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Outsourcing 2013: Sourcing Critical Services


Speaker(s): Adam S.T. Behar, Brad L. Peterson, Danny Ertel, Gabriel Stern, Jeffrey D. Osterman, Jennifer Connors, John F. Delaney, Jon Lightman, Jon Neiditz, Kenneth A. Mendelson, JD, CISSP, CIPP, Madhavi Tandon Batliboi, Mark W. Heaphy, Michael S. Mensik, Rebecca S. Eisner, Vivian A. Maese, William A. Tanenbaum, William Scott
Recorded on: Oct. 28, 2013
PLI Program #: 42617

Mark Heaphy is the chair of Wiggin and Dana's Technology and Outsourcing Group and Co-Chair of the India Practice Group.  His practice focuses on all aspects of the sourcing and procurement process, from initial RFP through implementation and beyond.  Mark has broad experience across a variety of industry sectors, including financial services, healthcare, insurance, life-sciences, manufacturing, telecommunications and utilities.

Mark helps clients structure, negotiate and document domestic, near-shore and off-shore, commercial relationships related to complex, global, outsourcing strategies and the development, distribution, customization, implementation, support and management of technology solutions.  He has represented hundreds of customers and suppliers in sole-sourced and competitively-bid, sourcing transactions, including business-process and information technology outsourcing arrangements, software licensing and distribution transactions, technology development and systems integration agreements, software support and other professional services transactions, joint ventures and strategic alliances, cross-border technology transfers and electronic commerce and other internet-related matters.

Mark routinely assists clients in diverse industries navigate rapidly-evolving, domestic and international, privacy and security regulations, including HIPAA, GLBA and the EU Privacy Directive.  He frequently lectures on legal topics related to outsourcing, licensing and privacy issues and serves as an adjunct professor at the Quinnipiac School of Law, where he teaches computer law and the law of cyberspace.

Mark graduated Phi Beta Kappa from the College of William and Mary with a Bachelor of Arts degree in philosophy and international relations.  He earned a Master of Arts degree in international relations from Yale University and a Juris Doctor degree from the University of Virginia School of Law.  He is a member of the American Bar Association's sections of International Law and Practice, Intellectual Property Law, and Science and Technology.


Primary Areas of Practice: Sourcing Advisory

Law School/Graduate School: University of the West of England, Bristol

Work History:

Mr. Lightman heads up ISG's Life Sciences practice.  He advises ISG clients on all aspects of the services lifecycle from initial strategy through design and build of governance organizations.  As a qualified English attorney he initially focused on the transactional activities and still maintains deep SME knowledge relating to structuring and negotiation of contracts.  His experience includes over 50 ISG engagements whose scope comprised ITO, BPO, FSO and KPO elements and has also assisted clients in developing enterprise vendor management functions, in many cases on a global basis.  He has supported clients in over 10 countries and is based in New York City.


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.


Adam S. T. Behar is the General Counsel of Broadridge Business Process Outsourcing, LLC. (“Broadridge BPO”), and a VP and Assistant General Counsel of Broadridge Financial Solutions, Inc. (“Broadridge”).   Mr. Behar is responsible for the legal and compliance functions at Broadridge BPO.  Mr. Behar has been an attorney with Broadridge (formerly the Brokerage Services Group of Automatic Data Processing, Inc.) for over nineteen years and has been with Broadridge BPO since its acquisition by ADP in November 2004.  Mr. Behar has been instrumental in introducing an innovative cost-effective operations outsourcing offering to the securities brokerage industry which allows self-clearing brokerage firms to outsource many of their labor-intensive administrative operations functions to Broadridge BPO.

Prior to joining Broadridge/ADP, Mr. Behar practiced at the law firm Cravath Swaine & Moore in New York City for over six years.


Danny Ertel is a founding partner of Vantage Partners, where his practice focuses on helping buyers and providers launch, manage (and when necessary, remediate) outsourcing relationships.

Danny has written four books, the latest of which is The Point of the Deal: How to Negotiate when Implementation Matters. Danny was previously a partner at Conflict Management, Inc., a senior researcher at the Harvard Negotiation Project, an attorney with Debevoise & Plimpton, and a clerk to the Hon. Justice Harry A. Blackmun of the US Supreme Court.

Danny is a magna cum laude graduate of Harvard College and Harvard Law School.




Jeffrey Osterman is a partner in Weil’s Technology & IP Transactions practice and concentrates on matters with deep commercial or technical complexity. He has had extensive experience with pure patent licensing, technology transfer, outsourcing, technology integration, content licensing and merchandising.

