs at Netflix, based in Los Gatos. She joined Netflix in 2011, and has global responsibility for Netflix's litigation, regulatory compliance (including anti-bribery and sanctions compliance as well as consumer claims and law enforcement requests), privacy & data security, and labor and employment legal teams.

She is a founder of the Legal Diversity Committee and is also a frequent speaker on issues of diversity and work-life balance in the legal profession.

Hilary attended Wellesley College, where she double majored in Political Science and English. She received her Master’s in Education from Harvard Graduate School of Education and her JD from Harvard Law School. After a federal clerkship in Miami, she moved to San Francisco, where after 6 years litigating at a big firm and 7 years managing litigation and investigations in-house at Google, she joined Netflix.

Hilary lives with her fiancee Sharon and their blended family of six kids: Kennedy and Chase, who are 17; Nicholas and Eva and Chandler, who are 15, and Theo, who is 13. (Yes, that is 6 teenagers; she keeps her cross-examination skills sharp at home.) In her essentially non-existent spare time she downhill skis and rock climbs in Yosemite.