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Social Media 2014: Addressing Corporate Risks


Speaker(s): Albert Gidari, Andrew P. Bridges, Anthony Falzone, Ben Petrosky, Christine E. Lyon, Gerard M. Stegmaier, John F. Delaney, Jonathan H. Blavin, Lisa T. Oratz, Michelle Sherman, Sharon Williamson, Susan Cooper
Recorded on: Feb. 10, 2014
PLI Program #: 50861

Albert Gidari is a partner at Perkins Coie LLP where he represents a broad range of companies on privacy, security, Internet, electronic surveillance and communications law. His practice also includes both civil and criminal litigation, investigations and regulatory compliance counseling.

Privacy

Mr. Gidari is a nationally recognized privacy lawyer. In 2011, he negotiated the first-ever "privacy by design" consent decree with the Federal Trade Commission on behalf of Google Inc., in regard to the company's Buzz social networking service.  The Consent Decree was the first FTC Privacy and EU Safe Harbor settlement and the first to include a comprehensive privacy program to implement the Decree.  He also successfully settled claims relating to Google Buzz in a multi-district class action filed in federal court.

From 2010 to present, Mr. Gidari also has successfully represented Google in regard to its WiFi collection activities via Streetview, defending the company before the U.S. Department of Justice, Federal Trade Commission, Federal Communications Commission, a multi-state Attorney General inquiry, and globally in response to inquiries from Data Protection Authorities and other agencies. 

His earlier successes include successfully defending Google in response to the 2009 FTC Cloud Computing inquiry in 2008 and in 2006 against a Department of Justice subpoena seeking billions of customer search queries and Web pages from Google search in Gonzales v. Google, 234 F.R.D. 674 (N.D. CA 2006).

Within the communications industry, Mr. Gidari is a recognized authority on the use, disclosure and access to Customer Proprietary Network Information or “CPNI” Mr. Gidari has represented numerous wireless carriers and CTIA-the Wireless Association before Congress, the Federal Communications Commission and state agencies in responding to proposed new rules to combat “pretexting” or the unlawful access to CPNI by data brokers. On behalf of numerous carriers, Mr. Gidari and his litigation team successfully sued and enjoined number data brokers to prevent unlawful pretexting of customer information. Mr. Gidari represents Sprint Nextel in defending multi-district class action claims against the company and its handset manufacturers and software maker Carrier IQ regarding the use of network monitoring tools on the handset.

Location-based services in the wireless industry present significant privacy challenges and Mr. Gidari likewise is an authority and industry thought leader on these issues. He first wrote about location capability in two articles in Cellular Business magazine in 1995, and has since been a frequent speaker on the subject at international conferences. He drafted CTIA’s petition to the Federal Communications Commission in 2001 to establish technology-neutral Fair Location Information Practices. Likewise, he was the rapporteur for International GSM Association’s working group on the development of international location privacy principles in Rome in 2002.

He continues to represent wireless carriers in the implementation of a new generation of location-based services for asset tracking, public safety, telematics and law enforcement needs. To address the significant privacy issues that may arise with location-based services, CTIA – the Wireless Association asked Mr. Gidari to develop an industry-wide set of best practices and guidelines for location-based service providers. CTIA's Best Practices and Guidelines for Location Based Services were adopted in Spring 2008, and substantially amended and updated to reflect current location business practices. The Guidelines serve as the benchmark for addressing user privacy in location products and services. In June 2009, Mr. Gidari spoke at the Berkman Center for Internet & Society addressing the topic of location privacy in a mobile world in a speech entitled “They Know Where You Are: Location Privacy in a Mobile World." Today, Mr. Gidari represents a broad range of location application providers, mobile device operating system developers and others in responding to privacy concerns regarding location tracking and monitoring.

In the area of law enforcement, Mr. Gidari has represented communications companies for over 15 years in the implementation of the Communications Assistance for Law Enforcement Act (CALEA). He was the key legal advisor to the wireless industry for the development of JSTD-025, the first technical standard for electronic surveillance in the United States, under the auspices of the Telecommunications Industry Association. For his work in that regard, he received CTIA's "President's Award" for excellence in 1998. Mr. Gidari successfully represented the American Library Association and the Association of American Research Libraries before the Federal Communications Commission to obtain an exemption from CALEA. Likewise, Mr. Gidari successfully represented a coalition of advanced research and education networks such as the Pacific Northwest GigapopNational LambdaRail and the Corporation for Education Network Initiatives in California (CENIC) before the Federal Communications Commission and the U.S. Court of Appeals for the District of Columbia in challenging the extension of CALEA to private networks.

