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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, Pamela A. Bresnahan, 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.

Education

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 patent litigation, Internet and privacy issues, trade secret matters, matters involving unfair competition claims under California Business and Professions Code section 17200, false advertising, and class actions.

Jim is a Certified Information Privacy Professional (CIPP) as designated by the International Association of Privacy Professionals (IAPP) and a co-chair of the IAPP’s KnowledgeNet program.


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 Dice.com 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.


Marc Roth works with clients to comply with state and federal laws and rules governing privacy, social media, sweepstakes, telemarketing, and advertising. He also counsels clients on transactional matters, and guides them through federal and state government investigations.

Previously chief compliance counsel for a Time Warner company and an FTC staff attorney, Marc draws upon decades of consumer advertising and marketing law experience when counseling clients. He frequently speaks and writes about privacy and telemarketing issues.

Marc drafts and amends online and offline privacy policies, and advises companies on how data may be collected, shared, and used in partner marketing arrangements. He also advises clients on laws governing data use and security. These include the Children’s Online Privacy Protection Act, the Gramm-Leach-Bliley Act, the Fair Credit Reporting Act, the Fair and Accurate Credit Transactions Act, the Video Privacy Protection Act, HIPAA, the CAN-SPAM Act, and the E.U. Data Protection Directive.

In the marketing arena, Marc counsels clients on how to develop and manage telemarketing programs that comply with the Telemarketing Sales Rule, the Telephone Consumer Protection Act, and applicable state laws. He also advises companies on how to develop and manage free trial, negative option, and continuity marketing programs in compliance with all applicable laws, regulations and credit card processing rules.

Additionally, Marc counsels clients preparing to conduct marketing campaigns through online social networks.


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, such as on Facebook and Twitter, gift card and gift certificate marketing, print and online sweepstakes, contests, give-aways, warranties, rebates, and coupon promotions.  She also advises on corresponding privacy issues related thereto.

Tsan's advertising practice includes working with regulatory agencies to comply with federal guidelines, including new FTC guidelines regarding affiliate marketing, CAN-SPAM. and the Deceptive Mail Prevention and Enforcement Act. She also advises on ad campaigns, including script review, storyboard clearance, and network media placement.

Tsan also has special expertise in children's marketing issues, including promotions and claim substantiation, COPPA compliance, and advertising to children in print and television media.  She has been a SuperLawyer since 2009, and is in Who’s Who Legal for her expertise in Internet and E-commerce matters.  She was inducted into the American Law Institute in 2007.

Tsan’s professional affiliations include the International Trademark Association, the Brand Activation Association, and the American Bar Association.  She is an adjunct professor of law at USF School of Law.

Prior to Cobalt LLP, Tsan was worldwide intellectual property and licensing counsel for LeapFrog Enterprises, Inc., She also practiced for 7 years with the San Francisco firm of Cooley Godward Kronish (formerly Cooley Godward), where she represented video game makers, online auction houses, pharmaceutical companies, and numerous other large companies. Tsan also spent 8 years as a chef.

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, respectively. She is recognized by Strathmore's Who's Who for leadership and achievement in the law, and has been selected as a California Super Lawyer.


An Advocate…

Steven Hunter is a trial lawyer with experience representing clients as lead counsel in business disputes around the world.  He has won jury trials and bench trials as well as domestic and international arbitrations.   Mr. Hunter has recent experience:

Finance:                  

Representing banks and other financial institutions in commercial loan, syndicated loan, lender liability, fraud, and consumer fraud disputes including the recovery and disposition of million dollars of secured assets.

Manufacturing:              

Representing international raw material, component, and end-product manufacturers in product liability, breach of contract, and business tort claims brought in courts around the United States.

Construction:                

Representing construction managers, owners, and trades in design, defect and delay disputes.

Shareholder Disputes:                       

Representing closely held corporations as well as members and shareholders in "corporate divorce"/corporate dissolution disputes.

