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Cloud Computing 2015: Key Issues and Practical Guidance


Speaker(s): Alison A. Grounds, Janine Anthony Bowen, John P. Hutchins, Merri A. Baldwin, Perry Robinson, Rachel Beth Evans, Tanya L. Forsheit
Recorded on: Jun. 8, 2015
PLI Program #: 59129

Alison Grounds is a litigation partner with Troutman Sanders LLP and also serves as the Managing Director of Troutman Sanders eMerge -- a wholly owned subsidiary focused on providing matter-specific legal and technical solutions for the management of electronically stored information (ESI) in legal matters. 

Alison advocates on behalf of clients in relation to eDiscovery issues before courts, adversaries and agencies around the country and consults with clients on all phases of discovery, including litigation readiness.  She is a frequent speaker and author on eDiscovery issues and serves as a dedicated legal resource for Troutman Sanders' lawyers and clients on the intersection of discovery law and technology.

Alison leads a team of lawyers and technologists, including custom programmers, who assist clients with data management issues from preservation through trial as well as through custom applications for legal compliance. Alison has assisted hundreds of clients in a variety of industries, including energy, financial services, insurance, pharmaceuticals, construction, technology, and manufacturing with data management issues in litigation, arbitrations, and investigations.

Alison was selected as ILTA’s Technology Advocacy Professional of the Year in 2013 and was the first recipient of the Monica Bay STEM Leadership award in 2015.

Education

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

Distinctions

  • Selected as a Rising Star in General Litigation by Law & Politics and Atlanta Magazine (2009-2014)
  • Selected as Georgia Super Lawyer (2015 - 2016)
  • Selected as ILTA’s Technology Advocacy Professional of the Year (2013)
  • Named to the Fulton County Daily Report's 2013 "On the Rise" list for top lawyers in Georgia under the age of 40
  • Inaugural Recipient of the Monica Bay STEM Leadership Award (2015)
  • Associate Fellow, Litigation Counsel of America


Merri Baldwin is a shareholder at Rogers Joseph O’Donnell, where her practice focuses on attorney liability and commercial litigation.  She handles claims of legal malpractice and breach of fiduciary duty, as well as motions to disqualify and for sanctions.  She regularly counsels lawyers and law firms on legal ethics and law practice management issues.  She represents attorneys in disciplinary matters before the State Bar of California, and has extensive experience handling attorney-client fee disputes.  Ms. Baldwin is an advisor to 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 is the President of the Bar Association of San Francisco for 2017.  Ms. Baldwin frequently lectures to attorneys and professional organizations on issues related to litigation, legal malpractice and ethics issues, and she is an adjunct professor at the University of California at Berkeley School of Law.  Ms. Baldwin co-edited The Law of Lawyers’ Liability (ABA/First Chair Press 2012) and since 2006 she 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 (Boalt Hall)

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


Primary Areas of Practice: Cloud Computing, Privacy, Commercial Contracts, Marketing, Public Policy        

Law School/Graduate School: Baylor Law School          

Work History:

Rackspace 2007 – present
The Performance Companies/ TPC Mgmt 2005-2007        
Martin Drought & Torres 2004-2005

Professional Memberships:

State Bar of Texas
IAPP- CIPP Designation


Primary Areas of Practice: 

John is the Atlanta office leader of LeClairRyan, where he represents businesses in all types of commercial litigation, and also in various types of transactions involving information technology, intellectual property and privacy and data security. He regularly advises clients on matters involving information technology, privacy & data security, outsourcing, e-commerce, the Internet and social media and cloud computing.  He is recognized by Best Lawyers in America as a leading lawyer in the area of Information Technology.  

Law School/Graduate School:  University of South Carolina


A Shareholder with LeClairRyan, Janine Anthony Bowen counsels clients in technology-related matters regarding cloud computing, mobile commerce, Internet & E-commerce, privacy & data security, intellectual property, and the licensing and acquisition of technology. She helps clients maximize the value of their technology and technology-related spend.

Janine is an engineer, and technologist, as well as an attorney. This unique blend of skills and experience gives her the ability to understand and collaborate with clients – on legal and business issues.

Over the years, Janine has developed an expertise advising her clients on negotiating technology-related deals with Fortune 500 companies. She has negotiated on her clients’ behalf, against notable companies such as Google, Microsoft, Oracle, GE, Expedia, American Express, and Disney, among others.

Her ability to achieve results stems from deep experience in drafting technology and intellectual property agreements and negotiating successful contracts across a broad array of business sectors. In those agreements, Ms. Bowen secures the most advantageous position for her clients, enabling them to preserve robust ownership rights and helping them to enjoy the highest possible return from licensing their technology.