A recognized authority on the Wiretap Act and the Electronic Communications Privacy Act, Mr. Gidari is a frequent commentator on electronic surveillance issues. He testified before the House of Representatives Committee on the Judiciary, Subcommittee on the Constitution, Civil Rights, and Civil Liberties on May 5, 2010, regarding ECPA reform and digital due process. In 2011, he spoke at Brookings regarding reforming the Electronic Communications Privacy Act.

In addition to the implementation of CALEA, Mr. Gidari assists communications service providers in developing security office procedures to comply with lawfully authorized electronic surveillance orders. He assists companies in reviewing and responding to legal process under the Electronic Communications Privacy Act, the Foreign Intelligence Surveillance Act and the Wiretap Act.

Mr. Gidari’s work encompasses international and cross-border requests for information through Mutual Legal Assistance Treaties and international conventions. In 2005, Mr. Gidari served as an expert witness on the scope of USA PATRIOT Act for the Government of British Columbia in British Columbia Government and Service Employees’ Union v. Minister of Health Services and Medical Services Commission (V040879) (Supreme Court of British Columbia), and he has filed expert declarations in proceedings in Brazil and France.

Security

As with privacy, Mr. Gidari is a noted authority on the development and implementation of security best practices to meet the requirements of Sarbanes-Oxley as well as the Payment Card Industry (PCI) data security standard for electronic financial services. Mr. Gidari has handled dozens of security breach investigations and notices to customers under state security breach notification laws. He maintains the popular state security breach notification laws chart at Perkins Coie’s website.

Internet and E-Commerce

In 1995, Mr. Gidari co-founded the Internet Law and Policy Forum, a global consortium of Internet-centric companies addressing policy and legal issues raised by the global nature of Internet communications and commerce. He served as its first Executive Director from 1995 - 1998. In that capacity, he addressed the OECD Ministers Meeting in Ottawa, Canada, and presented a milestone paper titled Observations on the State of Self-Regulation of the Internet.

Mr. Gidari co-authored the path-breaking Survey of State Electronic & Digital Signature Legislative Initiatives in 1997, which became the foundation for the development of international principles for electronic authentication. He has remained an active participant in the firm’s electronic financial services practice for over a decade, advising clients in development of payment processes, compliance with money transmitter and escheat statutes and in new and emerging financial services models. His advice is augmented by his private sector experience as the CEO of a proposed all-Internet bank in 1999, the founder of a financial services company in 2000, and as an advisor to emerging companies in the payments area.

Regulatory issues abound in Internet law and present compliance challenges. Mr. Gidari has worked closely with clients in the development of online marketing initiatives. He was a participant in the Federal Trade Commission’s May 2003 Spam Forum, and he was instrumental in advising CTIA and other clients on the passage of the CAN-SPAM Act. Section 14 of the CAN-SPAM Act addresses requirements for mobile service commercial messages (MSCM’s) and Mr. Gidari advises both wireless carriers and applications providers regarding compliance with the law.

He works closely today in setting key word advertising and search engine policies and practices, as publishers, advertisers, search providers and social networking sites face potential liability for carrying advertisements for products or services deemed to be unlawful. Mr. Gidari counsels clients regarding compliance with online gambling laws, and he represented Google in defense of class action claims in 2005 that such advertisements violated California law in Cisneros v. Google, et al. Mr. Gidari also represented Google and numerous companies in responding to grand jury inquiries about such ads as well as online companies and individuals regarding investment decisions in online gambling businesses and jurisdictional issues.

Mr. Gidari has represented the pioneers of the Internet including such companies as Amazon.com, Google and Microsoft. He represented Connexion by Boeing, the first airborne commercial ISP; Amazon.com in the roll out of its auction services; and wireless service providers in the development of the wireless Web.

Education

  • University of Washington School of Law, LL.M., 1994
  • George Mason University School of Law, J.D., with distinction (top 1%), 1985
  • Tulane University, B.A., History, 1978

Bar Admissions

  • District of Columbia
  • Washington

Court Admissions

  • U.S. Supreme Court
  • U.S. District Court for the Western District of Washington
  • U.S. Court of Appeals for the District of Columbia Circuit
  • U.S. Court of Appeals for the Ninth Circuit


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.


Jonathan Blavin is a partner in the San Francisco office of Munger, Tolles & Olson.

