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Cloud Computing 2014: Key Issues and Practical Guidance


Speaker(s): Alison A. Grounds, Benjamin L. Young, Elizabeth E. Harding, Janine Anthony Bowen, John G. Heller, John Pavolotsky, Marc S. Crandall, Mark F. Radcliffe, Mary Ellen Callahan, Rachel Beth Evans, Tanya L. Forsheit
Recorded on: Jun. 9, 2014
PLI Program #: 51407

Ben Young is an avid outdoor enthusiast. So much, in fact, that he’ll hike 50 kilometers in one day just to prove it.

The Baden Powell trail along Vancouver's North Shore Mountains is a strenuous undertaking, but Ben has hiked it in a single day every year since he came to Vancouver. That's 16 straight hours of hiking.

It's a grueling day, but one he absolutely relishes.

He moved to Vancouver four years ago from Atlanta, Georgia, to take the job of General Counsel at Peer 1.

Since then he has quickly become one of the city's biggest proponents. The proximity of mountains and ocean, encircled by rugged Pacific Northwest, makes Vancouver a place like no other. As Ben will tell you himself, he's an American in paradise!

Ben knows a once-in-a-lifetime opportunity when he sees it. Leaving his partner-track job at a big law firm for the position with Peer 1 was exactly that.

Ben is the legal face of the company. His department defends, protects and enforces Peer 1's legal and business interests. They advise and support every business unit in the company.

Ben believes that to be a good lawyer, you have to not only be comfortable taking on other people’s problems, you have to enjoy it. "You become an advocate. You have to care about their problems as much as your own."

And Ben does care. What's most important to Ben is that his team, which includes the Abuse and the Compliance & Risk Management groups, are seen as partners in business development, not as the “Department of 'No'". He ensures that the legal team adds value to every interaction by identifying risks and finding the right solution to mitigate them.

Ben holds degrees from both Emory University in Atlanta, Georgia, and Vanderbilt Law School in Nashville, Tennessee.


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


John G. Heller is a shareholder at Rogers Joseph O'Donnell specializing in complex business litigation and professional liability.

Areas of Practice
Mr. Heller focuses on trials and appeals of commercial litigation, insurance coverage, professional liability, employment, and real estate matters.  He is co-chair of the firm’s Attorney Liability and Conduct Practice Group, and a member of the Complex Commercial Litigation Practice Group.  Mr. Heller is a California Certified Specialist in Legal Malpractice Law.

Professional Qualifications and Activities
Mr. Heller is an experienced trial attorney.  In over 25 years of practice, he has successfully represented businesses and individuals in jury trials and litigation involving claims of breach of contract and warranty, fraud,  professional negligence, insurance bad faith, and civil rights violations.  Mr. Heller has obtained favorable judicial rulings and settlements for professionals sued for malicious prosecution and breach of fiduciary duty, or threatened with judicial sanctions, and has prevailed on numerous anti-SLAPP motions. He has also served as lead counsel representing parties in international arbitration proceedings arising from commercial contract disputes, and claims of accounting fraud.  

Mr. Heller lectures to attorneys and trade organizations on developments in civil procedure, trial practice, anti-SLAPP jurisprudence, and insurance coverage.  Through the ABA Section of Litigation Legal Services Advocacy Training at Stanford Law School, he has instructed public interest attorneys on trial skills.  He serves on the Executive Committee of the San Francisco Bar Association Litigation Section, and has been named a Northern California Super Lawyer each year since 2005. 

Education
J.D., University of California,
Hastings College of the Law, 1987

B.A., University of California at Berkeley, 1982
Magna cum laude in Political Science


Marc S. Crandall serves as head of global compliance, enterprise, at Google, where he addresses security and privacy compliance matters regarding Google’s cloud-based services. Marc has also served as product counsel for Google, where he addressed legal issues concerning the development and deployment of Google technology. He works to achieve compliance with US and international laws and regulations dealing with privacy, law enforcement, system security, intellectual property, content regulation, telecommunications, consumer protection, advertising, and child online protection. He also served a member of the advisory counsel of the non-profit organization American Registry for Internet Numbers, addressing policy matters associated with the dissemination of all Internet protocol addresses for North America.

