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TechLaw Institute 2015: The Digital Evolution

Speaker(s): Ben Petrosky, Constance J. Choi, JD, Daniel Ralls, David J. Elkanich, Eleanor Lacey, Esra A. Hudson, J. Dax Hansen, James G. Snell, Jim Harper, John C. Yates, Joseph V. DeMarco, Josh Becker, Laura D. Berger, Marc S. Roth, Michael G. Nichols, Robert S. Friedman, Scott Maples, Scott Morgan, Steven V. Hunter, Tsan Abrahamson, Winston Krone
Recorded on: May. 14, 2015
PLI Program #: 59122

Daniel Ralls is Executive Legal Counsel of ZipRealty, a Realogy company. ZipRealty provides a mobile-optimized customer relationship management technology platform for the real estate market.

Daniel has spent his in-house career as counsel to technology, content, and hosted solution companies, including as General Counsel of Mblox, General Counsel of Intermedia.Net, Assistant General Counsel of FXall, and Corporate Counsel at Elsevier. He started his career at Winston & Strawn LLP in New York, where he concentrated his practice on technology transactions, mergers & acquisitions, securities, and finance-related matters. He is also pro bono counsel to Samasource, a nonprofit company in San Francisco that is the premier enterprise service provider for data projects that require a human touch.

Daniel studied law at Boston College Law School and philosophy at UC Santa Barbara. He lives in San Francisco with his family.

DAVID ELKANICH is a partner in Holland & Knight's Portland office, where he focuses his practice on litigation involving legal ethics and risk management. Mr. Elkanich advises both lawyers and law firms in a wide range of professional responsibility matters. He has extensive experience defending lawyers in attorney discipline matters, and in related litigation, such as sanction, withdrawal and disqualification motions, and fee disputes.

Mr. Elkanich frequently counsels lawyers and other professionals on how to navigate an "electronic" practice, including the rules of engaging in online activity, utilizing social media, and considering data privacy, breach and response. He shares his opinions on these evolving topic and others on his Twitter handle @DavidElkanich.

Mr. Elkanich is the past chair and current member of the Oregon Legal Ethics Committee; chair of the RPC 8.4 (Anti-Bias) Drafting Committee; member, OSB Discipline System Review Committee; former member, Washington Rules of Professional Conduct committee; former member, Oregon State Bar Unlawful Practice of Law Task Force; former member, Oregon State Bar Uniform (Civil) Jury Instructions Committee; member, Association of Professional Responsibility Lawyers; member; Center for Professional Responsibilities, American Bar Association. 

Mr. Elkanich also is an adjunct professor at Lewis & Clark Law School, where he has taught Regulation and Legal Ethics.

In addition, Mr. Elkanich has a general litigation practice, commercial litigation practice, where he regularly represents clients in the financial services industry, including national banks, mortgage bankers, loan servicers, debt collectors and consumer finance companies.  He also has experience with liability defense, environmental litigation, commercial disputes and product cases, and he regularly practices in state and federal court in Oregon, Washington and Idaho.

Mr. Elkanich graduated from the University of Arizona (1996), B.A., magna cum laude; J.D., University of Oregon School of Law (1999).  Mr. Elkanich has been a member of the Oregon State Bar since 1999, Washington State Bar since 2005, and Idaho State Bar since 2009; he is also admitted to practice in the U.S. District Court, District of Oregon, Western and Eastern Districts of Washington, District of Idaho, and the Ninth Circuit of Appeals.

Esra Hudson’s practice focuses on all aspects of employment law and related litigation. She represents companies in state and federal court in claims of discrimination, harassment, wrongful discharge and related tort claims, breach of contract, trade secrets, and unfair competition, and all other employment-related matters. Ms. Hudson also defends companies against employment-based class actions. She regularly represents employers in proceedings before state and federal agencies, including the California Department of Fair Employment and Housing, the California Division of Labor Standards Enforcement and the federal Equal Employment Opportunity Commission. Ms. Hudson’s litigation practice also includes extensive experience in alternative dispute resolution, including arbitration and private mediation.

In addition to a litigation practice, Ms. Hudson advises companies on a variety of employment and personnel management issues. She also regularly develops employment manuals and policies, as well as executive employment and severance agreements. Ms. Hudson provides a wide array of management training on a variety of employment-related subjects, including sexual harassment and discrimination prevention.

Ms. Hudson provides services for companies in a variety of industries, including entertainment, financial services, healthcare, transportation, insurance, manufacturing, the service industry and nonprofits.


