Skip to main content

Cloud Computing 2013: Cut Through the Fluff & Tackle the Critical Stuff


Speaker(s): David S. Bloch, Heidi Salow, Janine Anthony Bowen, Jon Neiditz, Joseph V. DeMarco, Mary Ellen Callahan, Merri A. Baldwin, Perry Robinson, Rachel Beth Evans, Steven V. Hunter, Tanya L. Forsheit
Recorded on: Jun. 10, 2013
PLI Program #: 42140

Merri Baldwin is a shareholder at Rogers Joseph O’Donnell in San Francisco, where her practice focuses on attorney liability and commercial litigation. She handles claims of legal malpractice and breach of fiduciary duty, as well as motions to disqualify and for sanctions. She regularly counsels lawyers and law firms on legal ethics and law practice management issues. She represents attorneys in disciplinary matters before the State Bar of California, and has extensive experience handling attorney-client fee disputes. Ms. Baldwin is a past chair of the State Bar of California Committee on Professional Responsibility and Conduct. She is a co-chair of the Legal Malpractice subcommittee for the American Bar Association Litigation Section Committee on Professional Services Litigation. Ms. Baldwin served as the President of the Bar Association of San Francisco for 2017. Ms. Baldwin frequently lectures to attorneys and professional organizations on issues related to litigation, legal malpractice and ethics issues, and she is a lecturer at the University of California at Berkeley School of Law, where she teaches professional responsibility. Ms. Baldwin co-edited The Law of Lawyers’ Liability (ABA/First Chair Press 2012) and has served as a consulting editor for the Attorney Fee Agreement Forms Manual, published by Continuing Education of the Bar, California. Prior to law school, Ms. Baldwin was a Fulbright Scholar at the London School of Economics.

Education

J.D., University of California at Berkeley,
School of Law (Boalt Hall)

B.A., Smith College
Magna Cum Laude with high honors


David S. Bloch is an intellectual property litigator focused on helping clients understand the complex technical and legal issues that their businesses face. David litigates patent infringement, trademark, and trade secrets cases for clients in the financial services, technology (networking), health care, and pharmaceutical industries. A prolific writer, David is the author of IP and Technology in Government Contracts (now in its fourth edition) and many articles on IP-related issues.


Heidi Salow is an expert in privacy and data security, intellectual property, e-commerce and global data protection laws, having focused on these areas for well more than a decade. 

Heidi has extensive experience in matters involving privacy, data security, intellectual property, e-commerce, social media, online copyright liability and protection, trademark law, mobile technology and mobile applications, legal risks associated with various website offerings, vendor management, records retention, data loss prevention, data classification methodologies, regulatory/legislative advocacy, legal compliance, risk management, corporate governance and corporate brand strategy. Heidi has spent most of her career in private practice at global law firms. In addition, she was one of the first members of Sprint Nextel's Office of Privacy, where she handled complex privacy, data security and intellectual property matters for four years. In addition to compliance counseling, her experience includes legislative advocacy, public policy and negotiating intellectual property licensing, outsourcing, cloud computing and partnership agreements. Heidi has represented numerous companies on regulatory, legislative and public policy matters before Congress, the Administration, and U.S. federal and state agencies.



Janine Anthony Bowen's technology-focused practice is on the front lines of innovation. An industrial engineer and forward-thinking counsel, she has earned a solid reputation for her aptitude with technology and intellectual property agreements, privacy and data protection, cloud computing, mobile commerce, and licensing and acquisition -- areas that benefit from her impressive background, including serving as a program manager at IBM and a senior consultant at Accenture. Her comfort with complex issues makes Janine a trusted advisor for clients negotiating technology-related deals with Fortune 500 companies, as well as those in need of intelligent analysis, cost control, strategic growth advice and thought leadership.

Janine's clients aren't the only ones who've taken notice of her strengths: In 2017, she became the first woman to receive the highest honor bestowed by Clemson University's College of Engineering, Computing and Applied Sciences, when she was inducted into the Thomas Green Clemson Academy of Engineers and Scientists.

Select Experience

  • Serving as lead counsel for a $100M ERP software and cloud services acquisition.
  • Serving as lead counsel for a $125M education technology and services business.
  • Serving as lead technology counsel on a $75 million ERP application management outsourcing.

Recognitions

  • The Best Lawyers in America© (2018)
    • Atlanta: Technology Law
  • Thomas Green Clemson Academy of Engineers and Scientists: Inductee (2017)
  • Clemson Alumni Association Distinguished Service Award (2016)
  • Leadership Atlanta: Class of 2011
  • Leadership Georgia: Class of 2009
  • Georgia Trend Magazine, "Legal Elite" (2008)
  • CloudU Certificate


Joseph V. DeMarco is a partner at DeVore & DeMarco LLP where he specializes in counseling clients on complex issues involving information privacy and security, theft of intellectual property, computer intrusions, on-line fraud, and the lawful use of new technology. His years of experience in private practice and in government handling the most difficult cybercrime investigations handled by the United States Attorney’s Office have made him one of the nation’s leading experts on Internet crime and the law relating to emerging technologies.