Mr. Osterman recently advised Sanofi in its worldwide exclusive licensing agreement with MannKind Corporation to develop and commercialize Afrezza (insulin human) Inhalation Powder; Verizon in connection with the acquisition of cloud TV technology from Intel; Lenovo in connection with the acquisition of Motorola Mobility from Google; and Mubadala and Sony/ATV in connection with the proposed $2.2 billion acquisition of EMI Music Publishing. Mr. Osterman also regularly represents Panasonic in connection with a wide variety of transactional matters involving consumer electronics and GE in connection with the IP aspects of numerous corporate transactions. He also counsels clients with respect to their rights under existing agreements and the development of new technologies.

Mr. Osterman lived in Japan from May 1997 to May 1998 where he worked in-house on loan to the headquarters of Panasonic Corporation.

Mr. Osterman is a member of the State Bar of New York and is admitted to practice before the United States Patent and Trademark Office. He has appeared on national television and lectured on intellectual property, electronic privacy and e-commerce throughout the United States and on U.S. intellectual property and contract law in Japan. He is also the Vice Chair of the IP Licensing Committee of the Intellectual Property Owners’ Association and is active in the open source legal community.

Mr. Osterman has received a number of awards for his expertise including being ranked by Chambers USA and Chambers Global as a national and global leader in the technology and outsourcing fields and by Legal 500 as a leading lawyer in the field of intellectual property. He is also recognized as an “IP Star” by Managing Intellectual Property’s IP Stars for Copyright, Counselling and Licensing, by Best Lawyers in America for Information Technology Law and in IAM Patent 2014.

Education

Harvard Law School (J.D., cum laude, 1995)

Cornell University (B.A., cum laude, 1992)


Jennifer A. Connors
General Counsel and Chief Compliance Officer, REDI Global Technologies LLC

Ms. Connors serves as the General Counsel and Chief Compliance Officer of REDI Global Technologies LLC, a leading provider of execution management technology to institutions and broker dealers and a FINRA member firm.  Ms. Connors previously served as the Head of Brokerage Compliance for E*TRADE Financial as well of the Head of Compliance for the Equities Division of Lehman Brothers.  Ms. Connors has held a variety of senior legal, compliance and regulatory roles in technology-oriented financial services firms including ITG, BNY Convergex and Nomura Securities.  Throughout her career, Ms. Connors has actively participated in various securities industry regulatory and advocacy groups and counseled a number of start-up firms focused on electronic communications, electronic trading and process management services.  Ms. Connors graduated from Fordham Law School where she received her J.D. and  the State University of New York at Albany with a B.A., summa cum laude.


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:  Internet/Technology/Commercial Law

Law School:  University of Southern California
Graduate School:  Marshall School of Business, USC

Work History:  salesforce.com; White & Case

Professional Memberships: NY and CA Bar Associations


Rebecca Eisner is a member of the Global Management Committee for the firm and previously served as a member of the Global Partnership Board and as Partner-in-Charge of the Chicago office.  She has over 25 years of experience representing clients in hundreds of matters in three main areas: outsourcing, emerging technologies, and data privacy and security.

In outsourcing, Rebecca has represented clients in many industries in complex global technology and business process outsourcing transactions of all types. She also has experience with re-structuring and re-negotiating outsourcing transactions, in-sourcing, managing acquisitions and divestitures in outsourcing transactions, and termination of outsourcing arrangements, and other strategic sourcing relationships. In emerging technologies, Rebecca has advised clients negotiating with emerging technology providers on private and public cloud SaaS, PaaS and IaaS agreements and on appropriate regulatory, risk management, privacy, data protection, data use and analytics and licensing terms for cloud contracts. She has also represented clients in data acquisition and data analytics agreements. In traditional technology transactions, Rebecca has extensive experience in software development, robotic process automation and artificial intelligence agreements, database licensing and use agreements, ERP implementations, systems integrations, hosting and data center agreements and hardware acquisition and maintenance agreements. In security and data privacy, Rebecca regularly advises clients in global data transfers and privacy issues, privacy assessments, privacy compliance, and appropriate security and privacy measures in supply chain and third party contracting. She also advises on e-commerce issues, such as electronic contracting and signatures, and web site design and review. Rebecca is recognized as one of the leading lawyers in the outsourcing field by Chambers Global (“1” ranking in Outsourcing), Chambers USA (“1” ranking in “Nationwide: Outsourcing” and “Illinois: Technology & IT Outsourcing”) and Legal 500 (recognized in “Technology Outsourcing”). Best Lawyers named Rebecca as its Chicago Technology Lawyer of the Year for 2015. Profiles in Diversity Journal have named her a “Woman Worth Watching”.


Vivian Maese is Co-chair of Latham & Watkins’ Financial Institutions Industry Group and FinTech Industry Group, and is a member of the Corporate Department.  Ms. Maese was named a Top 10 Innovative Individual in the Financial Times North America Innovative Lawyers 2016 report.  Ms. Maese brings more than 25 years of Wall Street experience to her practice, advising Tier 1 banks, emerging FinTech companies and investors on innovative and complex transactions at the intersection of financial services, technology and regulation (FinTech & RegTech).  Prior to joining Latham, Vivian held Senior Managing Director and General Counsel positions at Morgan Stanley, the New York Stock Exchange, BIDS Trading, Citigroup, and Salomon Brothers Inc., where she began her career as one of the first tech lawyers on Wall Street.

