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Cloud Computing 2021: Key Issues and Practical Guidance


Speaker(s): Alison P. Buchanan, Athanasia V. Charonis, Brad L. Peterson, Doron S. Goldstein, James Q. Walker, Janan Crocker, Kenneth A. Adler, Lee Tiedrich, Manuel Martinez-Herrera, Marc S. Crandall, Noga Rosenthal, Peter Brown, Richard Borden
Recorded on: May. 10, 2021
PLI Program #: 305837

Brad Peterson is a co-chair of PLI’s outsourcing program in Chicago and leads the Technology Transactions practice at Mayer Brown.  His practice focuses on outsourcing, data, digital services, and software transactions.

Brad has been ranked as a Band 1 individual for several years in both Chambers Global (Global – US Outsourcing category) and Chambers USA (Illinois Technology and the National Outsourcing categories) (“the gold standard of legal advisers on IT outsourcing and contracts”).  Best Lawyers named Brad as the Information Technology Law "Lawyer of the Year" for Chicago" for 2017.   Legal 500 has for several years named Brad as a Leading Lawyer ("singled out for praise“).

Brad earned an MBA from the University of Chicago Graduate School of Business and a JD from Harvard Law School. Prior to law school, he worked for years as a computer programmer and an IBM Marketing Representative.


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.  


James Walker is a partner in the New York office of Perkins Coie LLP, where he also serves as that office’s Loss Prevention Partner.  He concentrates in government investigations and professional liability. Mr. Walker represents companies and senior executives in government investigations, civil litigation, and employment matters, and defends law firms and lawyers in malpractice claims, disqualification motions and professional conduct advice. Mr. Walker Chairs the New York County Lawyer’s Association Committee on Professional Ethics, is on the Editorial Board of the ABA/BNA Lawyers’ Manual on Professional Conduct and Law360’s Legal Ethics Editorial Advisory Board, and is a member of the New York State Bar Association’s Committee on Standards of Attorney Conduct (COSAC) and Committee on Professional Ethics. He also serves on the New York City Bar’s Diversity, Equity & Inclusion Committee. Mr. Walker frequently lectures and publishes on topics that include internal investigations, technology and legal practice, and professional liability. He received his J.D. from Yale Law School in 1990 and B.S. in Applied Math from Yale College in 1985. 


Janan Crocker  is the privacy and product counsel lead for Google Cloud's horizontal and go-to-market activities. She works to achieve compliance with US and international laws and regulations dealing with privacy, law enforcement, system security, intellectual property, content regulation, telecommunications, consumer protection, advertising, and child online protection.

Prior to joining Google in 2018, Janan worked at Davis Polk & Wardwell in Menlo Park, CA and Sidley Austin in Sydney, Australia where she advised clients on transactions in a variety of industries, including financial services, healthcare, retail, media, and technology.

Janan earned a bachelor of arts degree from Duke University and a juris doctor from Duke University School of Law. Janan is a member of the California bar and holds a certification with the International Association of Privacy Professionals.


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


Sia Charonis is a Legal Director at Google LLC.  Sia is responsible for overseeing a commercial legal team supporting Google's enterprise Cloud products. Before joining Google, Sia held senior legal management positions at salesforce.com inc. She has over 15 years of commercial legal experience, including a focus on supporting complex Cloud agreements across a variety of customer industries, including financial services, healthcare, retail, media, technology and beyond. 

Sia graduated cum laude from the University of Southern California, and from Santa Clara University School of Law with a specialty certificate in High Tech Law and Corporate Transactions. She is a member of the California bar. Sia resides in the Bay Area with her husband and 3 children.

 


As Ampersand’s Chief Privacy Officer and General Counsel, Noga Rosenthal is responsible for guiding the company's privacy and legal initiatives; she holds deep expertise in the development and implementation of comprehensive privacy programs. 

Noga previously served as Chief Privacy Officer at Epsilon where she led the company’s worldwide privacy, compliance and regulatory activities. Prior to Epsilon, she served as General Counsel and Vice President for Compliance and Policy for the Network Advertising Initiative (NAI), helping craft industry standards around the responsible collection and use of data for digital advertising and managing its compliance program to help ensure that member companies delivered on the promise of self-regulation for interest-based advertising. Furthermore, she also led global legal affairs for WPP’s Xaxis, a pioneering programmatic digital media business, as SVP and General Counsel. 

