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Privacy and Data Security Law Institute 2014 (Fifteenth Annual)


Speaker(s): Adam Miller, Beth Givens, Cathy Bump, Christine E. Lyon, D. Esther Chavez, Fran Smallson, Francoise Gilbert, Holly K. Towle, Ian C. Ballon, James G. Snell, Jeff Rohlmeier, Jill A. Phillips, John F. Hyland, Jonathan D. Avila, Kathryn J. Fritz, Laura D. Berger, Lothar Determann, Merri A. Baldwin, Peter M. McGoff, Randy V. Sabett, Rodrigo Bustamante, Rudy Guyon, Stacy Martin, Susan Lyon-Hintze, Thomas J. Smedinghoff, Todd M Hinnen
Recorded on: May. 19, 2014
PLI Program #: 51899

Peter McGoff is Senior Vice President, General Counsel and Corporate Secretary for Box, where he leads the Box legal, compliance, security and real estate departments. He also works closely with the senior management team and Board of Directors on any legal, regulatory or compliance matter affecting the Company. Prior to Box, Peter was Senior Vice President and General Counsel of Informatica, where he managed legal, real estate and license-compliance functions.

Peter earned his LLM in Intellectual Property Law from the London School of Economics, J.D. from University of the Pacific, McGeorge School of Law and a B.S. degree in Finance/Economics from California State University, Sacramento.


Randy V. Sabett, J.D., CISSP, is Special Counsel in the cyber/data/privacy practice group at Cooley and has over 30 years of combined technical and legal cybersecurity experience.  A former NSA crypto engineer, Mr. Sabett’s practice focuses on cybersecurity, privacy, licensing, and IP, dealing with such issues as risk assessment, policy development, corporate liability for cybersecurity, IoT, identity management, EU data privacy, active defense, electronic signatures, and security breaches.  Mr. Sabett has counseled numerous clients on a variety of cybersecurity incidents, involving major commercial retailers, large financial institutions, on-line service providers, and health care organizations.  He served on the Commission on Cybersecurity for the 44th Presidency and has been recognized as a leader in Privacy and Data Security in the 2007 through 2019 editions of Chambers USA and a Leading Lawyer in the Cyber Law category of the Legal 500.  He has completed the FBI’s Citizens Academy at the FBI Washington Field Office.  He was also named as a Top Attorney in Cybersecurity for 2015-2016 by Washingtonian Magazine and as a Distinguished Fellow by ISSA International in 2018.  Mr. Sabett is a member of the Board of Advisors for the Georgetown Cybersecurity Law Institute and the selection committee for the RSA Security Conference, a frequent lecturer and author, and has appeared on or been quoted in a variety of national media sources.  He is an inventor on two patents, one involving secure, irreversible customization of a cryptographic device and a second for active noise cancellation.

Selected works include:

  • Cyber Insiders Series: Podcast on Cyber Risk Management for iHeartRadio (2020)
  • Author, "Sabett's Brief," ISSA Journal monthly column (2008-present).
  • Co-author, "CSA and ISACs: Offering Renewed Hope for Information Sharing in the Oil and Gas Industries", 67th Annual Institute on Oil and Gas Law (2016).
  • “A Fine-Grained Approach for Analyzing Active Cyber Response by the Private Sector” (Co-author) PLI Fifteenth Annual Institute on Privacy and Data Security Law (2014)
  • “Adequate Attribution: A Framework for Developing A National Policy for Private Sector Use of Active Defense” (Co-author) Univ. of Maryland Jrnl. of Bus. and Tech. Law (2013)
  • “The ABA Cybersecurity Handbook” (Contributing Author) (2013)
  • “The Third-Party Assurance Model: A Legal Framework for Federated Identity Management” (Co-author) Jurimetrics, Vol. 50, No. 4 (2010)
  • “Internet X.509 PKI Certificate Policy and Certification Practices Framework” [RFC 3647] (Co-author) (2003)
  •  “Digital Signatures: Next Step in Integrity of Electronic Commerce” Daily Record (1997)
  • “International Harmonization in Electronic Commerce and EDI: A Proposed First Step Toward Signing on the Digital Dotted Line” The American University Law Review (1996)
Mr. Sabett holds two U.S. patents, one in information security and the other in active noise cancellation.  He has appeared on or been quoted in a variety of national media sources. - See more at: www.cooley.com/rsabett.


