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Social Media 2013: Addressing Corporate Risks


Speaker(s): Andrew B. Serwin, Ben Petrosky, Chris McCleary, Christine E. Lyon, Cydney A. Tune, Jennifer Stanley, John F. Delaney, Karen Scarr, Lara Kehoe Hoffman, Lisa T. Oratz, Priya Sanger, Timothy Yip
Recorded on: Feb. 6, 2013
PLI Program #: 41974

Andrew B. Serwin is the founding chair of the Privacy, Security & Information Management Practice and is a partner in the San Diego/Del Mar and Washington, D.C. offices of Foley & Lardner LLP. Mr. Serwin has handled a number of high-profile privacy and consumer protection matters, including multiple privacy enforcement matters before the Federal Trade Commission and is internationally recognized as one of the leading consumer protection and privacy lawyers.

Experience

Mr. Serwin advises a number of Fortune 500 and emerging companies regarding global privacy compliance and technology transactions, with particular emphasis on: international compliance; health care; mobile; behavioral advertising; ECPA and wiretap issues; electronic marketing concerns; security incidents; social media; and compliance with FTC requirements.  Mr. Serwin has provided advice to companies in a diverse set of industries, including: financial services; health; retail; data brokers; online businesses; hospitality; utilities; and insurance.  Mr. Serwin also has unique experience in representing emerging companies because he served as president and general counsel of an online political magazine, and also has served on the advisory boards of emerging companies. 

Mr. Serwin also has extensive litigation and enforcement experience, having served as lead counsel in a number of FTC matters, matters before the Office of Civil Rights, as well as state consumer protection matters and consumer privacy litigation matters based upon the alleged misuse of personal information.

Recognitions

Mr. Serwin was named to Security Magazine's "25 Most Influential Industry Thought Leaders" for 2009 - he is the only law firm lawyer to ever receive this award, and was ranked second in the 2010 Computerworld survey of top global privacy advisors. He is recognized by Chambers USA as one of the top privacy & data security attorneys nationwide (2009-2012), where he has been described by clients as "a tireless worker, holding onto the ever-shifting puzzle pieces of the law in this area in a way that other privacy lawyers cannot," and noted as "an excellent privacy lawyer, a real expert in the field," by Chambers Global 2012. The Legal 500 recognized Mr. Serwin as a Leading Lawyer in data protection and privacy (2010-2012) where clients stated that he "understands business concerns and provides practical, to-the-point advice." He has been Peer Review Rated as AV® Preeminent™, the highest performance rating in Martindale-Hubbell's peer review rating system and was selected for inclusion in the San Diego Super Lawyers® lists (2007-2012), including being ranked in the Top 50 lawyers in 2012. Mr. Serwin was also selected by his peers for inclusion in The Best Lawyers in America® in the field of information technology law (2010-2012).

Mr. Serwin serves as Executive Director of the Lares Institute, a think-tank focused on privacy and information management issues, He is also a member of the Advisory Team of the Naval Postgraduate School's Center for Asymmetric Warfare, general counsel of the RIM Council of the Ponemon Institute, LLC, and also previously served as Co-Chair of the Survey Committee of the American National Standards Institute's report on PHI, as well as the privacy and the legal subcommittees of the PSAB of the California Health and Human Services Agency by the California Office of HIPAA Implementation. He also previously served as co-chair of the California State Bar's Cyberspace Law Committee and as a member of the Committee of Administration of Justice, as well as a member of the Publications Board for the Business Law Section of the American Bar Association.

Education and Admissions

Mr. Serwin is a graduate of the University of San Diego School of Law (J.D., cum laude, 1995), where he was a member of the Order of the Coif. He earned his B.A. in political science, cum laude, from the University of California, San Diego in 1992. Mr. Serwin is admitted to practice law in California and the District of Columbia.


