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Tracking and Targeting Customers and Prospects Online, on Mobile Devices, and in Social Media 2012


Speaker(s): D. Reed Freeman, Jr., David F. McDowell, Dominique R. Shelton, Justin B. Weiss, Laura D. Berger, Rob Sherman, Shane Wiley, Shaun Brown, Stuart P. Ingis, Ted Lazarus, CIPP
Recorded on: Nov. 13, 2012
PLI Program #: 35744

Shane Wiley, CIPP

VP, Privacy & Data Governance

Yahoo!??
Make the world's daily habits inspiring and entertaining, Yahoo! understands user trust is key to our success.
 
Shane is a lead on the Privacy and Data Governance team at Yahoo! supporting over 800 million users across 150 products, services, and platforms in over 50 markets in 29 languages operating across PCs, mobile devices, and cutting edge consumer electronics.  With over 20 years of experience in software engineering, product management, and policy related responsibilities, Shane is a recognized leader in developing sound policy solutions to cutting edge technology challenges.  Mr. Wiley received his undergraduate education at Embry-Riddle Aeronautical University - B.S. Aerospace Engineering and is a Certified International Privacy Professional.


Rob Sherman

Education
University of Michigan Law School, J.D., 2004
University of Maryland, Human-Computer Interaction, B.S., 2001

Bar Admissions
District of Columbia

Rob Sherman is the Manager of Privacy and Public Policy at Facebook, where he is responsible for managing the company's engagement on public policy issues surrounding privacy, security, and online trust.  Collaborating with Facebook's product teams, regulators, and other key stakeholders, Rob works to build the company's core commitments to transparency, control, and accountability into every aspect of the Facebook service. 
 
Prior to joining Facebook, Rob was an attorney at Covington & Burling LLP, where he represented Facebook and other leading technology and digital media companies on regulatory and public policy issues relating to privacy, data security, electronic marketing and communications, and digital content. While in private practice, Rob was recognized by Chambers USA as one of the nation's leading media regulatory lawyers. 
 
Rob speaks regularly on privacy and social media issues and participates in a range of committees and working groups focusing on online privacy. He is a member of the Education Advisory Board of the International Association of Privacy Professionals and a co-chair of the Federal Communications Bar Association's Privacy and Data Security Committee. Rob earned his J.D. from the University of Michigan Law School and his undergraduate degree from the University of Maryland. He lives with his wife and daughter in Alexandria, Virginia.


Shaun Brown is a partner with nNovation LLP, a pre-eminent Canadian law firm that advises private and public sector organizations in connection with a broad range of Canadian regulatory regimes. Shaun's practice focuses on e-marketing, e-commerce, privacy, and access to information, assisting clients with both compliance and litigation-related matters. Prior to private practice, Shaun worked for Industry Canada as a privacy and security policy analyst.

Education: University of Ottawa

Work History:

  • 2009 - present: nNovation LLP, partner
  • 2008-2009: Fraser Milner Casgrain LLP, articling student
  • 2003-2008: Industry Canada, Electronic Commerce Branch - Policy Analyst


Professional Memberships
:

  • Law Society of Upper Canada
  • International Association of Privacy Professionals


Stuart Ingis is nationally recognized as a leading attorney and thought leader on privacy, primary areas of practice are marketing, advertising, and E-Commerce and Internet law. Mr. Ingis co-leads Venable's privacy practice, which won the Chambers USA Award for Excellence in 2009 for the top privacy practice in the United States and the 2010 and 2011 Award for Excellence for top advertising practice in the United States. Mr. Ingis has also been repeatedly listed in the first tier of privacy attorneys in Chambers USA, Legal 500 and ComputerWorld magazine. Mr. Ingis regularly represents companies in the media, communications, information services, advertising, and retail industries before the US Congress and the Federal Trade Commission as well as before other Federal and state agencies. Mr. Ingis regularly counsels companies with federal and state marketing, privacy and advertising laws. Mr. Ingis and the Venable compliance team conduct internal assessments of company practices and products. Mr. Ingis works with companies to design and implement compliance systems and best practices. Mr. Ingis has represented a number of CEOs in testimony before Congressional Committees. Mr. Ingis also represents clients in Congressional investigations and is well-known for representing clients in crisis management situations, in particular with Congressional relations. 


D. Reed Freeman, Jr. is a leading authority on privacy, cybersecurity, and online, mobile, and social media advertising and privacy law. Mr. Freeman serves as co-chair of the firm's Cybersecurity, Privacy and Communications Practice. 