Beth Givens is founder and executive director of the Privacy Rights Clearinghouse (PRC), established in 1992. The PRC is a nonprofit consumer education and advocacy organization, based in San Diego, California. Its mission is to engage, educate and empower individuals to protect their privacy. Givens and her organization represent the interests of consumers in public policy proceedings at the state and federal levels. She and her colleagues are often interviewed by the media on consumer privacy issues.

The PRC’s many consumer guides cover a broad range of informational privacy topics, including: credit reporting, identity theft, data breaches, online privacy, medical records, workplace issues, online data brokers, employment background checks, computer security, debt collection, education, telemarketing, and smartphones.

Givens has participated in numerous task forces and commissions including: California Attorney General Do-Not-Track Working Group, Consumer Federation of America Identity Theft Services Best Practices Task Force, Consumer Federation of America Cloud Computing Working Group, California Judicial Council Working Group on Personal Information and Court Outsourcing, California Real ID Act Privacy and Security Work Group, and California Radio Frequency ID Advisory Committee.

Givens co-authored a chapter on identity theft in Protection, Security and Safeguards (2nd ed,, 2013). She contributed a chapter on consumer and privacy rights to the 2006 book, RFID: Applications, Security and Privacy.  She authored the encyclopedia entries on identity theft for Encyclopedia of Privacy (2007), World Book Encyclopedia (2004) and Encyclopedia of Crime and Punishment (2002). Givens is author of an early book on informational privacy, The Privacy Rights Handbook (Avon, 1997), and is co-author of another early guide, Privacy Piracy: A Guide to Protecting Yourself from Identity Theft (1999), with Mari Frank, Esq.

Prior to her work as a consumer advocate, Givens was a librarian specializing in library network development and resource sharing.  Givens has a master’s degree in Communications Management from the University of Southern California Annenberg School for Communication, and a master’s degree in Library and Information Services from the University of Denver. She is a member of the International Association of Privacy Professionals.


Cathy Bump serves as Global Privacy Director of Expedia, Inc. She oversees global compliance with privacy and data security laws across Expedia’s subsidiary brands, including Expedia.com, Hotels.com, Hotwire, Orbitz, Travelocity, HomeAway, and Egencia Corporate Travel.  Cathy is responsible for Expedia’s implementation and maintenance of best practices in connection with privacy as well as compliance with data protection laws globally.  She works closely with Expedia’s Information Security Team to implement both internal and third party data security safeguards, and also guides the shaping of Expedia’s positions on privacy issues and legislation.

Cathy serves as Co-chair of the Bay Area Association of Corporate Counsel (ACC) Privacy & eCommerce Committee.

Prior to joining Expedia, she held the position of Vice President of Policy & Legal for TRUSTe, the leading online privacy standard-setting and seal organization.  An attorney with diverse experience – encompassing business, litigation, and policy issues -- she initially began specializing in privacy and data security while serving as in-house privacy counsel for Intuit Inc.

Cathy holds a J.D. from Hastings College of the Law and a B.A. in political science from Stanford University.  She has been a Certified Information Privacy Professional (CIPP) since 2004.


Christine Lyon is a partner in Morrison & Foerster’s Privacy + Data Security practice.  Chris helps companies develop privacy and data protection strategies for new products and services, as well as privacy compliance programs for their customer and employee data. A trusted advisor, Chris works collaboratively with her clients to develop practical approaches that leverage data while complying with evolving global privacy and data protection laws.

Based in Silicon Valley, Chris’ clients span various industries for which data are vital to operations or business models, including technology service providers, hardware and software companies, pharmaceutical and biotechnology companies, and consumer product manufacturers.  She has extensive experience navigating privacy risks from design through production and beyond, regularly counseling startups and large multinationals alike throughout the lifespans of their products and services.  Chris has particularly extensive experience advising technology companies on building privacy protections into cutting-edge offerings including connected products and services (Internet of Things), artificial intelligence (AI) and data analytics, and cloud-based services, as well as on managing the related “Big Data” implications.  She also frequently conducts privacy assessments of new products and services and helps clients structure and negotiate the privacy aspects of M&A and other strategic transactions to both achieve compliance and manage data risks.