Mr. Blavin has substantial experience in high-technology intellectual property disputes, including claims brought under the Copyright and Digital Millennium Copyright Acts, the Lanham Act and state trademark statutes and trade secret laws. Mr. Blavin also has significant experience in Internet and privacy-related litigation involving the Electronic Communications Privacy Act, the Children’s Online Privacy Protection Act and the Computer Fraud and Abuse Act. Additionally, he has litigated federal antitrust actions, consumer class actions in the wireless and telecommunications areas and constitutional matters.

Mr. Blavin has an active pro bono practice and recently has represented clients in actions alleging police brutality and inadequate medical care brought under 42 U.S.C. § 1983.

Mr. Blavin serves as chair of the San Francisco Barristers Intellectual Property and Internet Law Section. He also is a member of the San Francisco Bay Area Intellectual Property American Inn of Court, the San Francisco Intellectual Property Law Association, the 9th Judicial Circuit Historical Society and is a panel attorney for the California Lawyers for the Arts. Mr. Blavin has been selected as a 2012 and 2013 Northern California Rising Star by Super Lawyers magazine.

Prior to joining the firm in 2004, Mr. Blavin served as a law clerk to Judge Richard R. Clifton of the U.S. Court of Appeals for the 9th Circuit. Mr. Blavin received his J.D. magna cum laude from Harvard Law School. While at Harvard, he served as a primary editor of the Harvard Law Review. Mr. Blavin received his B.A. in history with highest distinction from the University of Michigan, where he was elected Phi Beta Kappa.

Key Representations

  • LinkedIn, in matters before the Foreign Intelligence Surveillance Court and U.S. Court of Appeals for the Ninth Circuit challenging government restrictions on disclosure of government requests for member data.
  • Facebook, in appeal in U.S. Court of Appeals for the 9th Circuit in a putative class action brought by advertisers who claim they have been overcharged.
  • HTC, in nationwide class actions concerning alleged installation of data collection software on smartphone devices, asserting claims under the Wiretap Act, Stored Communications Act, Computer Fraud and Abuse Act, and related state law causes of action.
  • Emeco Industries, Inc., in pursuing trade dress and trademark infringement claims against Restoration Hardware, Inc. for copying the design of its iconic aluminum chair, “The Navy Chair.” The action settled with Restoration Hardware agreeing to permanently cease sales of its chairs and having its existing inventory of chairs recycled.
  • The six motion picture studio members of the Motion Picture Association of America, in securing an injunction against the operators of Zediva, an unlicensed video-on-demand service that transmits performances of copyrighted motion pictures to Zediva customers through the Internet.
  • Microsoft, against device manufacturer Datel, alleging copyright infringement of the Xbox 360’s source code and violations of the Digital Millennium Copyright Act stemming from Datel’s circumvention of the Xbox 360’s technological protection measures.
  • Electronic Arts, in copyright litigation against Zynga in which EA alleged that Zynga's online social game "The Ville" infringes EA's copyrighted game "Sims Social."
  • Vostu, Brazil’s market leader in social gaming, against claims of copyright violations by Zynga in both the U.S. and Brazil.
  • Six major motion picture studio members of the Motion Picture Association of America (MPAA), in obtaining permanent injunctions against RealNetworks "RealDVD" device for copying DVDs.

Speaking Engagements

  • Speaker, Cloud Governance: Avoiding Pitfalls & Respecting Compliance, Microsoft Corporation, November 2012
  • Speaker, “Developers! Your App May Be Subject To the EU's Privacy Rules If Downloaded In Luxembourg,” The Future of Privacy+Innovation, UC Hastings Privacy and Technology Project, April 2013
  • Speaker, “Recent Legal Issues in Social and Online Gaming,” Berkeley Center for Law & Technology and the Berkeley Technology Law Journal, March 2013
  • Speaker, “Legal Threats to Game Developers,” Game::Business::Law 2013 International Summit on the Law and Business of Video Games, January 2013
  • Speaker, "The Law and Privacy-By-Design," UC Hastings Privacy Project: Privacy Tools for Startups, August 2012
  • Speaker, Google+ for Attorneys, Bar Association of San Francisco Tech Tuesdays, November 2011
  • Speaker, Battles in Social Networking: Liability Issues Arising from New Social Networking Tools, San Francisco Barristers Annual Meeting, October 2011
  • Speaker, CYA Your Startup, Black Founders Startup Ventures, July 2011
  • Speaker, The DMCA 12 Years Later: Pitting Copyright Protection against Technological Innovation?, San Francisco Barristers Intellectual Property and Internet Law Section, December 2010
  • Speaker, A Discussion of Primary Jurisdiction and PUC Code Section 1759, 2009 Conference for California Public Utility Counsel Annual Meeting