University of California Los Angeles School of Law, J.D., 1999.
Member and Symposium Editor, UCLA Law Review.
University of Wisconsin-Madison, B.A., with distinction, 1991

Jim Harper is a senior fellow at the Cato Institute, working to adapt law and policy to the information age in areas such as privacy, cybersecurity, telecommunications, intellectual property, counterterrorism, government transparency, and digital currency. A former counsel to committees in both the U.S. House and the U.S. Senate, he went on to represent companies such as PayPal, ICO-Teledesic, DigitalGlobe, and Verisign, and in 2014 he served as Global Policy Counsel for the Bitcoin Foundation.

A founding member of the U.S. Department of Homeland Security’s Data Privacy and Integrity Advisory Committee, Harper co-edited the book Terrorizing Ourselves: How U.S. Counterterrorism Policy is Failing and How to Fix It. He has written several amicus briefs in Fourth Amendment cases before the U.S. Supreme Court, and is the author of Identity Crisis: How Identification Is Overused and Misunderstood. He has been cited by numerous print, Internet, and television media outlets, and has written for the New York Times, Wall Street Journal, Politico, and other leading publications. His scholarly articles have appeared in the Administrative Law Review, Minnesota Law Review, and Hastings Constitutional Law Quarterly.

Harper holds a JD from the University of California – Hastings College of Law.

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).

Joseph V. DeMarco is a partner at DeVore & DeMarco LLP where he specializes in counseling clients on complex issues involving information privacy and security, theft of intellectual property, computer intrusions, on-line fraud, and the lawful use of new technology. His years of experience in private practice and in government handling the most difficult cybercrime investigations handled by the United States Attorney’s Office have made him one of the nation’s leading experts on Internet crime and the law relating to emerging technologies.

From 1997 to 2007, Mr. DeMarco served an Assistant United States Attorney for the Southern District of New York, where he founded and headed the Computer Hacking and Intellectual Property Program, a group of five prosecutors dedicated to investigating and prosecuting violations of federal cybercrime laws and intellectual property offenses. Under his leadership, cybercrime prosecutions grew from a trickle in 1997 to a top priority of the United States Attorney’s Office, encompassing all forms of criminal activity affecting e-commerce and critical infrastructures including computer hacking crimes; transmission of Internet worms and viruses; electronic theft of trade secrets; illegal use of “spyware”; web-based frauds; unlawful Internet gambling; and criminal copyright and trademark infringement offenses. As a recognized expert in the field, Mr. DeMarco was frequently asked to counsel prosecutors and law enforcement agents regarding novel investigative and surveillance techniques and methodologies, and regularly provided advice to the United States Attorney concerning the Office’s most sensitive computer-related investigations. In 2001, Mr. DeMarco also served as a visiting Trial Attorney at the Department of Justice Computer Crimes and Intellectual Property Section in Washington, D.C., where he focused on Internet privacy, gaming, and theft of intellectual property.

Mr. DeMarco is on the panel of approved neutrals of the American Arbitration Association (AAA) where he focuses on resolving disputes between businesses involving data privacy, high-technology and commercial law issues.  He speaks frequently on the benefits of ADR in the area of data security and privacy litigation.

Since 2002, Mr. DeMarco has served as an Adjunct Professor at Columbia Law School, where he teaches the upper-class Internet and Computer Crimes seminar. He has spoken throughout the world on cybercrime, e-commerce, and IP enforcement. He has lectured on the subject of cybercrime at Harvard Law School, the Practicing Law Institute, the National Advocacy Center, and at the FBI Academy in Quantico, Virginia, and has served as an instructor on cybercrime to judges attending the New York State Judicial Institute.

Prior to joining the United States Attorney’s Office, Mr. DeMarco was a litigation associate at Cravath, Swaine & Moore in New York City, where he concentrated on intellectual property, antitrust, and securities law issues for various high-technology clients. Prior to that, Mr. DeMarco served as law clerk to the Honorable J. Daniel Mahoney, United States Circuit Judge for the Second Circuit Court of Appeals.

Mr. DeMarco holds a J.D. magna cum laude from New York University School of Law. At NYU he was a member of the NYU Law Review. He received his B.S.F.S. summa cum laude from the Edmund A. Walsh School of Foreign Service at Georgetown University.  Mr. DeMarco is active in numerous professional associations including the:

  • International Bar Association (Technology and Litigation Sections);
  • International Association of Korean Lawyers (Regional Governor, New York Region);
  • New York State Bar Association, ADR Section;
  • New York State Bar Association, Commercial and Federal Litigation Section (Co-chair, Internet and IP Committee, 2009-present);
  • Connecticut Bar Association;
  • Fairfield County (CT) Bar Association;
  • New Haven County (CT) Bar Association;
  • New York City Bar Association (Co-Chair, Information Technology Law Committee; Past
  • Member, Copyright Committee); and
  • The Copyright Society of the U.S.A.