By addressing emerging data protection laws, including the EU’s General Data Protection Regulation (GDPR) and the California Consumer Privacy Act (CCPA), Chris helps clients achieve efficiency and cross-jurisdictional coordination in their privacy programs. Chris also has experience implementing a variety of mechanisms to facilitate international data flows and transfers, including EU Binding Corporate Rules, Privacy Shield certification, and international data transfer agreements. She has coordinated projects spanning privacy law requirements in dozens of countries, consolidating this information into practical, actionable privacy programs for clients.

Legal500 US has recognized Chris as a “rising star” in the area of privacy and data protection, and she has received The Burton Award for Distinguished Legal Writing.  She frequently writes and speaks on U.S. and global data protection laws, particularly on technology-related privacy issues.


D. ESTHER CHAVEZ currently serves as Senior Assistant Attorney General in the Consumer Protection Division of the Office of Texas Attorney General Ken Paxton where her work encompasses a broad range of consumer protection concerns with a focus on civil enforcement cases relating to privacy and data security.

Ms. Chavez’ current professional activities include service as Immediate Past-Chair of the Texas State Bar’s Consumer & Commercial Law Council and as Course Director of the State Bar’s 2018 Advanced Consumer & Commercial Law Conference. 

Ms. Chavez is a frequent speaker at national and state continuing legal education seminars on a variety of privacy and consumer protection topics and most recently has been a presenter at the 22nd Annual Health Care Compliance Institute; the Federal Trade Commission’s 2020 Southeast Region Common Ground Conference and the National Association of Attorneys’ General Consumer Protection Spring and Fall Seminars.

Ms. Chavez obtained her undergraduate and legal education at the University of Texas at Austin and the University of Texas School of Law.


Francoise Gilbert, CEO of DataMinding, is one the world’s top legal experts in the areas of privacy and data security compliance, data governance, and risk management. She is the primary author and editor of the law treatise "Global Privacy and Security Law" (2 volumes, 4, 000 pages; Wolters Kluwer publisher) which covers in depth the privacy and data protection laws of 68 countries on all continents.

Ms. Gilbert received the 2019 Vanguard Award (California Lawyers Association) in recognition of her pioneering work in the area of data privacy and security law.  She has received numerous accolades from her peers acknowledging her thought leadership in identifying and addressing the unique privacy and data security legal issues raised by emerging technologies, including recognitions by the National Law Journal as “Privacy & Cybersecurity Trailblazer”, and by Best Lawyers as a “San Francisco Best Lawyer of the Year” in the area of Data Protection. She currently focuses her research and analysis on the myriad privacy, security and ethical issues raised by the use of Artificial Intelligence (AI) and Internet of Things (IoT) technologies.

In her private practice, she assists clients in anticipating their data security, privacy, and information management obligations, and in addressing these obligations in the context of their business and revenue objectives. Projects include, among others, framing and designing disclosures and compliance programs to meet the most recent legal developments, such as the California Consumer Protection Act (CCPA), or the European General Data Protection Regulation (GDPR); structuring Data Protection by Design and by Default processes in the development of new products; or implementing practical structures to address global operations and cross-border data transfer restrictions.


Jeff Rohlmeier is Director of Privacy in the law and public policy department at Motorola Mobility, a Lenovo company.  He also serves as coordinator of the Lenovo and Motorola privacy programs.  In this capacity, he serves as leader of company-wide privacy compliance-related efforts, including issues arising under various global privacy and related data protection laws and standards.  In particular, he provides guidance to product development, information technology, marketing and others on the privacy implications of their personal information handling and use activities; software and applications; websites; product features; marketing campaigns; third party relationships; employee data practices; and related areas.

Prior to rejoining Motorola (where he earlier held the role of Privacy Compliance Lead with Motorola, Inc.), Mr. Rohlmeier was Chief Privacy Officer at Thomson Reuters.  Earlier in his career, Mr. Rohlmeier served as Associate Director of the Office of Technology and Electronic Commerce within the United States Department of Commerce’s International Trade Administration in Washington, DC.  While at the Commerce Department, he served as point-person for implementation and interpretation of the U.S.-European Union Safe Harbor Privacy Framework; project manager for implementation of the Asia-Pacific Economic Cooperation (APEC) Privacy Framework; and was responsible for monitoring developments and coordinating interagency policy on privacy and related e-commerce policy issues around the world.