Publications

  • Friends or Frenemies? The Increasingly Important Legal Battle Over Social Data Extraction Tools, ABA Landslide Magazine, May/June 2012
  • The DMCA and Silicon Valley: is the DMCA becoming techies’ best friend?, San Francisco Attorney Magazine, Fall 2010
  • Tackling Global Software Piracy Under TRIPS: Insights From International Relations Theory, Harvard Law Review,
    2003
  • Gore, Gibson, and Goldsmith: The Evolution of Internet Metaphors in Law and Commentary, Harvard Journal of Law and Technology, Fall 2002 (with I. Glenn Cohen)


Primary Areas of Practice: Advertising and Privacy

 

Law School/Graduate School: The Catholic University of America,   Columbus School of Law

 

Work History: Senior Legal Director - Yahoo! Inc.

 

Staff Attorney working both in Division of Privacy and Identity Protection and the Office of International Affairs - Federal Trade Commission

 

Legal Consultant in privacy, copyright, and telecommunications - Mintz Levin Cohn Ferris Glovsky and Popeo PC


Sharon Williamson is a director in Netflix's legal department, where she is responsible for privacy and security counseling for all of Netflix's US and international operations.  (Netflix is currently available in over 40 countries in North, South and Central America and Europe.)

Sharon provides advice to various teams company-wide (such as marketing, IT, security, customer service, product development, data science and engineering, etc.) on privacy and security issues.  Typical areas of focus include: children's privacy (such as COPPA); behavioral, mobile, and other online marketing matters; social media; data governance and access; the Video Privacy Protection Act; email; cloud computing; vendor negotiation and management; customer service, as well as privacy and security policies.      

Prior to joining Netflix, she was lead privacy counsel at Dell, where her legal advisory responsibilities evolved over almost 10 years from advertising and marketing, to consumer services, then procurement, and lastly to privacy and security.  Her role at Netflix has similarly evolved from general consumer, marketing, privacy, and security legal support to become more specialized in privacy and security as the company has grown and expanded internationally.  

Sharon received her JD from the University of Chicago and her undergraduate degree from Rice University.


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.


Andrew Bridges represents innovators and their companies in a wide variety of important matters typically involving new technologies or business models, often when a company’s or an entire industry’s future is at stake.  His practice includes complex litigation, high-stakes counseling, and policy advice in Internet, copyright, trademark, advertising, unfair competition, consumer protection, and commercial law matters.  He advises entrepreneurs and companies that develop or promote new products, technologies, or business models in the face of potential legal challenges.  In addition, he has advised many important Internet and technology companies on their branding and trademark portfolios as well as litigating their rights.


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.


Gerard M. Stegmaier, CIPP/US is an attorney practicing with Wilson Sonsini Goodrich & Rosati in Washington, D.C. He also serves as an adjunct professor at George Mason University School of Law where he created and has taught one of the first courses on information privacy law for over ten years. He has represented many of the Internet's pioneers on important questions of first impression. His practice includes litigation, transactional and regulatory matters for enterprises of all sizes especially where information and privacy issues represent a strategic element of the transaction or matter.  He acts regularly as outside global coordinating counsel for many leading enterprises for privacy and information governance.  For nearly a decade he served as a member of the Virginia Legislature’s Joint Commission on Technology & Science Privacy Advisory Committee and successor committees.  Mr. Stegmaier is a magna cum laude graduate of George Mason University School of Law where he was as an editor of the law review.  Following law school he clerked for the Hon. Pauline Newman at the United States Court of Appeals for the Federal Circuit.  Mr. Stegmaier may be reached at gstegmaier@wsgr.com


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


Michelle Sherman is the author of Winning with Social Media – A Desktop Guide for Lawyers Using Social Media in Litigation and Trial, a 2016 publication from the National Institute for Trial Advocacy. Michelle has tried civil and criminal cases and is currently an in-house corporate legal counsel. She also is an adjunct professor at the University of Southern California Annenberg School for Communication and Journalism. Michelle has been writing and speaking about social media legal topics to lawyers, judges and business people since 2010 when she launched one of the first law firm blogs with a focus on social media.


Tony Falzone is Deputy General Counsel at Pinterest, where he focuses on intellectual property, litigation, data privacy, product counseling and a whole lot more. Prior to joining Pinterest, Tony taught at Stanford Law School and ran the Fair Use Project at Stanford's Center for Internet & Society. He was also a litigation partner at Bingham McCutchen LLP. During his career as a litigator, Tony has handled many notable IP cases. Among other things, he represented conductor Lawrence Golan in his challenge to Congress's constitutional power to remove works from the public domain, which he argued before the Supreme Court of the United States.