Prior to joining Google in 2006, Marc served as assistant general counsel with the science and technology law unit of the United States Federal Bureau of Investigation (FBI). As principal legal adviser to the cyber division at FBI headquarters in Washington, DC, he provided legal counsel and policy advice concerning issues involving Internet forensics, computer intrusions, crimes against children, counterterrorism and counterintelligence operations, intellectual property enforcement, privacy and white collar crime. He also served as a lecturer at the FBI Academy. In 2004, he was appointed by the White House National Security Council office to serve as liaison to private industry for matters relating to Internet forensics and infrastructure security. He also regularly served as a member of the United States delegation to the Internet Corporation for Assigned Names and Numbers (ICANN) governmental advisory committee and on the United Nations working group on Internet governance and world summit on the information society.

Before joining the FBI, Marc served as corporations counsel and lead counsel of Internet compliance and enforcement with the California Department of Corporations, California's investment and finance authority. There, he developed policy and executed legal duties in the field of Internet forensics, undercover operations, evidence collection, litigation, and the application of evidentiary, privacy and transactional laws to the Internet. He also created and led the State's first team dedicated to combating Internet-based investment fraud. During this time, Marc was appointed as a special assistant U.S. attorney with the United States Department of Justice, investigating and prosecuting violations of federal law.

Marc earned a bachelor of arts degree from the University of California, Los Angeles and a juris doctor from Pepperdine University School of Law. He also holds a certification with the International Association of Privacy Professionals.


Primary Areas of Practice: IP Licensing, Open Source Software Licensing, Venture Capital, Corporate Structuring; Corporate Collaborations

Law
School/Graduate School: Harvard Law School

Work History:

Mr. Radcliffe represents corporations in their intellectual property and finance matters. His clients include both startups and global multinationals.  He has been at the forefront of many of the major legal developments in the last three decades, including the development the first domain dispute resolution policy for Network Solutions, Inc. (which is still the basis for dispute resolution under ICANN),  the revision of the bankruptcy law to deal with the intersection between bankruptcy and intellectual property licenses, the open sourcing of the Solaris operating system for Sun Microsystems, Inc. and the development of the General Public License version 3.  He has served on the US Japan Innovation and Entrepreneurship Council and was appointed by the Department of State to be the US Private Sector Co-Chair http://japan.usembassy.gov/e/p/tp-20130225-01.html. His experience covers a wide variety of industries from web to software (particularly open source) to cloud to semiconductors. His deep experience in both venture capital financing and intellectual property makes him particularly effective in assisting companies in developing and implementing innovation strategies.

In April 2009 (the first year of the award), he was recognized for his experience in assisting companies in intellectual property strategy by Intellectual Asset Management magazine as one of the World’s Leading 250 IP Strategists.  The National Law Journal in 1997 named him one of the 100 Most Influential Lawyers in the United States.  He is consistently cited by Chambers USA: America’s Leading Lawyers for Business, as being in the first rank in California for IT and IT Outsourcing.  He has been listed in the “The Best Lawyers in America,” and as one of Northern California’s Top 100 intellectual property attorneys in “Super Lawyers.”  And he has been named as one of “America’s Leading Lawyers for Business” in Who’s Who Legal publication.  In 1998, Harvard Law School designated him a “Distinguished Alumni”.  He has been quoted on intellectual property matters in Time Magazine, the New York Times, Wall Street Journal, San Francisco Examiner, San Jose Mercury News and the Daily Variety.  Mr. Radcliffe has published articles in such legal magazines as the National Law Journal, Trademark World, Computer Lawyer, California Law Business and Copyright World

Professional Memberships: American Bar Association, International Bar Association


Primary Areas of Practice:  Intellectual Property

Law School/Graduate School:  University of California, Davis School of Law; University of California, Berkeley School of Business (M.B.A.)