Mr. Rohlmeier has authored several articles on international privacy compliance and related topics. While in government, Mr. Rohlmeier earned two Silver Medals for Meritorious Federal Service, presented by Secretaries Evans and Gutierrez respectively.  He also completed a six-month detail to the U.S. Department of Homeland Security’s Privacy Office.

Mr. Rohlmeier received his Juris Doctor from The Chicago-Kent College of Law and a Bachelor of Arts in Political Science and History from Purdue University.


Jim Snell is a partner in the Privacy & Security Group at Perkins Coie.  He represents clients in a broad range of complex commercial matters, including Internet and privacy issues, security issues, IP, false advertising, and class actions.  Jim’s experience includes, among other things, IoT, unmanned vehicles, wiretap and surveillance matters, AI and machine learning, the Communications Decency Act, biometrics, web scraping, data breach, and the Telephone Consumer Protection Act.

Jim is a Certified Information Privacy Professional (CIPP) as designated by the International Association of Privacy Professionals (IAPP).


John F. Hyland has primarily focused his practice to employment law since his admission to the Bar in 1995.  Prior to forming Rukin Hyland LLP, John held an Of Counsel position with Paul Hastings, LLP in the firm's San Francisco office where he advised and represented companies in State and Federal court actions covering all areas of employment law, including wrongful termination, discrimination, harassment, disability law, employee privacy, employee leaves, and wage and hour issues.  John has represented clients in jury trials and arbitrations, and has argued cases before the California Court of Appeal.  He continues to advise and represent clients in all areas of employment law and in commercial and business disputes. 

John serves as an editor and contributing author for the CEB Publication, Employee Leave Laws: Compliance and Litigation (2016).  John also serves as a contributing author to the Thompson Reuters Inside the Minds publications.   John regularly conducts training seminars and presents on a wide array of employment law issues.  He serves as an instructor for the Sonoma State University Human Resources Certification Program.

Law & Politics Magazine selected John as one of its Northern California Super Lawyers each year from 2006 through 2012, and again in 2014-17.  San Francisco's Best Lawyers named John in its 2012 edition, and The Best Lawyers in America selected John for inclusion in each edition since 2012.

In addition to his litigation and counseling practice, John devotes a significant part of his practice to serving as a mediator.  John obtained certification as an employment law mediator from Cornell University’s School of Industrial Relations.  He served as a mediator for the Sonoma County Superior Court ADR Program in which he mediated a wide array of civil cases, and he continues to serve as a panelist for the Court’s settlement conference program.  John is also a member of the Early Neutral Evaluation Program for the United States District Court for the Northern District of California for which he serves as an evaluator.

John received his B.S. degree from Saint Joseph's University in Philadelphia, Pennsylvania.  He earned his J.D. degree from Golden Gate University School of Law in San Francisco, where graduated in 1995 with highest honors and first in his class.  While at Golden Gate, John served as a contributing author and associate editor for the Golden Gate Law Review.


Jonathan Avila joined Walmart Stores, Inc. as Vice President, Chief Privacy Officer in October 2012.  Mr. Avila is responsible for the worldwide data privacy and records management program for Walmart’s operations involving 11,000 retail locations with more than two million employees in 27 countries, as well as Walmart’s e-commerce websites in ten countries.  Mr. Avila previously served as Vice President -- Counsel, Chief Privacy Officer of The Walt Disney Company.  Mr. Avila initiated the data privacy program at Disney in 2001 and led the development of Disney's enterprise privacy compliance program covering all of Disney's online and offline business activities in the nearly 50 countries in which Disney operates.

Mr. Avila has been active in the international data privacy community, having served for five years on the board of directors of the International Association of Privacy Professionals, including serving as President of the IAPP in 2009.  Mr. Avila has spoken at numerous conferences on data privacy issues, including conferences of the international data privacy commissioners sponsored by the governments of Spain and Mexico.  Mr. Avila is a co-author of Privacy Compliance and Litigation in California (CEB 2014).  Mr. Avila served on the advisory committee to the California Office of Privacy Protection on the development of its guidance on California's "Shine the Light" law relating to business' information sharing practices.  Mr. Avila also has taught on the subject of privacy law as an Adjunct Professor of the School of Law of the University of Arkansas.

Mr. Avila began his career as a law clerk to Judge W. Eugene Davis of the United States Court of Appeals for the Fifth Circuit.  Mr. Avila later was an associate with Latham & Watkins, and Litigation Counsel with the CBS television network.  Before joining Disney, Mr. Avila served as General Counsel Chief Privacy Officer of MValue.com, Inc., a venture capital funded Internet company.