Noga is also a member of the International Associations of Privacy Professional (IAPP)’s Privacy Bar Section Advisory Board and was formerly a member of IAPP’s Women Leading Privacy Advisory Board and Education Advisory Board.

She is currently a member of the Interactive Advertising Bureau’s Public Policy Group, State Privacy and Federal Privacy Working Group and Legal Affairs Committee as well as the ANA’s Government Relations Committee.  Noga is an active member of the UK Data Protection Network, which provides guidance on the General Data Protection Regulation (GDPR). 

She also sat on the Advisory Board of the Digital Advertising Alliance and the Data Standards Committee of the Data and Marketing Association. Bureau. She also served as co-chair of the Privacy Committee of the Mobile Marketing Association.  Noga was a board member of the Network Advertising Initiative for eight years.

Noga received her bachelor’s degree in English and Political Science from Rutgers and a J.D. from Fordham Law School.

 


Doron S. Goldstein is a member of Katten's Intellectual Property department and co-head of the firm's Privacy, Data and Cybersecurity practice, as well as deputy general counsel to the firm. He is part of the inaugural group of twenty-seven lawyers certified as Privacy Law Specialists by the International Association of Privacy Professionals (IAPP), accredited by the American Bar Association; the IAPP is not affiliated with any governmental authority. Doron is also an IAPP Fellow of Information Privacy and was named a "Cybersecurity Trailblazer" by the National Law Journal. With his background in information technology, Doron works closely with clients' legal and technology teams in complex data management, cloud and software-as-a-service (SaaS), and outsourcing arrangements, and counsels clients on privacy practices, information security, and data breach planning and response.

Doron also co-heads Katten's Advertising, Marketing and Promotions group, and regularly advises on various aspects of advertising and promotional programs, branded entertainment, and integrated marketing campaigns, including talent and production agreements, advertising agency relationships, user-generated content, Internet distribution, brand and product integration, sponsorships, and promotions. In addition, he provides counsel on trademarks and branding, including with respect to certification marks and geographical indications.

Clients from a variety of fields, including consumer electronics, chemical manufacturing, financial services, information technology and biotechnology, seek Doron's representation in licensing and establishing joint ventures and strategic alliances to exploit intellectual property and technology. He also represents clients in complex royalty sales and intellectual property and whole business securitizations, and advises on intellectual property concerns in bankruptcy.

Doron worked with the Information Highway Advisory Council of the Government of Canada (Industry Canada) regarding crown copyright and the publication of federal statutes on the Internet. He has been a member of the Electronic Commerce Working Group of the Uniform Law Conference of Canada, and was involved in drafting the Uniform Electronic Commerce Act.


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.


Lee Tiedrich is an IP/technology transactions partner at Covington & Burling LLP and co-chair of the firm’s global and multi-disciplinary Artificial Intelligence Initiative. She brings together an undergraduate education in electrical engineering and over twenty-five years of legal experience to counsel clients on a broad range of intellectual property, technology transactions, AI governance, data and other matters, which often involve cutting-edge technologies (such as AI, IoT, VR and AR) and require innovative legal and business solutions. Her work spans several industries, including fintech, digital health, mobility/autonomous vehicles, IoT, consumer products, enterprise, sports, and energy.

Clients turn to Lee for her thought leadership and practical approach on AI and emerging technologies and for her deep expertise with technology matters and transactions. She is a trusted advisor on evolving global policy issues, including with respect to AI governance, data transformation and intellectual property. She also leverages her expertise in this quickly evolving area to advise clients on governance practices for AI and to provide a wide range of product counseling advice. Lee has guided numerous clients through intellectual property and technology matters arising in mergers and acquisitions, joint ventures, investment transactions, and securities offerings, and she has pioneered approaches for addressing AI in the corporate context. Lee also has extensive experience negotiating a broad spectrum of IP/tech transactions, including data collaborations and license agreements, cloud services agreements, patent licenses, content agreements, brand licenses, and hardware and software development agreements. She also counsels clients on strategies for maintaining, protecting, and expanding their intellectual property assets and for navigating privacy and data security matters in transactions.


Marc S. Crandall is Director and Global Head of Privacy for Google Cloud. He provides leadership in driving proactive privacy design, product, and engineering excellence.  He identifies, tracks, and mitigates privacy risk, helping keep data safe.  He also predicts, prioritizes, and operationalizes privacy regulatory requirements, addressing user needs.  He supports sales priorities, helping communicate Google privacy capabilities and soliciting feedback from the market.  Marc has also served as product counsel for Google, where he addressed legal issues concerning the development and deployment of Google technology. While at Google, Marc has served as a member of the advisory counsel of the non-profit organization American Registry for Internet Numbers, addressing policy matters associated with the dissemination of all Internet protocol addresses for North America.