Work History

Greenberg Traurig, LLP
SugarCRM Inc.
Fourth Dimension Software

 


Tanya L. Forsheit is Chair of the Privacy & Data Security Group of Frankfurt Kurnit Klein & Selz, and a partner in the Technology & Digital Media, Litigation, and Advertising, Marketing & Public Relations groups, based in Los Angeles. She has advised on high-profile matters involving confidential data and other sensitive information for over 20 years. She represents multinational and emerging companies in the media, entertainment, consumer products, technology, advertising, health and wellness, and professional services industries, and serves as go-to outside privacy counsel for numerous organizations. 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. She 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 assisted dozens of organizations with successful application for EU-US Privacy Shield certification, and is working with numerous multinational clients to prepare for unprecedented changes to privacy practices and programs required by the EU General Data Protection Regulation. In January 2018, she was named by the Daily Journal as one of the top 20 Cyber attorneys in California, and was one of three finalists for the Los Angeles Business Journal’s Cybersecurity Lawyer of the Year recognition in 2017. She is currently an Adjunct Professor at Loyola Law School, where she is teaching EU Cybersecurity & Data Privacy Law in the Spring of 2018.

Her representative matters include:

  • Advised on hundreds of information technology deals and transactions on behalf of both service providers and enterprise purchasers, including due diligence for, and negotiation and drafting of terms for, cloud computing agreements involving the sharing of sensitive information and other IT outsourcing transactions;
  • Counseled hundreds of clients on implementation of programs, policies and procedures for purposes of complying with applicable laws and best practices, including but not limited to international laws such as the forthcoming European General Data Protection Regulation (GDPR); federal laws like the Telephone Consumer Protection Act, the CAN-SPAM Act, the Children’s Online Privacy Protection Act (COPPA), and the Gramm-Leach-Bliley Act (GLBA); and state laws including California’s Online Privacy Protection Act (CalOPPA) and Shine the Light law and Massachusetts’ data security regulations;
  • Represented clients across industry sectors in connection with more than 100 data security breaches involving consumer data, employee information and other sensitive information;
  • Drafted and updated several hundred privacy policies for websites, mobile apps and smart devices, including wearable technology;
  • Assisted dozens of organizations on application for EU-US Privacy Shield certification;
  • Represented nearly a dozen clients in litigating and/or resolving disputes under the Telephone Consumer Protection Act, including successfully defeating class certification in December 2015 on behalf of a healthcare technology company in a privacy class action in which plaintiffs sought recovery of more than $40 million for alleged unlawful transmission of faxes relating to HIPAA compliance.

Chambers USA, IT Law Experts, Who’s Who Legal, and Super Lawyers have all praised Ms. Forsheit for her privacy, data security and technology work, and the Los Angeles Daily Journal has twice included her in its list of “Top Women Lawyers.” Ms. Forsheit lectures widely on technology law topics and has been quoted on privacy and data security in publications such as the Los Angeles Times, Forbes, ComputerWorld, Venture Beat, and Law360.

The International Association of Privacy Professionals (IAPP) has certified Ms. Forsheit as both an Information Privacy Professional (CIPP/US) and Privacy Technologist (CIPT). Ms. Forsheit is a past President of the Women Lawyers Association of Los Angeles; and is a member of the American Bar Association: Science and Technology Law Section; the Los Angeles County Bar Association: Entertainment Law and Intellectual Property Section (ELIPS), Executive Committee; and the California Bar: Business Law Section, Cyberspace Committee.

Ms. Forsheit graduated from Duke University (AB, cum laude, 1994) and the University of Pennsylvania Law School (JD, 1997). Prior to joining Frankfurt Kurnit, she was a partner with BakerHostetler, and a founding partner of InfoLawGroup LLP, one of the nation’s leading privacy and data security boutiques.


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.


With a practical, efficiency-obsessed approach, Alison assists clients in all discovery-related aspects of litigation, internal and governmental investigations, subpoena response, and due diligence, as well as proactive litigation readiness. Clients across varied industries rely on Alison’s litigation experience and technology prowess to develop and manage the overall strategy and to advocate on their behalf during discovery conferences, meet and confers and hearings. She regularly handles discovery disputes across the country to ensure the compliance and responsiveness of her clients’ adversaries and takes and defends eDiscovery-related depositions in support of her clients.