Mr. Avila graduated with a B.A. from Yale University and a J.D. from Harvard Law School.  Mr. Avila also holds a diploma from the University of Salamanca (Spain) and holds the Certified Information Privacy Professional credential issued by the IAPP.


Kathryn J. Fritz is a partner in the Litigation, Intellectual Property and Privacy Groups of Fenwick & West, a law firm focusing on technology and life sciences matters. Ms. Fritz is resident in the firm’s San Francisco office. She served as the firm’s Managing Partner from 2006 through 2017.

Ms. Fritz’s practice concentrates on business and intellectual property litigation, with an emphasis on trademark, right of publicity and copyright, especially as applied to new technology areas. She has represented and advised software publishers, computer hardware manufacturers, gaming and digital media companies, entertainment companies, traditional media publishers and consumer products companies on commercial and intellectual property issues.

PROFESSIONAL ACTIVITES AND RECOGNITION

Ms. Fritz writes and speaks regularly on intellectual property issues to groups that include the Federal Judicial Center and Practicing Law Institute, and since 1999 has taught an advanced trademark law seminar at UC Berkeley School of Law.

She was named to The National Law Journal’s 75 Outstanding Women Lawyers in 2015; has been named to The Recorder’s list of Top 50 Women Leaders in Tech Law and, in 2015, was additionally designated as one of 10 “Power Players.”

Ms. Fritz has been a member of the Board of Trustees of the Santa Clara County Bar Association and the Board of Directors of the Bar Association of San Francisco, and she is active in diversity initiatives in the profession.

PRO BONO INVOLEMENT

Ms. Fritz has been actively involved in pro bono, representing documentary filmmakers in intellectual property matters, a client on California’s death row in this federal habeas corpus petition, ultimately achieving a reversal of his death sentence, and clients in political asylum petitions.

Ms. Fritz is also active in the greater pro bono community. She is currently a member of the Board of Directors of Equal Justice Works and the Board of Directors of Bay Area Legal Aid, and a member of the Pro Bono Institute’s Law Firm Advisory Board. She previously served the Legal Service Corporation’s Pro Bono Task Force and was co-chair of its Subcommittee on Technology Best Practices. She was recently honored by OneJustice for her pro bono leadership.

EDUCATION AND ADMISSIONS

Ms. Fritz received her B.A., magna cum laude, from the University of California at Santa Barbara, where she was a member of Phi Beta Kappa and a University of California Regents’ Scholar. She received her J.D., cum laude, from Georgetown University Law Center, where she was Research Editor of the American Criminal Law Review. She is a member of the State Bars of New York and California, and numerous federal courts.


Lothar Determann practices and teaches international data privacy, technology, commercial and intellectual property law.

At Baker McKenzie in San Francisco and Palo Alto, he has been counseling companies since 1998 on data privacy law compliance and taking products, business models, intellectual property and contracts international. Admitted to practice in California and Germany, he has been recognized as one of the top 10 Copyright Attorneys and Top 25 Intellectual Property Attorneys in California by the San Fran-cisco & Los Angeles Daily Journal and as a leading lawyer by Chambers, Legal 500, IAM and others. For more information see www.bakermckenzie.com. Contact: ldetermann@bakermckenzie.com.

Prof. Dr. Determann has been a member of the Association of German Public Law Professors since 1999 and teaches Data Privacy Law, Computer Law and Internet Law at Freie Universität Berlin (since 1994), University of California, Berkeley School of Law (since 2004), Hastings College of the Law (since 2010), Stanford Law School (2011) and University of San Francisco School of Law (2000-2005). He has authored more than 150 articles and treatise contributions as well as 5 books, including Determann’s Field Guide to Data Privacy Law (3d Edition, 2017, also available in Chinese, German, Japanese and Russian) and California Privacy Law - Practical Guide and Commentary (3d Ed. 2018).

Latest paper: eSignature Laws Need Upgrades - http://ssrn.com/abstract=3436327.