From 1997 to 2007, Mr. DeMarco served an Assistant United States Attorney for the Southern District of New York, where he founded and headed the Computer Hacking and Intellectual Property Program, a group of five prosecutors dedicated to investigating and prosecuting violations of federal cybercrime laws and intellectual property offenses. Under his leadership, cybercrime prosecutions grew from a trickle in 1997 to a top priority of the United States Attorney’s Office, encompassing all forms of criminal activity affecting e-commerce and critical infrastructures including computer hacking crimes; transmission of Internet worms and viruses; electronic theft of trade secrets; illegal use of “spyware”; web-based frauds; unlawful Internet gambling; and criminal copyright and trademark infringement offenses. As a recognized expert in the field, Mr. DeMarco was frequently asked to counsel prosecutors and law enforcement agents regarding novel investigative and surveillance techniques and methodologies, and regularly provided advice to the United States Attorney concerning the Office’s most sensitive computer-related investigations. In 2001, Mr. DeMarco also served as a visiting Trial Attorney at the Department of Justice Computer Crimes and Intellectual Property Section in Washington, D.C., where he focused on Internet privacy, gaming, and theft of intellectual property.

Mr DeMarco is on the panel of approved neutrals of the American Arbitration Association (AAA) where he focuses on resolving disputes between businesses involving data privacy, high-technology and commercial law issues.  He speaks frequently on the benefits of ADR in the area of data security and privacy litigation.

Since 2002, Mr. DeMarco has served as an Adjunct Professor at Columbia Law School, where he teaches the upper-class Internet and Computer Crimes seminar. He has spoken throughout the world on cybercrime, e-commerce, and IP enforcement. He has lectured on the subject of cybercrime at Harvard Law School, the Practicing Law Institute, the National Advocacy Center, and at the FBI Academy in Quantico, Virginia, and has served as an instructor on cybercrime to judges attending the New York State Judicial Institute.

Prior to joining the United States Attorney’s Office, Mr. DeMarco was a litigation associate at Cravath, Swaine & Moore in New York City, where he concentrated on intellectual property, antitrust, and securities law issues for various high-technology clients. Prior to that, Mr. DeMarco served as law clerk to the Honorable J. Daniel Mahoney, United States Circuit Judge for the Second Circuit Court of Appeals.

Mr. DeMarco holds a J.D. magna cum laude from New York University School of Law. At NYU he was a member of the NYU Law Review. He received his B.S.F.S. summa cum laude from the Edmund A. Walsh School of Foreign Service at Georgetown University.  Mr. DeMarco is active in numerous professional associations including the:

  • International Bar Association (Technology and Litigation Sections);
  • International Association of Korean Lawyers (Regional Governor, New York Region);
  • New York State Bar Association, ADR Section;
  • New York State Bar Association, Commercial and Federal Litigation Section (Co-chair, Internet and IP Committee, 2009-present);
  • Connecticut Bar Association;
  • Fairfield County (CT) Bar Association;
  • New Haven County (CT) Bar Association;
  • New York City Bar Association (Co-Chair, Information Technology Law Committee; Past
  • Member, Copyright Committee); and
  • The Copyright Society of the U.S.A.

Mr. DeMarco is a Martindale-Hubbell AV-rated lawyer for Computers and Software, Litigation and Internet Law, and is also listed in Chambers USA: America’s Leading Lawyers for Business guide as a leading lawyer nationwide in Privacy and Data Security. He has also been named as a “SuperLawyer” for his expertise and work in the area of Intellectual Property Litigation. He has published numerous articles and appeared on major news programs in his practice areas; is a member of the Professional Editorial Board of the prestigious Computer Law and Security Review (Elsevier); and serves on the Board of Advisors of the Center for Law and Information Policy at Fordham University School of Law.

Mr. DeMarco has received numerous professional awards, including the U.S. Department of Justice Director’s Award for Superior Performance, as well as the Lawyer of Integrity Award from the Institute for Jewish Humanities. In his spare time he enjoys parenting, golf, and listening to classical piano.