Alison is the founder and managing director of eMerge, a wholly owned subsidiary of the firm, which provides end-to-end, integrated discovery services for legal matters. eMerge’s attorneys and technologists combine legal strategy with the latest technology to manage data, reduce costs, and identify facts needed to resolve disputes. Their novel approach effectively addresses two common causes of unanticipated costs and risks: disconnected stakeholders and processes. The technologies used regularly include artificial intelligence, technology assisted review, continuous active learning, predictive coding, analytics, email threading, data visualization and custom applications. eMerge also creates bespoke staffing, technological and project management solutions to ensure clients’ goals are achieved.

Clients rely on Alison for proactive litigation readiness, including the development of repeatable and defensible litigation response plans before litigation arises. She is known for developing effective plans for the preservation, collection, analysis, and production of electronically stored information (ESI) that keep the costs and burdens of discovery proportionate to the unique circumstances and needs of each case or matter.

Alison is an authority on eDiscovery law. She is an adjunct professor of eDiscovery and Legal Technology at Emory University School of Law and a frequent speaker and author on eDiscovery issues.

Education

  • University of North Carolina (J.D., with honors, 2001)
  • Loyola University (B.A., summa cum laude, 1997)

Awards and Recognition

  • Nationwide, Litigation: E-Discovery, Chambers USA (2017-2018)
  • Selected as Georgia Super Lawyer (2015 - 2017)
  • Selected as a Rising Star in General Litigation by Law & Politics and Atlanta Magazine (2009-2014)
  • Inaugural Recipient of the Monica Bay STEM Leadership Award (2015)
  • Selected as ILTA’s Technology Advocacy Professional of the Year (2013)
  • Named to the Fulton County Daily Report's 2013 "On the Rise" list for top attorneys in Georgia under the age of 40
  • Fellow, Litigation Counsel of America

 


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.


Ms. Harding's breadth of experience in sophisticated technology transactions guides her understanding of client needs. She counsels clients on data privacy compliance, international privacy strategies, and the development of worldwide privacy and data protection policies and procedures.

Ms. Harding advises clients on technology and software licensing, equipment purchase agreements, and maintenance and support agreements.

As a dual-qualified attorney, Ms. Harding is licensed to practice in Colorado, England, and Wales. She was previously a senior solicitor for Withers LLP, one of the leading intellectual property law firms in the UK and Europe.

Memberships & Affiliations

  • Member, American Bar Association
  • Member, Law Society of England and Wales (admitted to practice 2000)
  • Member, Colorado Bar Association
  • Member, Boulder Bar Association
  • Member, American Bar Association Information Security Committee, Vice Chair Working Party on SmartGrid Privacy
  • Member, International Association of Privacy Practitioners
  • National Center for Women and Information Technology
  • Member, National Association of Data Protection Officers (United Kingdom)
  • Member, Society for Computers and Law (United Kingdom)
Publications

Oceans Apart
Society for Computers and Law
Author(s): Elizabeth Harding

Speaking  Engagements

2010
Top 10 Issues in Outsourcing 2011
Association of Corporate Counsel

2010 
Privacy Rights v. Access to Information
OffShore Alert Conference

Related Practices

Intellectual Property
Licensing and Commercialization
Outsourcing and Offshoring Emerging Growth
Internet and Digital Media IP Transactions Healthcare
Privacy and Information Security

Education

Institute of Trademark Attorneys (2005)
Professional Examinations: Basic UK Trademark Law, Advanced UK Trademark Law, Searching, and Basic UK Law

Bournemouth University (Legal Practice Course, 1996)

University of Central Lancashire, Preston (Post Graduate Certificate in Law, 1995)

University of the West of England, Bristol (B.A., 1994) History, with Honors

Bar Admissions

Colorado

Spoken Languages

French