Mr. DeMarco is a Martindale-Hubbell AV-rated lawyer for Computers and Software, Litigation and Internet Law, and is also listed in Chambers USA: America’s Leading Lawyers for Business guide as a leading lawyer nationwide in Privacy and Data Security. He has also been named as a “SuperLawyer” for his expertise and work in the area of Intellectual Property Litigation. He has published numerous articles and appeared on major news programs in his practice areas; is a member of the Professional Editorial Board of the prestigious Computer Law and Security Review (Elsevier); and serves on the Board of Advisors of the Center for Law and Information Policy at Fordham University School of Law.

Mr. DeMarco has received numerous professional awards, including the U.S. Department of Justice Director’s Award for Superior Performance, as well as the Lawyer of Integrity Award from the Institute for Jewish Humanities. In his spare time he enjoys parenting, golf, and listening to classical piano.

Josh Becker is the CEO of Lex Machina. As CEO, Josh leads strategy and operations, working to make data-driven Legal Analytics an essential part of intellectual property strategy for companies and law firms. Under his guidance, Lex Machina has evolved from a Stanford-based public interest project to a trusted analytics provider to some of the largest companies and law firms in the U.S. 

Josh’s Silicon Valley operating company and venture capital experience includes serving on the founding team of and at Agile Software (sold to Oracle) and Redpoint Ventures. He also chairs the Full Circle Fund, a coalition of technology and business leaders that collectively funds and supports leading social entrepreneurs. Josh earned a joint J.D./M.B.A. from Stanford University and a B.A. from Williams College.

Founder - Seven Advisory
Board Director & Secretariat - DATA (Digital Asset Transfer Authority)

Constance serves on the boards of several digital currency companies and advises startups and traditional financial institutions in global financial regulations, licensing and compliance, government advocacy, corporate restructuring, and strategic market development for digital currencies and distributed cryptographic ledger technologies ( One of the founders and Board Directors of DATA (, the self-regulatory organization for digital currency firms comprised of over 40 companies worldwide, Constance spearheads sound public policy and the development of best practices for these emerging technologies. Prior to these roles, Constance served as General Counsel and Chief Compliance Officer of Kraken (, where she helped transform a software development startup into a globally respected financial institution. Constance is a member of the California State Bar, holds a J.D. from UC Berkeley School of Law, and undergraduate degrees from Brown University and University of Cambridge.

She formerly practiced at Kirkland & Ellis, Wilson Sonsini Goodrich & Rosati, the Samuelson Law, Technology & Public Policy Clinic, the Electronic Frontier Foundation and Perkins Coie, focusing on internet law, IP law, privacy, data security, consumer protection and constitutional rights.

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.

Marc advises clients on all things advertising, marketing, promotions and privacy, having practiced in these areas for decades, in various capacities. He is a former Federal Trade Commission attorney and served as Chief Marketing Counsel for a Time Warner subsidiary.  He is a frequent speaker and author on marketing, privacy and technology law.  He is recognized by Chambers and Best Lawyers US as a leading lawyer in national advertising and transactional law.

Michael is the Chief Privacy Officer and General Counsel of HealthTap, and is a member of the company’s founding team.  Founded in 2010, HealthTap is a leading digital health company changing the face of healthcare by connecting millions everywhere doctors for immediate virtual care, and for free access to relevant, reliable, and trusted health information and answers to health questions from a network of more than 65,000 U.S.-licensed doctors. HealthTap is funded by Khola Ventures, Mayfield Fund and others.

Michael is responsible for HealthTap's privacy and legal policies, and authored HealthTap’s unique Q&A format Privacy Statement as well as its “Privacy Constitution and User Bill of Rights,” a model for transparency and disclosure in web and mobile services.  He spearheaded the development of the first-ever insurance policy covering doctor-created health content online, enabling doctors to safely and securely contribute free answers to health questions to users around the world.  To date, HealthTap has served over 2.5 billion doctor-created answers to user health questions and has received over 18,000 notes from users telling the company that HealthTap saved their live or the life of a loved one.

For over 15 years, Michael has provided legal counsel and services to innovative technology companies and other businesses, from early-stage startups to Fortune 100 companies.  Prior to joining HealthTap, Michael served as an attorney with national law firms in Silicon Valley, as general counsel to high technology companies, and as founding pro-bono counsel to Singularity University where he also participated in curriculum development.  Additionally, Michael has served as a Judge Pro Tem in Santa Clara County, and as a judicial clerk in Washington D.C. to the former General Counsel to the SEC and CIA, the Hon. Stanley Sporkin.  Michael has spoken at conferences on privacy, security, and health technology matters, including talks and participation on panels at Health 2.0, SxSW Interactive, TieCON, DataWeek, SVForum, and others.