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

Education

J.D., University of California at Berkeley, School of Law

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


Susan Lyon-Hintze, founder of the Law Office of Susan Lyon-Hintze, has provided legal counsel to tech and e-commerce clients for over 15 years over a decade of which has been focused exclusively on the area of privacy and security.  She advises clients from small start-ups to major Internet, technology, advertising, and mobile companies on a wide range of U.S. and international privacy and data security issues. Representative areas of expertise include CAN-SPAM, FTC Act, Children's Online Privacy Protections Act (COPPA), telemarketing laws, data security and data breach notice obligations, behavioral targeting and advertising, online and mobile tracking and monitoring using automatic tracking technology, facial recognition and biometrics, cloud computing strategy, and legislative and regulatory policy and outreach.

Ms. Lyon-Hintze formerly served as co-chair of Cooley LLP's privacy group and co-lead of Perkins Coie's privacy group.  She also gained valuable in-house experience as privacy counsel with Microsoft Corp., where she was the lead attorney responsible for global privacy law compliance for all sales and marketing activities and legislative policy in the area of privacy, data security, and online safety.  Prior to Microsoft she served as lead privacy counsel at Dell, Inc


Thomas J. Smedinghoff is Of Counsel in the Privacy & Cybersecurity practice group in the Chicago office of Locke Lord LLP. Named as a Top 50 Intellectual Property Trailblazer and Pioneer by the National ‎Law Journal, he is internationally recognized for his leadership in addressing emerging legal issues regarding ‎electronic transactions, identity management, privacy, cybersecurity, and online ‎authentication issues from both a transactional and public policy perspective. He has been retained to structure and implement first-of-their-kind e-commerce ‎initiatives, electronic transactions, and identity management and information ‎security legal infrastructures for the federal government and national and ‎international businesses including banks, insurance companies, investment ‎companies, and certification authorities.  He has also been actively involved in ‎developing legislation and public policy in the area of electronic business and identity management at the state, ‎national, and international levels. ‎

Tom is currently Co-‎Chair of the American Bar Association (ABA) Cybersecurity Legal Task Force, as well as Chair of the Identity Management Legal Task Force and Co-Chair of the Cybersecurity ‎Subcommittee in the ABA Business Law Section. Previously he also served as chair of ABA Section of Science & Technology Law, as well as chair of its Electronic ‎Commerce Division. He also served as chair of the Illinois Commission on Electronic Commerce and Crime, and as an ABA Advisor to the Uniform Law Commission (ULC) Study ‎Committee on Identity Management in Electronic Commerce and the ULC Drafting Committee on the Uniform Electronic Transactions Act.

Tom is also an advisor to the U.S. Delegation to ‎the United Nations Commission on International Trade Law (UNCITRAL), and in that capacity he ‎helped to negotiate the international e-commerce treaty known as the United Nations ‎Convention on the Use of Electronic Communications in International Contracts. He is currently ‎working with UNCITRAL to develop international legal rules to govern electronic identity ‎management issues.

He is a contributing author to the 1st and 2nd editions of The Aba ‎Cybersecurity Handbook - A Resource For Attorneys, Law Firms & Business ‎Professionals (ABA, 2013 and 2018), and co-editor and contributing author of the Guide To Cybersecurity Due Diligence In M&A ‎Transactions (ABA, 2017).  He is also the author of the book titled Information ‎Security Law: The Emerging Standard For Corporate Compliance, (2008), and editor and ‎primary author of the e-commerce book titled Online Law: The Legal Guide To Doing ‎Business On The Internet (1996). He can be reached at Tom.Smedinghoff@lockelord.com


Ian C. Ballon is Co-Chair of Greenberg Traurig LLP’s Global Intellectual Property & Technology Practice Group and represents internet, mobile, entertainment and technology companies in defending data privacy, security breach and TCPA class action suits and in other intellectual property and technology litigation. A list of recent cases may be found at http://www.gtlaw.com/Ian-C-Ballon-experience.

He is also the author of the leading treatise on internet and mobile law, E-Commerce and Internet Law: Treatise with Forms 2d edition, the 5-volume set published by West (www.IanBallon.net), which includes extensive coverage of security breach and data privacy issues. In addition, he is the author of The Complete CAN-SPAM Act Handbook (West 2008) and The Complete State Security Breach Notification Compliance Handbook (West 2009). He also serves as Executive Director of Stanford University Law School’s Center for E-Commerce, which hosts the annual Best Practices Conference where lawyers, scholars and judges are regularly featured and interact.

