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Think Like a Lawyer, Talk Like a Geek 2012: Get Fluent in Technology


Speaker(s): Christian B. Hicks, Daniel L. Regard, David W. Opderbeck, Dean J. Hager, Ken Dreifach, Lori E. Lesser, Peter Brown, Rachel Beth Evans, Timothy Ryan
Recorded on: Nov. 5, 2012
PLI Program #: 35736

Christian B. Hicks has advised clients on more than 150 matters relating to intellectual property and computer forensics. He has testified as an expert in Federal Court, submitted expert reports and affidavits, and has been deposed in several cases. Before co-founding Elysium Digital, he worked as a consultant for the AT&T Consumer Lab, where he developed data mining techniques and researched Internet programs and protocols. He is co-inventor on two patents on systems for unlocking remote electronic data. Mr. Hicks graduated summa cum laude from Princeton University with an A.B. in Computer Science. While there, his academic research focused on artificial intelligence and earned him the Computer Science Senior Prize.


Dean Hager serves as president and CEO of Kroll Ontrack, Inc., the leading provider of data recovery, electronic discovery, and information management services and software worldwide. In his role, Mr. Hager is accountable for advancing the strategic vision of Kroll Ontrack and growing the company's business lines through continued investments in technology innovation and service enhancement.

Mr. Hager holds extensive executive experience with more than 20 years in the software industry, leading teams across all functional disciplines. He served 14 years with Lawson Software, Inc., most recently as executive vice president of S3 Industries. In this role, Mr. Hager had accountability for revenue, operations and strategic direction. He joined Lawson in 1998 and thereafter held leadership roles across various groups, including marketing, product strategy and emerging markets. His broad professional background has given him a deep understanding of business solutions spanning many industries, including healthcare, education, government, financial services, professional services, retail, distribution and manufacturing. Further, Mr. Hager holds significant global experience having led organizations across the Americas, Europe and Asia Pacific.

Prior to joining Lawson, Mr. Hager was employed by IBM for nine years, where he gained comprehensive technical knowledge serving in several management capacities and received several U.S. patents and achievement awards and in his tenure.

Education & Certification

  • St. Mary's College, Minneapolis, Minn., Masters of Arts, management, 1994
  • St. Cloud State University, St. Cloud, Minn., Bachelor of Science, computer science and mathematics, 1989


Primary Areas of Practice: Data Privacy Law and Online Liability

Law School:  NYU School of Law
 
Work History

  • General Counsel, Rapleaf, 2010-2012
  • Deputy General Counsel, Linden Lab (Second Life) 2007-2010
  • Chief, Internet Bureau, Office of New York Attorney General 2000-2006
  • Partner, Sonnenschein, Nath & Rosenthal LLP:
  • Associate, Morrison & Foerster, LLP
  • Judicial Clerk, Honorable Phyllis Kravitch (U.S. Court of Appeals, 11th Circuit)


Professional Memberships
:

  • New York Bar Ass'n (Past Chair, Committee on Cyberspace Law)
  • Direct Marketing Ass'n (Advisory Committee, Data Governance Committee; Working Group on Online/Offline Data)


Lori Lesser is a Partner at Simpson Thacher & Bartlett LLP, where she practices in the Litigation Department and is Head of the Intellectual Property Transactions Practice and Co-Chair of the Privacy and Cybersecurity Practice. Lori advises on all aspects of intellectual property, technology and privacy law, including corporate transactions, litigation, licensing, outsourcing, strategic agreements and counseling.

Her IP transactional experience includes mergers and acquisitions, securities offerings and secured financings, bankruptcy and restructurings, joint ventures, licensing, outsourcing, counseling and other strategic agreements. Her IP litigation practice comprises trial and appellate work and WIPO arbitrations.

Ms. Lesser is also consistently recognized by Chambers USA, The Legal 500 and The Best Lawyers in America, for which she has been named the “Information Technology Lawyer of the Year” for New York City. She has been listed in the “Top 50 Under 45” U.S. IP Lawyers (IP Law & Business magazine), the “Top 45 Under 45” U.S. women lawyers (The American Lawyer), and “The 20 Most Influential Women in IP Law” (Law360). She has been ranked in New York City’s top 100 lawyers and top 50 women lawyers by Super Lawyers. She has received the Burton Award for legal writing and the Award of Excellence from Volunteer Lawyers for the Arts. Her IP work in private equity deals has been featured on the cover of IP Law & Business.

Ms. Lesser has served as a David Rockefeller Fellow for New York City and corporate partner for GreaterNY and serves on the boards of the Partnership Fund for New York City and the Citizens Budget Commission. She is President of the Harvard Law School Association of NYC and serves on the Executive Committee of the Harvard Class of 1988. She is on the Advisory Board of ChIPs (chief IP counsel), the Business Advisory Council of ProPublica, the Leadership Council of Barnard’s Athena Center for Leadership Studies, and the Hunter College Pre-Law Advisory Board. She is a Fellow of the Foreign Policy Association.

Ms. Lesser graduated from Harvard University (A.B., magna cum laude and Phi Beta Kappa, 1988) and Harvard Law School (J.D., cum laude, 1993).


Mr. Regard is an electronic discovery and computer science consultant with 20 years experience in consulting to legal and corporate entities. A programmer and an attorney by training, Mr. Regard has conducted system investigations, created data collections, and managed discovery on over a thousand matters. He is responsible for the development and implementation of case and matter strategies that leverage technology in litigation and investigations. Mr. Regard has both national and international experience advising on such issues as electronic discovery, computer forensics, structured data, and information management. He is a frequent speaker, teacher, and publisher on issues of electronic discovery.

