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Tracking and Targeting Customers and Prospects Online, on Mobile Devices, and in Social Media 2014


Speaker(s): Alan Chapell, D. Reed Freeman, Jr., Justin B. Weiss, Marc M. Groman, MeMe Jacobs Rasmussen, Monique N. Bhargava, Scott A. Kamber, Shane Wiley, Ted Lazarus, CIPP, Tiffany Cheung
Recorded on: Nov. 11, 2014
PLI Program #: 50574

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.


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


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.   

 


Marc Groman is a widely respected expert on privacy, technology and policy.  He experience in this area is unique,  having engaged with privacy issues for 15 years and from nearly every angle – CEO of an industry trade association, government litigator, senior policy advisor, compliance officer, and legislative staff.

Most recently, Marc served as the President and CEO of the Network Advertising Initiative where he led NAI's efforts to develop and enforce best practices for the online advertising industry.  Prior to joining the NAI, Marc served as the FTC's first chief privacy officer, where he built an award-winning privacy program from the ground up. In 2009 and 2010, he served as counsel on the Energy and Commerce Committee in the U.S. House of Representatives. While on the Committee, Marc drafted a significant consumer privacy bill and shepherded data security and breach notification bills through passage in the House.

Marc's decade-long FTC career also included positions as counsel to the director of the Bureau of Consumer Protection and staff attorney in the Division of Marketing Practices. As counsel, Marc advised the bureau director on a wide range of consumer privacy issues, including online advertising, children’s privacy, data security, email marketing, spyware, identity theft, and international privacy. In Marketing Practices, he litigated a number of high-profile FTC enforcement actions and received multiple awards for his efforts to help develop the FTC's Internet fraud program.

Marc started his legal career in the private sector as a litigation associate with Peabody and Arnold LLP in Boston, Massachusetts.

Marc received a B.A. magna cum laude in international relations from Tufts University and a J.D. cum laude from Harvard Law School. He is a Certified Information Privacy Professional and a member of the Board of Directors of the International Association of Privacy Professionals. Marc also served on the Board of Directors of the Digital Advertising Alliance for just over three years.


MeMe Jacobs Rasmussen is chief privacy officer, vice president, and associate general counsel at Adobe. In her role, Jacobs Rasmussen oversees Adobe’s privacy strategy and policy. She also leads a team of attorneys and paralegals with responsibility for providing legal services to Adobe’s cloud teams.

Prior to joining Adobe in 1997, Jacobs Rasmussen served as general counsel and later chief operating officer at Rocket Science Games. Previously, she practiced law at Gray Cary Ware & Freidenrich in Palo Alto, California, and at Foley, Hoag & Eliot in Boston. Jacobs Rasmussen started her career in the early 80s as a technical instructor at Prime Computer near Boston before joining the company’s in-house legal department.

Jacobs Rasmussen is a member of the California bar. She holds a law degree from Suffolk University and a bachelor’s of science degree in computer science from the University of Vermont.

Adobe is changing the world through digital experiences. For more information, visit www.adobe.com.


Monique Bhargava is an associate in the advertising, marketing, and privacy group. She advises clients in a broad spectrum of industries with respect to advertising, consumer promotions/marketing, trademark, copyright, data privacy, domain name, and other intellectual property matters relating to the entertainment and media sector.

Ms. Bhargava works closely with clients to develop practical and business-minded solutions to help clients achieve their goals while navigating legal risks. She has significant experience in the areas of advertising and marketing law, and assists both agencies and advertisers with all aspects of advertising clearance/claim substantiation, from concept to completion. She also has extensive experience negotiating talent agreements, sponsorships, and licensing agreements.

Ms. Bhargava regularly works with clients to structure legally compliant consumer incentives and programs, such as sweepstakes, contests, gift cards incentives, telemarketing, loyalty programs, email campaigns, and cause marketing campaigns. She also counsels clients on the use of new technologies and media, including e-commerce, mobile marketing and applications, social media, and user-generated content.

Ms. Bhargava’s experience includes data privacy and security matters, particularly as it intersects with consumer advertising and marketing matters. She routinely helps clients comply with the continuously changing landscape of consumer privacy and works with clients to develop internal and consumer facing privacy policies and practices, including with respect to mobile privacy, data collection and use, and targeted advertising. Ms. Bhargava also assists clients in developing and executing data breach response plans, as well as advising on data security, use, and sharing practices.

In addition, Ms. Bhargava counsels and represents clients in false advertising, copyright, and trademark litigation and disputes as well as in matters before the National Advertising Division. Ms. Bhargava’s experience extends to UDRP proceedings, domain name management and enforcement, and new gTLD strategies.

Ms. Bhargava received a B.A. in Political Science and Molecular Cell Biology with an emphasis in Neurobiology in 2004 from the University of California at Berkley. She received her J.D., magna cum laude, in 2008 from the University of Illinois College of Law, where she was symposium editor of the University of Illinois Law Review.