Michael holds A.B. (honors) and M.A. degrees from Stanford University, and a J.D. from the Yale Law School, where he was an editor of two law journals, including the Yale Law & Policy Review.

Mr. Friedman is a partner in the Business Trial and White Collar Practice Groups in the firm's New York office. He heads the Business Trial Practice Group in New York.

Areas of Practice

Mr. Friedman focuses his practice on business and corporate litigation matters. He has particular experience in the areas of securities litigation, internal investigations, corporate trust litigation, real estate litigation, director and officer liability, bankruptcy litigation, restrictive covenants and intellectual property. He has tried cases involving and counseled clients concerning the protection of trade secrets, computer software theft allegations, false advertising and alleged securities law violations. He has achieved successful outcomes in the major international arbitral forums. He has also handled maritime disputes on behalf of shipping companies and creditor's committees.

Mr. Friedman has tried over sixty cases and regularly represents financial institutions, technology companies, internet marketers and litigation trustees in significant business disputes.

He speaks and writes extensively on various litigation topics and is widely quoted in the legal and mainstream press.

Prior to entering private practice, Mr. Friedman was a Senior Trial Attorney in the Homicide Bureau of the Kings County District Attorney's Office.


Intellectual Property
White Collar Defense and Corporate Investigations


Art, Digital Business, Financial Services, Maritime


J.D., Boston University School of Law, 1989, cum laude
B.A., Tufts University, 1986, cum laude

Mr. Yates is chair of the Technology Group of the law firm, Morris, Manning & Martin LLP.  He has been practicing exclusively in this area for over 39 years and is internationally recognized in the technology, ecommerce and internet law fields.  His firm represents tech companies in all stages of growth and is a leader in venture capital and private equity deals, IPOs and M&A. Mr. Yates has held numerous leadership positions in technology associations and has served on the Board of Advisors of many technology companies in the U.S. and abroad.  He co-founded several non-profit associations, including the Southeastern Software Association (SSA), the Technology Association of Georgia (TAG), the CEO Council, and the Southeastern Medical Device Association (SEMDA).  Mr. Yates is co-chair of the Technology Council of the Metro Atlanta Chamber of Commerce and has also served on the Chamber’s Board. In addition to being a frequent speaker at major technology organizations, Mr. Yates has authored hundreds of articles and was cited by the U.S. Supreme Court in Kodak vs. Image Technical Services. Mr. Yates is frequently quoted in business publications, including The Wall Street Journal, The Economist, and the Atlanta Business Chronicle.  He received his B.A., magna cum laude, and his J.D. from Duke University and serves on the Board of Visitors at the Duke University School of Law and Board of Trustees of Furman University.  Mr. Yates was also the chair of the 2013 NCAA Final Four Basketball Tournament held in Atlanta.

Scott is the former Vice President, General Counsel and Corporate Secretary of Ruckus Wireless, an innovative provider of Wi-Fi related equipment, software and services. At Ruckus, Scott built the legal department from the ground up, led Ruckus’s IPO, and then managed all aspects of Ruckus’s legal affairs as it scaled globally prior to its recent sale to Brocade Communications.

Prior to joining Ruckus, Scott was an AGC at Microsoft’s Silicon Valley Campus where he lead teams supporting a number of incubating and growth technology businesses serving the internet, communications, consumer electronics and entertainment industries.  Previously, Scott was VP, Business and Legal Affairs, for Virgin Interactive Entertainment, a videogame company within the Viacom family of companies. Scott began his legal career as a corporate and intellectual property associate at Stradling, Yocca, Carlson and Rauth, and was once an engineer for Hughes Aircraft Company where he developed software and managed a number of classified computer operations at Hughes’ headquarters in Culver City, California and in Hahn, Germany.

Scott received a bachelor’s degree in Computer Science, with Highest Honors, from UC Santa Barbara where he was a Regents Scholar and member of the Letters and Science Honors Council.  Scott received his J.D. from Boalt Hall School of Law at the University of California, Berkeley where he was Managing Editor of what is now the Berkeley Technology Law Journal and was Editor-in-Chief of the Boalt Hall Cross-Examiner.

Scott is also the president of the Board of Directors of the Law Foundation of Silicon Valley.