Position/Title: Partner / Co-leader of Cybersecurity, Privacy and Data Governance Practice

 

Firm or Place of Business: Kilpatrick Townsend & Stockton LLP
 

Primary Areas of Practice: Cybersecurity, Privacy and Data Governance Law School/Graduate School: Yale Law School

Work History: Jon Neiditz co-leads the Cybersecurity, Privacy and Data Governance Practice at knowledge asset protection law firm Kilpatrick Townsend & Stockton LLP, is listed as one of the Best Lawyers in America® in Information Management Law and has just been listed as the 82nd most influential person in the world in data security (which simply must be wrong). One of the first lawyers to focus broadly on data governance and knowledge asset protection, Jon helps clients anticipate and obviate information risks, appropriately monetize information, comply with information laws, and contain, prevent harm from and obtain coverage for incidents. Jon blogs at datalaw.net and linkedin.com/in/informationmanagementlaw, and tweets as @jonneiditz.

 

Professional Memberships:

 

Board of Advisors, Privacy + Security Forum

 

Co-Chair, ITechLaw Data Protection Committee

 

Privacy & Consumer Protection Editorial Advisory Board, Law360 Privacy Editorial Board, eHealth Law & Policy

IAPP (International Association of Privacy Professionals)


Primary Areas of Practice: Cloud Computing, Privacy, Commercial Contracts, Marketing, Public Policy        

Law School/Graduate School: Baylor Law School          

Work History:

Rackspace 2007 – present
The Performance Companies/ TPC Mgmt 2005-2007        
Martin Drought & Torres 2004-2005

Professional Memberships:

State Bar of Texas
IAPP- CIPP Designation


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.


Steven V. Hunter is a trial lawyer representing companies in all phases of litigation and alternative dispute resolution, including discovery, "e-discovery," motions practice, arbitration (international and domestic), mediation, jury trials, bench trials, and appeals.  He represents financial institutions and borrowers in single-lender and syndicated loan disputes, including the recovery of (sometimes "exotic") collateral. 

Mr. Hunter has a broad commercial litigation practice, but he has significant experience representing:

  • Financial institutions and borrowers in single-lender and syndicated loan disputes, including the recovery of (sometimes "exotic") collateral.
  • Manufacturers, engineers and designs in myriad domestic and international business disputes. 
  • Athletes, entertainers and entrepreneurs in myriad personal and business disputes ranging from probate to corporate dissolution (a.k.a. "business divorce") to government investigations. 

Mr. Hunter is a graduate of Brown University (Economics) and the Georgetown University Law Center.  He is admitted to practice in Illinois and New York. 

Mr. Hunter is a Chicago Business Leader of Color (2017), Illinois SuperLawyer (Business Litigation) (2014-present), Illinois State Bar Association Young Lawyer of the Year (2012) and Chicago Bar Association's "Exceptional Young Lawyer" (2006).

 


Widely considered one of the country’s top privacy and data security lawyers, Tanya Forsheit has advised on high-profile matters involving confidential data and other sensitive information for over 20 years. Ms. Forsheit is Chair of Frankfurt Kurnit Klein & Selz’s Privacy & Data Security Group and Supervising Partner of the Los Angeles Office. She advises on the protection, processing and monetization of data, including matters related to interest-based advertising, privacy policies, mobile apps, cloud computing, smart devices, and data analytics.

Ms. Forsheit has advised on hundreds of information technology deals and transactions on behalf of both service providers and enterprise purchasers, including multilayered AdTech and cloud computing agreements. She is routinely called upon to help clients respond to time-sensitive security events and has advised on hundreds of such incidents. She has worked with dozens of multinational clients on the compliance requirements of the EU General Data Protection Regulation, and is currently representing dozens more in preparing for, and addressing the policy implications of, the California Consumer Privacy Act, taking effect in January 2020. 

The Legal 500 praised her in the 2019 edition as “incredibly responsive” and “everything you could ask for in an outside counsel.” The Daily Journal named her as one of the top 20 Cyber attorneys in California in its inaugural 2018 list, and has twice included her in its list of "Top Women Lawyers." She was one of three finalists for the Los Angeles Business Journal’s Cybersecurity Lawyer of the Year recognition in 2017.

Ms. Forsheit lectures widely on technology law topics and has been quoted on privacy and data security in publications such as the Wall Street Journal, Los Angeles Times, Forbes, ComputerWorld, Venture Beat, and Law360. She is currently an Adjunct Professor at Loyola Law School.

The International Association of Privacy Professionals (IAPP) has certified Ms. Forsheit as both an Information Privacy Professional (CIPP/US) and Privacy Technologist (CIPT). She sits on the Advisory Council of the Center for Democracy & Technology (CDT). Ms. Forsheit is a past President of the Women Lawyers Association of Los Angeles.


Mary Ellen Callahan, Chair of Jenner & Block’s Privacy and Information Governance Practice, has unique and broad experience with interfacing the protection of privacy with cybersecurity and national security issues. A nationally recognized privacy attorney with over a decade of outside counsel experience, she served as Chief Privacy Officer of the U.S. Department of Homeland Security from 2009 until August 2012. She is a prolific writer and speaker on cutting edge commercial privacy issues.