To view Vivian’s complete bio, please visit https://www.lw.com/people/vivian-maese.


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.


Kenneth A. Mendelsohn, JD, CISSP, CIPP

Primary Areas of Practice: (DOES NOT PRACTICE LAW) – Digital Forensics, Investigations, Data Breach Response, Security Risk Consulting, Compliance

Law School/Graduate School:  Boston University Law School, JD, 1989

Work History:

  • Current Position – Since September, 2002
  • Director of Business Development and Counsel, SSP Solutions, Inc., 2001-2002
  • Director, Global Accounts & Policy, TriStrata, Inc., 1998-2001
  • Corporate Counsel, Trusted Information Systems, 1995-1998
  • Counsel, U.S. House of Representatives Committee on the Judiciary, 1993-1995
  • Investigative Counsel, U.S. Senate Select Committee on POW/MIA Affairs, 1992-1993
  • Associate, Kaye Scholer, 1989-1992

Professional Memberships:

CISSP - Certified Information Systems Security Professional
CIPP - Certified Information Privacy Professional
QSA - Qualified Security Assessor
PCIP - PCI Professional


Maddy heads up the North America (and India) commercial music legal team at Facebook.  In this role, she and her team work on music deals for Facebook, including with labels, publishers, collection societies and distribution partners. 

Maddy has a JD from Columbia Law School and a bachelor’s degree in Economics from Brandeis University. Prior to Facebook, Maddy was a commercial counsel on the music legal team at Google.  Maddy started her career as an associate at Morrison & Foerster LLP, specializing in technology and content deals.


William A. Tanenbaum is recognized as one of the Who’s Who Legal “Thought Leaders Global Elite” and is ranked in top tiers by ChambersLegal500Best Lawyers and Who’s Who Legal in technology, outsourcing, IP and data law.  Bill is a shareholder in the 40-lawyer Technology Transactions & Data Privacy Practice at Polsinelli, an AmLaw 100 firm with 850 lawyers in 22 cities.  He is the Practice Co-Chair of the Health Care Technology & Innovation Group, which is the second largest of its kind in the country.  Polsinelli was named as the 2018 Health Care Firm of the Year by US News & World Report, and its Health Care Practice is the largest in the country.  

Bill’s practice includes the Industrial Internet of Things, Body Area Networks, AI, Machine Learning, Natural Language Processing and data analytics, including data generated by networks of sensors and created by machines, as well as technology and IP transactions, and he leads teams that serve as IP counsel and as health care counsel in technology and M&A transactions.  Health Care is an early adopter of IoT and data analytics, and clients call upon Bill to use leading practices from that industry in other industries.  

Bill is a past President of the International Technology Law Association and was previously named as the IT Lawyer of the Year in New York by US News & World Report.  Clients and legal researchers find that “he has expertise in technology transactions that puts him at the very top tier of the market [and] he is a font of knowledge on creating new IT structures,” (Who’s Who Legal) and “that he brings extremely high integrity, a deep intellect, fearlessness and a practical, real-world mindset to every problem,” “provides savvy, zealous representation,” and understands the market and uses his expertise to help [clients] successfully navigate negotiations” (Chambers).  Bill is a graduate of Brown University (Phi Beta Kappa), Cornell Law School and the Bob Bondurant School of High Performance Driving.

 


Michael Mensik is a partner with Baker & McKenzie LLP and a founding member of the firm’s Global Information Technology/Communications Law practice. Ranked as a leading Technology and Outsourcing attorney by Chambers, Mr. Mensik is described as “an expert in a variety of topics and knows the best person in every office around the world for your situation.” In 2009, he was inducted into the International Association of Outsourcing Professionals’ “Outsourcing Hall of Fame.”

Mr. Mensik was born in Buenos Aires, Argentina, and resided in Rio de Janeiro, Brazil, until 1964. He attended Stanford University (B.A., Economics, with distinction, 1976) and the University of California at Berkeley, Boalt Hall (J.D. and M.A., Economics, 1980). While a student, Mr. Mensik attended Pontificia Universidad Católica del Per? in Lima, Peru. He spent several years working at the firm's Madrid office in the 1980's. He is admitted to practice law in Illinois.


William Scott is a graduate of Dartmouth College and Columbia Law School and spent 7 years in private practice before moving in-house at a small software company that develops data management platforms for financial institutions.  He then joined the Technology and Intellectual Property Law group at JPMC in 2009.  His work focuses primarily on negotiating technology procurement and outsourcing agreements and advising clients on technology and IP issues.