Mr. Freeman has extensive experience defending clients in FTC and state consumer protection investigations and data breach responses. He also counsels clients on compliance with FTC and state trade regulation issues and advertising and privacy laws and self-regulatory codes. His clients include retailers, hospitality companies; financial institutions; software companies; hardware manufacturers; online, mobile, and social media publishers and advertisers; online, mobile, and social media application developers; data aggregators; advertising technology companies, advertising trade associations, industry coalitions, and seal providers; and social media-based advertising service companies. He also represents clients in false advertising disputes before the National Advertising Division of the Council of Better Business Bureaus, Inc. and the National Advertising Review Board.

Mr. Freeman joined the firm following 16 years in private practice, where he handled a wide range of privacy, data security and advertising matters, counseled companies on FTC compliance, and served as lead counsel in numerous FTC and state consumer protection investigations and negotiations. Before joining private practice, Mr. Freeman worked in the FTC's Bureau of Consumer Protection as a staff attorney, and as chief privacy officer and vice president for legislative and regulatory affairs for Claria Corporation, an online advertising software company. 

Mr. Freeman has been called a Regulatory & Compliance Trailblazer by The National Law Journal, and is consistently recognized by Chambers & Partners (Band 1), Legal 500, Best Lawyers in America, Washington DC Super Lawyers  and Washingtonian magazine. He is a member of the International Association of Privacy Professionals' Training Advisory Board and the Board of Editors for the new Cybersecurity Law & Strategy.

Mr. Freeman is a member of the International Association of Privacy Professionals' Training Advisory Board and is on the Board of Editors for the new Cybersecurity Law & Strategy. He is the co-author of CCH's Advertising Law Guide and Privacy Law for Marketers, and previously served as an adjunct professor of privacy and advertising law at George Mason School of Law. He is a fellow of the Ponemon Institute, an organization dedicated to independent research that advances responsible information, privacy and security management practices in business and government. He previously served as a member of the Department of Homeland Security's Data Privacy and Integrity Advisory Committee.

Practice Area

Regulatory and Government Affairs

Cybersecurity, Privacy and Communications

Data Security and Cybersecurity

Education

JD, University of Virginia School of Law, 1993

BA, History, University of Richmond, 1990

Bar Admissions

District of Columbia

Virginia

Clerkships

The Hon. Claude M. Hilton, US District Court for the Eastern District of Virginia, 1993 - 1994


Dominique Shelton is a litigation partner in Alston & Bird's Los Angeles office. She focuses her practice on complex commercial litigation, with particular attention to intellectual property and privacy litigation, as well as unfair competition and antitrust matters. Dominique also provides strategic compliance counseling in digital marketing and data privacy on cutting edge issues, such as mobile privacy, Big Data, Do Not Track and behavioral advertising, among others. In 2012, she was named Intellectual Property Lawyer of the Year by the Century City Bar Association.

She has litigated matters involving various state and federal laws, such as  the Fair Credit Reporting Act, Telephone Consumer Protection Act, Federal Trade Commission Act, Electronic Communications Privacy Act, Computer Fraud & Abuse Act, California False Advertising Law (Business & Professions Code §17500), California Unfair Competition Law (Business & Professions Code §17200) and California Penal Code § 502. She has also negotiated with the CA AG and FTC.

Dominique's clients are Fortune 500 companies, start-up ventures and privately held companies across a broad spectrum of industries that include media and entertainment, technology, broadcasting, digital sales and marketing, advertising, wireless/mobile, Internet, lead generation, manufacturing and electrical, software, telecommunications, legal services, automotive parts and services, dietary supplement, food and health/beauty.

Memberships

  • Member, International Association of Privacy Professionals
  • Board of Directors, Federal Bar Association of Los Angeles
  • Member, Magistrate Judge Merit Selection Panel for the United States District Court, Central District of California (December 2011-present)
  • Member 2007, Chair 2011-2012, Entertainment & Intellectual Property Law Section (ELIPS), LA County Bar Association
  • Lawyer Representative to the Ninth Circuit Judicial Conference
  • Board Member 2007-2010, Big Brothers Big Sisters of Greater Los Angeles
  • President 2005-2006, Women Lawyers Association of Los Angeles
  • Life member, National Bar Association Black Women Lawyers
  • Board member 2004-2006, California Women Lawyers Association

 
Education

Georgetown University (J.D., 1991)

Brown University (B.A., 1988)