She helps businesses resolve technology disputes and she advises them on strategies for solving a wide range of legal technology challenges. In addition to skillful negotiation, clients count on Ms. Bowen for intelligent technology analysis, cost control, strategic growth advice and thought leadership.

Her notable engagements include:

  • Serving as lead counsel for a $125M education technology and services business.
  • Serving as lead technology counsel on a $75 million ERP application management outsourcing.
  • Serving as lead counsel in the negotiation of $160 million and $50 million cloud services agreement between a provider of outsourced technology services and the provider’s client.

Before joining LeClairRyan, Janine founded JACK Attorneys & Advisors, a Technology Law boutique practice, and capped a more than decade-long practice in law by rising to partner at the Atlanta office of McKenna Long & Aldridge LLP. Before practicing law, she built a foundation for her career in technology. She worked as a senior software consultant for Accenture, as an industrial engineer at CIBA Vision and as a program manager for IBM, where she managed technology licensing agreements that generated global revenue exceeding $150 million a year.

Education

  • J.D., Georgia State University College of Law, 1998
  • M.S., Clemson University, 1991
  • B.S., Clemson University, 1989

Certifications/Other Credentials

  • Certified Information Privacy Professional/US, International Association of Privacy Professionals
  • Certificate, CloudU
  • Consumer Privacy Ombudsman, US Bankruptcy Trustee, Region 8

 


Prior to joining Infosys on May 1, Rachel worked at Accenture from 2003 to 2015, most recently as the Director of Legal Services for IT Offerings. Her areas of focus include Regulatory Compliance, Complex IT Transactions, IP Licensing, Cloud Computing, Open Source Software, and Software as a Service.

Rachel has been an in-house technology lawyer in Silicon Valley for over 20 years. She grew up in the Chicago area, received her undergraduate degree in psychology from the University of Michigan in 1990, and graduated cum laude from Indiana University School of Law in 1994, where she was an editor of the Indiana Law Journal. Rachel is admitted to practice law in New York and California.

Rachel has been a speaker at numerous PLI conferences over the past 5 years. She is a Litigation Counsel of America Fellow and was recently an LCA panelist on Cloud Computing in 2014. She has also been a Judge for the Intercollegiate Ethics Bowl since 2010.

Rachel lives in San Jose, California. When she’s not working, she enjoys volunteering in animal rescue.

 


Widely considered one of the country’s top privacy and data security lawyers, Tanya Forsheit has advised on high-profile matters involving confidential data and other sensitive information for nearly 20 years.

Ms. Forsheit is Co-Chair of the Privacy & Data Security Group, and a partner in the Technology & Digital Media, Litigation, and Advertising, Marketing & Public Relations groups. She represents multi-national and emerging companies in the media, entertainment, consumer products, healthcare, technology and professional services industries, and serves as outside privacy counsel for numerous organizations. She counsels clients facing data security breaches and defends against allegations that they mishandled sensitive customer or employee information. She advises on the protection, storage and monetization of confidential data, including privacy policies, mobile apps, cloud computing, smart devices and data analytics. Ms. Forsheit has frequently appeared in federal and state court litigation, and has advised clients in matters before the Federal Trade Commission and California and other state Attorneys General.

Her representative matters include:

            Advised on hundreds of information technology deals and transactions on behalf of both service providers and enterprise purchasers, including due diligence for, and negotiation and drafting of terms for, cloud computing agreements involving the sharing of sensitive information and other IT outsourcing transactions;

            Counseled hundreds of clients on implementation of programs, policies and procedures for purposes of complying with applicable laws and best practices, including but not limited to international laws such as the forthcoming European General Data Protection Regulation (GDPR); federal laws like the Telephone Consumer Protection Act, the CAN-SPAM Act, the Children’s Online Privacy Protection Act (COPPA), and the Gramm-Leach-Bliley Act (GLBA); and state laws including California’s Online Privacy Protection Act (CalOPPA) and Shine the Light law and Massachusetts’ data security regulations;

            Represented clients across industry sectors in connection with more than 100 data security breaches involving consumer data, employee information and other sensitive information;

            Drafted and updated several hundred privacy policies for websites, mobile apps and smart devices, including wearable technology;

            Assisted dozens of organizations on application for EU-US Privacy Shield certification;

            Represented nearly a dozen clients in litigating and/or resolving disputes under the Telephone Consumer Protection Act, including successfully defeating class certification in December 2015 on behalf of a healthcare technology company in a privacy class action in which plaintiffs sought recovery of more than $40 million for alleged unlawful transmission of faxes relating to HIPAA compliance.

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

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

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