Ian was named the Lawyer of the Year for Information Technology Law in the 2019, 2018, 2016 and 2013 editions of Best Lawyers in America and was recognized as the 2012 New Media Lawyer of the Year by the Century City Bar Association. In both 2018 and 2019 he was recognized as one of the Top 1,000 trademark attorneys in the world for his litigation practice by World Trademark Review. In addition, in 2019 he was named one of the top 20 Cybersecurity lawyers in California and in 2018 one of the Top Cybersecurity/Artificial Intelligence lawyers in California by the Los Angeles and San Francisco Daily Journal. He received the “Trailblazer” Award, Intellectual Property, 2017 from The National Law Journal and he has been recognized as a “Groundbreaker” in The Recorder’s 2017 Litigation Departments of the Year Awards. In 2010, he was the recipient of the California State Bar Intellectual Property Law section's Vanguard Award for significant contributions to the development of intellectual property law (http://ipsection.calbar.ca.gov/IntellectualPropertyLaw/IPVanguardAwards.aspx).

Mr. Ballon was listed in Variety's "Legal Impact Report: 50 Game-Changing Attorneys" and has been named by the LA Daily Journal as one of the Top 75 intellectual property litigators in California in every year that the list has been published (2009 through 2018) and as one of the top 100 lawyers in California. He is also listed in Legal 500 U.S., The Best Lawyers in America (in the areas of information technology and intellectual property) and Chambers and Partners USA Guide in the areas of privacy and data security and information technology. Mr. Ballon also holds the CIPP/US certification from the International Association of Privacy Professionals (IAPP).

Ian can be reached at: Ballon@gtlaw.com, 310-586-6575 or via leading social media platforms (IanBallon).


Laura D. Berger is an attorney in the Division of Privacy and Identity Protection at the Federal Trade Commission. She enforces federal laws that protect consumer privacy. Recently, her law enforcement work has focused on the privacy and security standards applicable to social media and to the Internet of Things. She also has worked on the agency's efforts to educate app developers about privacy, including the recent guide “Marketing Your Mobile App: Get it Right from the Start.” In addition, she was author of the Commission's Safeguards Rule. She received a B.A. from Tulane University and a J.D. from the University of Michigan Law School. She works from the FTC's Regional Office in San Francisco.


Holly K. Towle is a partner with K&L Gates LLP, an international law firm. Ms. Towle's practice focuses on payment systems, privacy and data security, electronic business issues such as e-contracting structures for consumers customers and for business processes, and software licensing and other issues relating to information assets as distinguishable from “goods” or “services”. She is the author of two treatises, The Law of Electronic Commercial Transactions (2003-2015 LexisNexis), an information rich treatise explaining the legal landscape of commercial law when electronics or electronic settings are used, and also of Data Privacy, Protection, and Security Law (LexisNexis).


RUDY GUYON is the Director, Legal at McAfee, LLC. Rudy is Silicon Valley-based technology attorney for global cybersecurity products.  Rudy has expertise in technology products development; licensing, commercial, and Internet transactions; and data protection and regulatory compliance.  Previously Rudy practiced in-house at Intel, Hitachi Global Storage Technologies and the Fujitsu America group.  Rudy worked in private practice at Silicon Valley Law Group and Matsubara Muraki International Patent Law Office.  Rudy is a Certified Information Privacy Professional (CIPP/US), and former chair of Privacy and E-Commerce, IP Licensing and International Committees of the Bay Area chapter of Association of Corporate Counsel.  Rudy graduated from the UCLA School of Law and UC Berkeley.  Rudy lived and worked abroad in Japan and Eastern Europe, speaks pretty good Japanese, and has taught law at universities in Japan and Romania.


Todd Hinnen is the co-chair of Perkins Coie’s Privacy and Security Group and a Lecturer in Law at Stanford Law School.  Prior to joining Perkins Coie, Todd served as head of the National Security Division at the U.S. Department of Justice, Chief Counsel to then-Senator Joseph R. Biden, and Director for Combatting Terrorism at the National Security Council.  Todd began his career as a computer crime prosecutor with the Department of Justice, during which time he served as the Rapporteur for the G8 Subgroup on High-Tech Crime and the Head of the U.S. Delegation to the Organization of American States Cybercrime Experts Group.  He clerked for the Honorable Richard Tallman for the Ninth Circuit Court of Appeals and is a graduate of Harvard Law School and Amherst College.