Karen Scarr is Associate General Counsel, Brand Services at Gap Inc. in San Francisco. Gap Inc. is a leading global retailer offering clothing, accessories, and personal care products for women, men, children, and babies under the Gap, Banana Republic, Old Navy, Piperlime, and Athleta brands. Ms. Scarr's practice focuses on intellectual property, including trademark and brand protection, advertising, promotions, and consumer privacy. Her work includes legal strategy and policy development, counseling, contract negotiation, dispute resolution, and litigation.  She also leads legal support for the company's Japan business. Prior to joining Gap Inc. in 2005, Ms. Scarr was a senior attorney at Oracle Corporation. She is a graduate of Yale University and Stanford Law School. 


Timothy Yip - Product Counsel, Twitter, Inc.

Timothy Yip is Product Counsel at Twitter, where he supports various product teams including the platform team as well as commercial transactions involving content licenses and site operations infrastructure. He also advises the Trust & Safety department on internal and user-facing policies. Prior to joining Twitter in 2009, he was a corporate associate at Fenwick & West LLP. He received his J.D. from the Benjamin N. Cardozo School of Law where he was the managing editor of the Cardozo Law Review.

You can follow him on Twitter at @tyip.


Christopher McCleary leads the Visa Inc. Legal department's global operations in marketing and sponsorships, as well as in the areas of intellectual property and client licensing.

Prior to taking his position with Visa Inc., McCleary was senior vice president and deputy general counsel for Visa International Service Association, focusing on that company's "Visa Worldwide Services" legal department. Before that, he was a senior vice president in Visa U.S.A. Inc.'s legal department, focusing on marketing and advertising matters. 

McCleary also served as General Counsel for move.com, a real estate and relocation internet portal, and practiced law with Brobeck, Phleger & Harrison, specializing in intellectual property matters.

McCleary has authored articles and spoken on a number of marketing matters such as advertising law, sports marketing, "ambush marketing", and sports sponsorship issues.

McCleary received his B.A. with high honors from the University of Michigan in 1986 and his J.D., cum laude, from The University of Michigan Law School in 1991.


Jennifer Stanley


Primary Areas of Practice


Copyright, Social Media, Technology Transactions, Intellectual Property, Privacy and Information Security


Law School / Graduate School

  • University College, Dublin, Ireland
  • Vrije Universiteit De Brussels, Brussels, Belguim


Professional Memberships

  • Law Society of Ireland
  • California Bar Association


Priya Sanger is Corporate Counsel at Google, specializing in payments and technology law. She primarily advises on ecommerce initiatives in the online and mobile arenas, including on Google Wallet.

Prior to Google, Priya worked at Wells Fargo in consumer mobile banking, mobile ecommerce, social media, and regulatory law.

Voted a Top Women Leader Lawyer in November 2012 by the Recorder legal newspaper, Priya is the immediate past president of the Bar Association of San Francisco (BASF) and the first in-house counsel and first South Asian to be President of the 140-year old San Francisco institution.  
 


Christine Lyon advises organizations on cutting-edge issues related to the collection, use, sharing, and safeguarding of data, including personal information of customers and employees. She serves as a trusted advisor, working with clients to develop global strategies to comply with U.S. and international privacy and data protection laws.

Christine’s practice spans a variety of industry sectors, from information technology services to consumer products, and covers clients ranging from start-ups to large multinationals. She advises technology companies on building privacy protections into their offerings, including connected products and services (Internet of Things), cloud-based and mobile services, and social media initiatives, as well as on managing the related “Big Data” implications. She also assists clients in evaluating and managing privacy risks, including in strategic transactions such as IT outsourcing, and mergers and acquisitions.

Legal 500 US recognized Ms. Lyon as a “rising star” in the area of privacy and data protection and recommended her for cyber law, and she received The Burton Award for Distinguished Legal Writing. She frequently writes and speaks on the topics of global data protection laws, workplace privacy issues, and data security laws. She is a co-editor of Global Employee Privacy and Data Security Law (BNA Books) and a member of the editorial board of the World Data Protection Report.