Admitted to Practice 

California


 


Justin B. Weiss serves as Senior Director for International Privacy and Policy within Yahoo!’s global legal group, focusing on online and mobile privacy matters for the company’s many global properties. Justin represents Yahoo! before world governments and within international trade associations and helps advise on the development of industry standards and their adaptation to new business models and changing technology. Much of his work involves reconciling comparative privacy norms across diverse cultural and legal contexts. He served as an expert privacy advisor to the OECD’s Working Party on Information Security and Privacy in its 30 year review of the OECD Privacy Principles, and co-authored a paper on Privacy by Design with Information & Privacy Commissioner Dr. Ann Cavoukian of Ontario, Canada. 

Prior to his role at Yahoo!, Justin served as Privacy Counsel to both the Network Advertising Initiative (NAI) and the Email Sender & Provider Coalition (ESPC), two leading US- trade groups with specialized expertise in online advertising privacy. His international work originated during his service as a Peace Corps volunteer in Guinea, West Africa, followed by two tours of duty within the international relations divisions of the Olympic Winter Games Committees of Salt Lake City, Utah and Torino, Italy.   

 


Ted Lazarus, CIPP/US, is a Director of Google’s legal department, where he leads a team of attorneys responsible for Google’s advertising platforms products, including DoubleClick, the Google Ad Exchange and AdSense.  Ted advises Google’s Product, Engineering and Sales teams on a wide array of privacy, product development and regulatory issues.  He regularly represents Google in commercial transactions related to its advertising programs, including negotiating some of the company’s most significant display advertising agreements with global advertising agencies and Fortune 500 companies.  Ted has managed several of Google’s largest, most complex post-acquisition integration efforts, including DoubleClick, AdMob and AdMeld. 

Prior to joining Google, Ted served as Deputy General Counsel of DoubleClick.  Prior to that, he was a litigation associate with Covington & Burling LLP.  Ted served as a law clerk for U.S. District Judge Nicholas Garaufis (E.D.N.Y.).  He holds a J.D. from Columbia Law School and a B.A., magna cum laude, from Amherst College. 


Laura D. Berger is an attorney in the Division of Privacy and Identity Protection at the Federal Trade Commission. She enforces federal laws that protect consumer privacy. Recently, her law enforcement work has focused on the privacy and security standards applicable to social media and to the Internet of Things. She also has worked on the agency's efforts to educate app developers about privacy, including the recent guide “Marketing Your Mobile App: Get it Right from the Start.” In addition, she was author of the Commission's Safeguards Rule. She received a B.A. from Tulane University and a J.D. from the University of Michigan Law School. She works from the FTC's Regional Office in San Francisco.


Throughout his career, David McDowell has been on the forefront of legal issues facing retailers and consumer product manufacturers. His victories before the California Supreme Court eliminated nearly all consumer class actions over sales tax cases, Loeffler v. Target, 58 Cal.4th 1081 (2014), and all pre-Proposition 64 “no injury” cases, Californians for Disability Rights v. Mervyns, 39 Cal.4th 223 (2006). With nearly 30 years’ experience advising retailers and consumer product companies, Dave speaks the language of his clients, providing practical and timely legal advice that is tailored to today’s fast moving retail environments.

Dave’s combination of experience and practicality has led to successes in the appellate and trial courts in cases that have defined the rights and limited the duties of retailers in a variety of other arenas, including marketing practices, advertising and other promotions, labeling of goods, use of retail property for solicitation and signature gathering, and other areas important to retailers and consumer product companies.

As part of his regular practice focus on unfair business practice issues, false advertising, and other consumer class action litigation, Dave is currently working extensively in areas where consumers directly interact with technology, such as privacy and data security and accessibility under the ADA and related laws.

Privacy and Data Security

Dave represents Target Corporation in connection with its investigations and ongoing litigation and regulatory inquiries related to the theft of customers’ credit and debit card data. In addition, he has advised numerous other companies on data security and breach-related issues. Beyond data security, he represents well-known technology companies in privacy class actions across the United States as well as household-name retailers in dozens of other alleged invasion of privacy litigations and FTC investigations.

EDUCATION

Brown University (A.B., 1983)

University of Chicago Law School (J.D., 1986)

RANKINGS

Legal 500 2014
Recommended in the areas of Data Protection and Privacy, and Marketing and Advertising

Southern California Super Lawyers
Repeatedly recognized in the categories of Class Action/Mass Tort Litigation and Civil Litigation Defense