Scott Morgan is the Vice President, Associate General Counsel and Assistant Secretary at Splunk, provider of the leading software platform for real-time Operational Intelligence.  He is responsible for all legal aspects of the company’s corporate, compliance, employment, marketing, real estate, procurement, risk and dispute related matters as well as the company’s international expansion activities and operations.

Prior to joining Splunk, Morgan was a Senior Director, Securities and M&A at Autodesk, Inc., Senior Counsel and Director of Contracts and Legal Affairs at Tellabs, Inc, (formerly Advanced Fibre Communications, Inc) and a corporate associate at Morrison & Foerster, LLP in San Francisco, California. 

Morgan received his J.D. from the University of California, Hastings College of the Law and B.A. from the University of California, Berkeley.  

Trial lawyer Steven Hunter represents financial institutions, manufacturers and private-equity clients in commercial and product-liability disputes. He is co-chair of Quarles & Brady’s national diversity committee. Hunter, who leads a team that manages a portfolio of 1,600 asbestos cases, recently resolved a claim worth several million dollars on behalf of an entertainment conglomerate, represented an auto manufacturer in an arbitration dispute and resolved a $30 million shareholder dispute for a German auto parts manufacturer. Hunter joined Quarles & Brady in 2008 and was named a partner in 2010. Earlier, he was a senior associate at DLA Piper. He is a member of the president’s council at the Museum of Science & Industry and is general counsel for the Boy Scouts of America’s Northeast Illinois Council.

Mr. Hunter is a graduate of Brown University (Economics) and the Georgetown University Law Center.  He is admitted to practice in Illinois and New York. 

Mr. Hunter is a Chicago Business Leader of Color (2017), Illinois SuperLawyer (Business Litigation) (2014-present), Illinois State Bar Association Young Lawyer of the Year (2012) and Chicago Bar Association's "Exceptional Young Lawyer" (2006).

Tsan Abrahamson’s practice focuses on strategic counseling in the areas of social media, sweepstakes, intellectual property, advertising, trademark clearance, trademark and copyright prosecution, licensing, and other business transactions.  She also manages the adverse proceedings practice at the U.S. Patent and Trademark Office Trademark Trial and Appeal Board.  Tsan has an extensive practice in the area of marketing promotions, including social media promotions, gift card and gift certificate marketing, print and online sweepstakes, contests, give-aways, warranties, rebates, and coupon promotions.  Tsan completed her undergraduate work at Dartmouth College, and received both her JD and MBA from the UCLA School of Law and The Anderson Graduate School of Management.

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.

Eleanor Lacey is the VP, General Counsel, and Secretary of SurveyMonkey Inc. a global online consumer survey platform, where she runs SurveyMonkey’s global legal function.  Eleanor began her legal career in San Francisco as a commercial litigator at Jackson Tufts & then at Howard Rice (now Arnold & Porter).  She moved to an in-house Corporate Counsel position at Autodesk, Inc. early in her career and there she broadened her practice to include corporate law and began incorporating business elements into her legal practice.  Prior to joining SurveyMonkey, Eleanor held both business and legal roles in consumer and enterprise software companies including General Counsel & VP, Business Development at Corel, Inc., VP, Corporate Development at SupportSoft, Inc., and VP, General Counsel at Niku Corporation (now part of Computer Associates).  Eleanor received her J.D. from Yale Law School, graduated Phi Beta Kappa and Summa Cum Laude with a B.A. in History and English from the University of Massachusetts, at Amherst, studied Chinese history in Xian, China and Taichung, Taiwan, and speaks conversational Mandarin Chinese.  She lives in Silicon Valley with her husband and two daughters.

J. Dax Hansen is a Partner in the Seattle office of Perkins Coie LLP and Chair of the firm's Electronic Financial Services and Decentralized Virtual Currency Industry Groups.  He also is a member of the firm’s Technology, Transactions and Privacy practice group.  Mr. Hansen advises payment service providers, retailers, wireless carriers, social media companies, interactive entertainment companies and other clients on matters related to payments, technology, and international business. 

Winston Krone, Esq. is the Managing Director of Kivu, a nationwide technology firm specializing in the forensic response to data breaches and proactive privacy and IT security compliance.   Winston has handled the technical response and remediation on numerous privacy incidents, data breaches, and computer network intrusions in a wide range of sectors including education, healthcare, professional services, and financial institutions.  He has frequently testified as a cyber expert before US regulators, in post-breach litigation, and in state and Federal courts regarding computer forensic issues.  Winston is also an English solicitor and California attorney, experienced in privacy and cyber issues.  He has represented clients at both civil and criminal cases in California state courts, the English High Court, the European Court of Justice, and the European Court of Human Rights.  Winston received his law degree from Oxford University, UK.