Cydney Tune is Senior Counsel at Pillsbury's San Francisco office, and leads the firm's Copyrights practice and Media & Entertainment industry team.  Her practice includes a wide variety of intellectual property issues, including copyrights and trademarks, as well as a broad array of entertainment, licensing, E-Commerce and rights enforcement matters.  She represents a variety of clients—large and small, domestic and foreign, and in many different industries.

The Daily Journal named Ms. Tune one of 2008's Top 10 Copyright Lawyers in California and listed her among California's top "25 licensing specialists" in 2010.  She is regularly voted by her peers as among the Best Lawyers in America in the Entertainment Law and Media Law categories.  She has also been named a “Super Lawyer” in intellectual property.  She is a frequent speaker and author on topics pertaining to intellectual property, licensing and the convergence of entertainment and technology.

Affiliations
- Past Vice Chair, ABA Forum on the Entertainment and Sports Industries, and Immediate Past Chair of the Licensing, Branding and Merchandise Division for that organization
- Past Chair, Copyright Interest Group, State Bar of California IP Section, former Executive Committee member
- Editorial Board, International Entertainment Law Journal
- Advisory Board, Copyright World 
- Advisory Board, Internet Law & Strategy
- Executive Committee and Northern California Chapter Chair, Emeritus, Copyright Society of the U.S.A.


Lara Kehoe Hoffman is Privacy and Data Security Counsel for Autodesk, which provides proven 3D design, engineering, and entertainment software to millions of professionals around the world who use Autodesk's portfolio of products to solve their design, business, and environmental challenges. In her legal career she has represented a diverse array of clients from start-ups to multinationals in businesses ranging from technology to retail to children's toys. She attended the University of San Diego, School of Law and has a degree in Comparative Literature from Yale. When she isn't practicing law, Lara enjoys playing MMORPGs, writing fairy tales and making independent films.


 


John Delaney advises clients ranging from startups to FORTUNE 500 companies on licensing, intellectual property and technology-related matters. John’s experience includes negotiating complex IT and business process outsourcing contracts and service level agreements, joint ventures, software and content development agreements and licenses and similar transactions. John routinely advises clients on matters relating to social media, mobile apps, cloud computing, AI, big data analytics, smart contracts, blockchain and other emerging technologies. 

John also assists clients in identifying online liability issues and developing risk-reduction strategies, including in connection with data scraping, online marketing campaigns, user-generated content, voice platforms and interactive products and services.   

In the media space, John has extensive experience with the licensing of music, TV, film and other content for transmitting, streaming or downloading through traditional distribution channels and online platforms. 

In the social media space, John is highly knowledgeable of the rapidly evolving law of social media, social influencers and interactive marketing. He drafts and helps implement social media policies and guidelines, advises on compliance with the Digital Millennium Copyright Act (DMCA) and Communications Decency Act (CDA) safe harbors, and assists with online tracking and issues in connection with corporate blogs, third-party social media platforms and mobile applications.

John is a frequent author, blogger and lecturer on technology and intellectual property law developments.


Benjamin Petrosky is a product counsel for Nest Labs, Inc., where he counsels teams on wide-ranging issues including Internet law, privacy, and intellectual property, and he speaks regularly on related topics. Prior to joining Nest in 2014, Ben was a product counsel at Google, focusing on consumer products, including Gmail, Photos and Google+. Before he began at Google in 2010, Ben was in private practice in New York City.


Lisa Oratz has been practicing law for over 25 years in the areas of technology, intellectual property and entertainment law. She has drafted and negotiated numerous technology and content licenses as well as development, distribution, manufacturing and marketing agreements. Lisa regularly counsels clients regarding the clearance, protection and licensing of copyrights, trademarks and other intellectual property rights and assists clients with obtaining, maintaining and enforcing copyright and trademark rights and registrations. She works with many Internet, digital media and traditional companies on a broad range of topics including privacy, content liability, social media issues, intellectual property, site terms and contracts. Lisa also represents artists, authors, musicians and composers and works with corporate clients, game developers, publishers and individuals in entertainment related matters involving music, publishing, art, theatre, film and television.