Prior to founding iDiscovery Solutions, Inc. in 2008, Mr. Regard was the national director of e-Discovery for LECG. He was also the national director of Electronic Evidence & Consulting for FTI Consulting, and was an electronic discovery and data analytics team leader in Analytical Dispute Services at Deloitte & Touche, where he managed multi-national, multi-jurisdictional, and multi-counsel litigation support projects. He began his career as the founder of a nationwide litigation-technology company.

Mr. Regard is the founder of b-Discovery, a monthly e-Discovery networking group that meets throughout the United States. He is a director of the Institute of Computer Forensic Professionals and a long time associate of the Certified Fraud Examiners. He is a member of the Sedona Conference WG1: Electronic Document Retention and Production, and WG6: International Electronic Information Management, Discovery and Disclosure. He is a board member of Georgetown Advanced Institute for e-Discovery. He is a founding member of the Master’s Cabinet.


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


Professor Opderbeck’s work focuses on the regulation of access to scientific and technological information. His published work has employed the tools of game theory, classical microeconomics, and statistical analysis to address issues such as settlements in Hatch-Waxman litigation, cybersecurity policy, intellectual property restrictions on essential medicines in developing countries, open source biotechnology, patent damages reform, and the interaction of law and social norms concerning music file sharing.

Professor Opderbeck’s interest in cybersecurity law and policy included a multi-year grant-funded project sponsored by the Bergen County, New Jersey Prosecutor’s Office, which included new courses, continuing legal education programs, and the creation of a governmental working group on cybersecurity and cybercrime.  The governmental working group recently worked on a new online child pornography bill that was signed into law by Governor Christie.  Professor Opderbeck frequently lectures to law enforcement agencies and other groups on cybercrime, cyberterrorism, and civil liberties.

In addition to his traditional legal scholarship, Professor Opderbeck is interested in the philosophical and moral foundations of information policy and other aspects of the law. He has written on ethical, philosophical and theological issues in law and jurisprudence, and currently is completing a doctorate in philosophical theology regarding the intersection of neuroscience and the law.

Professor Opderbeck maintains a website relating to his work at http://www.davidopderbeck.com.


Timothy P. Ryan is a Principal in the Fraud Investigation & Dispute Services practice of Ernst & Young LLP where he assists clients in responding to, investigating, and remediating cyber incidents. Prior to joining EY, Tim led the Cyber Security and Investigations practice of an international risk consultancy. Tim also previously had a distinguished career as a Supervisory Special Agent with the Federal Bureau of Investigation (FBI), where he supervised the largest Cyber Squad in the United States. An expert in responding to all forms of computer crime, attacks, and abuse, Tim has led complex cyber investigations involving corporate espionage, advanced computer

intrusions, denial of service, insider attacks, malware outbreaks, Internet fraud, and theft of trade secrets. Tim also served as Acting Director of the FBI’s New Jersey Regional Computer Forensics Lab, one of the nation’s largest, state-of-the-art digital forensic laboratories. As a member of the FBI’s elite Computer Analysis and Response Team, Tim also conducted computer forensic examinations on behalf of federal, state, and local authorities.

Tim has provided cyber expertise to state and local law enforcement on investigations of crimes, including homicides, stalking, missing children, cyber-bullying and internal affairs. A certified FBI instructor, he developed a cyber-based curriculum and trained hundreds of law enforcement and private professionals in evidence acquisition, security policy and implementation, breach response and mitigation, hacker methodology and employee Internet safety.

Tim was an adjunct professor at Seton Hall University School of Law where he taught cyber crime and cyber security to law students, prosecutors, defense attorneys and homeland security professionals. Tim has been interviewed and quoted by numerous media outlets, among them The Wall Street Journal, CNN, Newsweek, CBS, NBC Nightly News, BBC, CNBC, The Today Show, ABC, Washington Post, and USA Today.

Before joining the FBI, Tim was an accomplished attorney in private practice in Arizona. Earlier, he served as Military Police with the U.S. Army during Operation

Desert Shield and Desert Storm, for which he was awarded multiple commendations for service and actions on duty.

Education

J.D. Rutgers University School of Law

M.S. Information Technology and Information Assurance, University of Maryland

B.A. Political Science, Kean University

Certification

Global Certified Incident Handler (GCIH)

FBI Computer Analysis Response Team (former)

FBI Instructor (former)

Licensed to practice law in NJ and AZ


Rachel has been an in-house technology lawyer for over 20 years, and her areas of focus include software-as-a-service, IP licensing, and complex IT transactions. She is currently the commercial legal lead responsible for leading software-as-a-service contract negotiations and strategy for Workday’s central region.

Rachel previously worked at Accenture for 12 years, most recently as a Director of Legal Services, advising senior leadership on regulatory and other legal and business risks with respect to Accenture's HR, infrastructure, and application outsourcing services. Prior to Accenture, she worked at IBM and with Siebel Systems, negotiating complex IT transactions.

Rachel has been a speaker at numerous PLI conferences since 2010 and is admitted to practice law in New York and California. She grew up in the Chicago area, received her undergraduate degree in psychology from the University of Michigan in 1990, and graduated cum laude from Indiana University School of Law in 1994, where she was an editor of the Indiana Law Journal.

Rachel moved back to Chicago in 2016 after spending 22 years in Silicon Valley. When she’s not working, she enjoys volunteering in animal rescue.

Rachel can be contacted at rachel.evans@workday.com.