Scott A. Kamber is the founding member of KamberLaw, the leading plaintiffs’ firm to focus on individual rights in the digital age.  Serving a global client base with lawyers across the United States, Mr. Kamber has led the successful resolution of dozens of high–impact litigations, including In re Blue BuffaloLane v. Facebook and in re Flash cookies. Currently, Mr. Kamber leads numerous litigations arising from various web technologies, wrongful use of deep packet inspection technologies, web-centric violations of Lanham Act, website accessibility and the rights of children on the internet. Mr. Kamber has extensive courtroom and trial experience.

Mr. Kamber’s efforts in Internet privacy rights began in the 1990s when he resolved what is believed to be the first Internet privacy case to recover a benefit for impacted class members. His interest in consumer rights and technology extends to new media, and he has led standard-setting litigations and resolutions involving digital rights management software for computer software, video games, and music. Mr. Kamber is a frequent speaker on these issues in the United States and abroad, of note He was a keynote speaker for the IAPP annual conference and a panelist at the International Conference of Data Protection and Privacy Commissioners where he spoke on the topic of coordinating private class actions with government enforcement. 

Mr. Kamber graduated cum laude from the University of California Hastings College of the Law in 1991 where he was Order of the Coif, Articles Editor for the Hastings Constitutional Law Quarterly and a member of the Moot Court Board. He graduated with University and Departmental Honors from The Johns Hopkins University in 1986. He is admitted to practice before the United States Supreme Court, the State of New York and the District of Columbia, as well as the United States Courts of Appeals for the Second, Eighth and Ninth Circuits, and several United States District Courts.

 


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. 


Chapell began his career at a boutique direct marketing agency in Stamford, Connecticut in the early 1990’s. After several years at the agency, Chapell took a sabbatical in Mumbai, India. Upon returning to the U.S. in 1996, Chapell moved to New York City and to Jupiter Research, an Internet research firm focusing on the consumer Internet economy. During his 4-1/2 years at Jupiter, Chapell also attended Fordham University School of Law where he focused on human rights and European Union Law.

Alan is the President of Chapell & Associates, a consulting firm that helps marketers build customer trust through responsible privacy practices. Chapell founded Chapell & Associates in October of 2003. Since then, his firm has helped over 100 media and technology companies craft their privacy and data strategy. He was appointed as privacy ombudsman by the U.S. Trustees Office in many of the largest bankruptcy cases in our nations history; including General Motors and Chrysler. In addition to his work as Vice Chairman of the board of the Network Advertising Initiative, Chapell is Co-Chairman of the Mobile Marketing Association’s (MMA) Privacy Committee, a member of the Digital Advertising Alliance (DAA) advisory board, a member of the World Wide Web Consortium (W3C), International Association of Privacy Professionals (IAPP) and a prolific writer and sought after speaker on interactive marketing topics.


Tiffany Cheung is the chair of the firm’s Consumer Class Actions practice group. Her practice focuses on defending consumer class actions, and includes federal, state, and multidistrict complex litigation. She has successfully defended clients in disputes involving the Telephone Consumer Protection Act (TCPA) and various unfair competition, consumer fraud, and antitrust laws in federal and state courts throughout the United States.  In addition, she has represented clients in investigations and actions brought by government officials, including the Federal Communications Commission and various state attorneys general. Her clients span a wide range of industries, including the pharmaceutical, retail, and technology industries.

Ms. Cheung has spoken on topics regarding key developments in class action privacy litigation and has authored numerous legal updates concerning consumer litigation.

Ms. Cheung earned her B.A. from the University of California, Berkeley with high honors and was a member of Phi Beta Kappa. She received her J.D. from the University of California, Boalt Hall School of Law in 2000, where she was editor-in-chief of the Asian Law Journal.  From 2000 to 2001, she was a judicial clerk for the Honorable Marian Blank Horn of the United States Court of Federal Claims. She was also a judicial clerk for the Honorable Susan R. Bolton of the United States District Court for the District of Arizona from 2001 to 2002.

Education

University of California, Berkeley (B.A., 1997)

University of California, Berkeley, School of Law (J.D., 2000)

Publications

  • “The FCC’s New TCPA Rule Set to Take Effect,” Morrison & Foerster’s Out of the Box Newsletter, September 2013.
  • “FCC Rules that Opt-Out Confirmation Text Messages Do Not Violate the TCPA,” Morrison & Foerster Client Alert, December 7, 2012
  • “Light at the End of the Tunnel for Some Defendants Under the Telephone Consumer Protection Act,” Morrison & Foerster Client Alert, December 3, 2012
  • “Supreme Court Opens the Federal Court Doors to TCPA Claims,” Morrison & Foerster Client Alert, January 18, 2012
  • “Supreme Court Rejects Massive Employment Class Action: Wal-Mart Stores, Inc. v. Dukes,” Morrison & Foerster Client Alert, June 21, 2011

Speaking Engagements

  • “Standing Issues in Internet Privacy Cases,” IAPP KnowledgeNet, Palo Alto, CA, September 19, 2014
  • “Quarterly Antitrust and UCL Update,” State Bar of California, Antitrust and Unfair Competition Law Section, webinar, April 16, 2014
  • “Class Action for Attorneys: Hot Topics in 2012,” The Knowledge Congress teleseminar, September 24, 2012
  • “Drafting Pleadings, Jurisdiction, Venue & Service of Process,” Continuing Education of the Bar, March 4, 2011, San Francisco, California