Prior to joining Google in 2006, Marc served as assistant general counsel with the science and technology law unit of the United States Federal Bureau of Investigation (FBI). As principal legal adviser to the cyber division at FBI headquarters in Washington, DC, he provided legal counsel and policy advice concerning issues involving Internet forensics, computer intrusions, crimes against children, counterterrorism and counterintelligence operations, intellectual property enforcement, privacy and white collar crime. He also served as a lecturer at the FBI Academy. In 2004, he was appointed by the White House National Security Council office to serve as liaison to private industry for matters relating to Internet forensics and infrastructure security. He also regularly served as a member of the United States delegation to the Internet Corporation for Assigned Names and Numbers (ICANN) governmental advisory committee and on the United Nations working group on Internet governance and world summit on the information society.

Before joining the FBI, Marc served as corporations counsel and lead counsel of Internet compliance and enforcement in what is now the California Department of Financial Protection and Innovation, California's investment and finance authority. There, he developed policy and executed legal duties in the field of Internet forensics, undercover operations, evidence collection, litigation, and the application of evidentiary, privacy and transactional laws to the Internet. He also created and led the State's first team dedicated to combating Internet-based investment fraud. During this time, Marc was appointed as a special assistant U.S. attorney with the United States Department of Justice, investigating and prosecuting violations of federal law.

Marc earned a bachelor of arts degree from the University of California, Los Angeles and a juris doctor from Pepperdine University School of Law. He also holds a certification with the International Association of Privacy Professionals.


Richard M. Borden is counsel in the Corporate & Financial Services Department and Cybersecurity and Privacy practice group where he focuses on intersecting areas such as technology transactions, cybersecurity and privacy risk management, Fintech and Insurtech.

Mr. Borden is at the forefront of cybersecurity and privacy issues, advising on big data governance and the Internet of Things, cybersecurity risk management, and technology sourcing and transactions. Mr. Borden translates the often complicated language of technology, cybersecurity, privacy, risk and compliance to assure that it's understood from both a legal and business perspective.

Prior to joining Willkie, Mr. Borden was a partner at White and Williams and simultaneously served as Chief Legal Officer and Chief Privacy Officer at ORock Technologies, Inc., a cloud and infrastructure as a service provider. He previously served as the Chief Privacy Officer and Chief Information Security and Privacy Counsel of Depository Trust & Clearing Corporation (DTCC).

Additionally, Mr. Borden was Senior Vice President and Assistant General Counsel at Bank of America, where he was responsible for cybersecurity, privacy issues, general technology, commercial contracting, outsourcing, licensing, data, and intellectual property. He was also a Vice President and Assistant General Counsel at The Hartford, where he managed the Technology Law Group that was responsible for all sourcing and technology contracts as well as intellectual property matters, including development of the patent department.


Alison Buchanan is a shareholder with Hoge, Fenton, Jones & Appel, Inc., in San Jose, California, where she serves as the firm’s General Counsel and chairs the firm’s Business Litigation Practice Group. Alison focuses her practice on business litigation, professional liability, and legal ethics. She has tried business litigation, legal malpractice defense, and employment discrimination cases to verdict.

Alison is a Certified Specialist in Legal Malpractice Law, as certified by the State Bar’s Board of Legal Specialization. She is a founding member of the Ethics Committee for the California Lawyers Association, serving as the Vice Chair of Publications. From 2011 to 2014, Alison served a three-year appointment to the California State Bar’s Committee on Professional Responsibility and Conduct (COPRAC). She previously served a four-year appointment to the State Bar's Legal Malpractice Law Advisory Commission.

Alison is a member of APRL (Association of Professional Responsibility Lawyers). She is also a member of the Santa Clara County Bar Association and previously chaired its Professionalism Committee. For ten years, Alison taught Professional Responsibility at Lincoln Law School in San Jose. Alison regularly speaks throughout the state on issues of attorney ethics and professional liability. She has been named a Northern California Super Lawyer from 2013 through 2020.  Alison earned her law degree from Chicago-Kent College of Law (Illinois Institute of Technology), with honors, in 2001.

In addition to her law-related endeavors, Alison proudly serves on the Board of Directors for the Humane Society Silicon Valley.