Government Investigations:                

Representing companies and individuals before various Illinois state and local administrative agencies, including, the Illinois Department of Professional and Financial Regulation and the Illinois Environmental   Protection Agency       

Athletes/ Entertainers:                 

Representing entertainers and professional athletes in business and personal liability disputes.

Pro Bono:                       

Representing pro bono clients in criminal, family law, and political asylum proceedings.

A Counselor….

Data Privacy & Security:

Steven is the national chair of the Electronic Discovery and Record Retention Group at Quarles & Brady, and is one of a handful of attorneys in the US certified as an Association of Certified e-Discovery Specialists (ACEDS) e-discovery specialist*. In that vein, Steven develops enterprise storage and retention policies to address data retrieval and security concerns and counsels clients in the financial services, manufacturing, and retail industries on the civil risk from data breach and developments in the litigation of  data breach disputes.

*The bars Illinois and New York do not recognize legal specialities.

National Diversity Committee:   

Steven serves on the Quarles' National Diversity Committee.  This committee is charged with recruiting, retaining and promoting the firm's diverse legal talent.  As chair of the         sub-committee on external visibility, Steven manages the firm's relationships with diverse bar associations and identifies awards and recognition suitable for the firm's diverse talent.

National Innovation Committee:

Steven serves on Quarles' National Innovation Committee.  In that capacity, he is responsible for recommending improvements/innovations to the firm chair on issues ranging from technology to pricing.


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 (www.sevenadvisory.com). One of the founders and Board Directors of DATA (www.datauthority.org), 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 (www.kraken.com), 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.


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.

Practices

Intellectual Property
Litigation
White Collar Defense and Corporate Investigations

Industries

Art, Digital Business, Financial Services, Maritime

Education

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


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.  


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. 


Joseph V. DeMarco is a partner at DeVore & DeMarco LLP where he specializes in counseling clients on complex litigation and investigation issues involving a range of subjects including fraud and securities laws violations, information privacy and security, theft of intellectual property, and computer intrusions. 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 white collar 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 prosecuted a wide range of white collar crimes and founded and headed the Computer Hacking and Intellectual Property (CHIPs) Program, a group of five prosecutors dedicated to investigating and prosecuting violations of federal cybercrime laws and intellectual property offenses, encompassing all forms of criminal activity affecting e- commerce.

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 United States as well as in Europe, Asia and the Middle East on white collar crime and cybercrime and has lectured on the subject of cybercrime at Harvard Law School.

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.


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 and security. 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.


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.


Mr. Yates is chair of the Corporate Technology Group of Morris, Manning & Martin in Atlanta. He is internationally recognized in the technology law and corporate finance fields.  His firm represents technology companies in all stages of growth and is a leader in VC and private equity deals, IPOs and M&A transactions. Mr. Yates is co-founder of the Technology Association of Georgia, Southeastern Software Association, and Southeast Medical Device Association. He has authored hundreds of articles and was cited by the U.S. Supreme Court in Kodak vs. Image Technical Services.

He received his B.A. and J.D. from Duke University and serves on the Board of Visitors at the Duke School of Law and Board of Trustees of FurmanUniversity. Mr. Yates was chair of the 2013 NCAA Final Four Basketball Tournament in Atlanta in April 2013.


Pam is a partner in the Vorys Washington, D.C. office and is the Chair of the litigation practice group in that office. She serves as trial and appellate counsel in business and commercial litigation matters, with an emphasis on professional liability, errors and omissions and coverage litigation.  She represents lawyers, financial institutions, broker/dealers, financial professionals, directors and officers, technology professionals, fiduciaries, insurers and other professionals. Pam serves as coverage and litigation counsel for insurers issuing errors and omissions policies. She represents businesses and individuals in securities, technology, intellectual property and other corporate litigation. She advises law firms and lawyers on management, ethics and risk prevention issues.  Pam is a Fellow of the American College of Trial Lawyers and has been named in Best Lawyers in America in the areas of professional liability, professional responsibility, commercial litigation and bet-the-company litigation.  Pam is a member of the ABA Board of Governors.  She is admitted to practice in Maryland, the District of Columbia, New York, California and Illinois.