Lisa works with a wide variety of clients, ranging from Fortune 500 companies to political campaigns to small start-ups. Representative clients include Microsoft Corporation, Nintendo of America Inc., Amazon.com Inc., Newsvine Inc., Obama for America, Presidential Inaugural Committee 2009, Amaze Entertainment, Inc., Screenlife, LLC, Cranium Inc., Facebook, Inc., WildTangent, Inc., InfoSpace Inc., Trumba Corporation, Captaris Inc., LeisureCare, Pacific Coast Restaurants Inc., Expedia, Inc., Katako Records, LLC, Artistry Entertainment, Horvitz Newspapers Inc., Research Channel, and Wizards of the Coast LLC.

EXPERIENCE

TECHNOLOGY TRANSACTIONS & PRIVACY LAW

Internet, Digital Media and E-Commerce Agreements: 
Prepared and negotiated web development and hosting agreements, advertising, linking, and co-branding agreements, strategic partnering agreements, content agreements, site terms and user agreements for a wide variety of Internet, digital media and e-commerce companies.

Social Media: Advised social media companies, technology companies and traditional companies on legal issues related to social media platforms and the use of blogs, community features and other social media marketing; drafted social media policies. 


Privacy: 
Drafted privacy policies and advised clients regarding privacy compliance including compliance with the Children's Online Privacy Protection Act (COPPA).

Content Liability: 
Provided advice and counseling regarding content liability issues for websites, online services, software, games and media companies and regarding  Section 230 of the Communications Decency Act, the Digital Millennium Copyright Act (DMCA), CAN-SPAM and advertising regulation.

Software Agreements:  Prepared and negotiated numerous software licensing, acquisition, development, support and distribution agreements and represented clients in the acquisition and licensing of content for use in software products, online services and video games.

Manufacturing and Distribution Agreements:  Prepared and negotiated domestic and international distribution and manufacturing agreements for game and pharmaceutical companies.

INTELLECTUAL PROPERTY LAW

Copyright and Trademark Counseling and Registration:  Advised clients on variety of intellectual property issues including copyright, trademark, domain name, trade secret, and right of publicity; assisted clients in a wide variety of industries in obtaining copyright and trademarks registrations.

Rights Clearance Services:  Obtained necessary rights clearances for over 300 images for use in a board game; clear content rights for various video games, ads, books, corporate uses, online services and other media and projects; conduct trademark searches.

Intellectual Property Licensing:  Drafted and negotiated copyright, trademark and patent licenses.

Pre-Litigation Dispute Resolution:
  Represented various clients in disputes involving copyrights, trademarks, domain names, trade secrets and other intellectual property rights.

Trademark Usage Policies:  Developed trademark policies and usage guidelines.

ENTERTAINMENT LAW

Music:  Drafted and negotiated music licenses, recording contracts, publishing agreements, online music distribution agreements, podcasting agreements and composer agreements; advise clients regarding music clearance issues.

Publishing:  Drafted and negotiated publishing agreements, literary option agreements, screenwriting agreements and ghostwriting agreements

Film and Television:  Drafted and negotiated series development agreements, DVD distribution agreements, life story agreements, talent agreements and production agreements.

Education
  • University of California, Los Angeles School of Law, J.D., cum laude, Order of the Coif, 1986
  • University of California, Los Angeles, B.A., magna cum laude, 1982
Bar Admissions

California
Washington

Court Admissions

U.S. District Court for the Northern District of California

Community Involvement

Seattle Children’s Theatre, Board of Trustees, 2002 - present

Related Employment
  • Williams, Kastner & Gibbs, Bellevue, WA, 1992 - 1996
  • Bogle & Gates, Bellevue, WA, 1988 - 1991
  • Irell & Manella, Los Angeles, CA, 1986 - 1988