Skip to main content

Think Like a Lawyer and Talk Like a Geek 2015: Get Fluent in Technology


Speaker(s): David W. Opderbeck, James Q. Walker, Joseph J. Lewczak, Joseph V. DeMarco, Justin Freeman, Kenneth A. Adler, Lori E. Lesser, Matthew Haies, Michelle C. Ifill, Michelle Perez, Nur-ul-Haq, Peter Brown, Richard M. Borden, Roy Stephan, Steven A. Rogers, Timothy Ryan
Recorded on: Nov. 6, 2015
PLI Program #: 59412

Rick Borden is Chief Privacy Officer, and Chief Information Security and Privacy Counsel of DTCC. DTCC serves as the centralized clearinghouse for more than 50 exchanges and equity trading platforms in the U.S. The DTCC depository provides custody and asset servicing for securities issued from 131 countries. In addition, DTCC’s global trade repositories record more than U.S. $500 trillion in gross notional value of transactions made worldwide. Prior to joining DTCC, Rick was Senior Vice President & Assistant General Counsel at Bank of America. Rick was an Assistant General Counsel at The Hartford. Rick is an inventor on 1 patent and 5 patent applications. Rick was Counsel at Brown RaysmanMillstein Felder & Steiner, specializing in venture capital and private equity funded companies. He was the General Counsel at Paradigm4, a private equity funded wireless data and systems integration company. Rick started his legal career at Cravath, Swaine & Moore.


James Q. Walker concentrates in government investigations, complex commercial litigation, professional liability and legal ethics.  Mr. Walker represents companies and senior executives in federal and state criminal and civil investigations of potential violations of the securities laws and the Foreign Corrupt Practices Act.  He represents law firms and lawyers in government and internal investigations of potential criminal, regulatory and/or professional misconduct, and in related criminal and civil litigation and regulatory proceedings. 

Mr. Walker is the Chair of the New York County Lawyer’s Association Professional Ethics Committee.  He has served on the New York City Bar’s Professional Discipline, Professional and Judicial Ethics, Professional Responsibility, and Securities Regulation Committees, and on the New York State Bar Association Committee on Professional Ethics, where he has been a member since 1996.  He has drafted numerous ethics opinions and reports on ethics issues.  Mr. Walker is a frequent lecturer on legal ethics, internal investigations and corporate governance, and has written articles on attorney-client privilege, professional ethics, internal investigations, and issues arising under the securities laws.  Mr. Walker also serves as General Counsel to Richards Kibbe & Orbe LLP.


Joseph Lewczak is a partner in the Advertising, Marketing & Promotions; Entertainment, Media & Sports and Intellectual Property Practice Groups of Davis & Gilbert, and one of the country’s leading experts in advertising, marketing and promotions laws. He has extensive experience in representing a wide range of advertising and promotions agencies, advertisers and media companies on a broad array of issues relating to advertising, promotions, social media, native advertising and intellectual property. He is the founder and lead guitarist for the firm’s rock band, Generator Honey, two-time winner of the Advertising Week Battle of the Ad Bands. 

Mr. Lewczak has been recognized as a leading lawyer for advertising law by Chambers USA: America’s Leading Lawyers for Business for nine consecutive years (2008-2016).The Legal 500 United States directory has also recognized him for eight consecutive years (2009-2016) in the area of advertising and marketing. In addition, Mr. Lewczak has been recognized by The Best Lawyers in America in advertising law (2011-2017) and in media law (2017) and was named the 2017 Media Law “Lawyer of the Year” in New York City. He was also selected as a Super Lawyer by New York Metro Super Lawyers (2013-2015).

Mr. Lewczak takes a practical approach to advising his clients, always ensuring that deals are completed as quickly and efficiently as possible while limiting accompanying risk exposure. His extremely broad knowledge base and his expertise are invaluable in helping clients navigate the converging landscape of traditional, digital, social and mobile media. His considerable experience includes advising on all aspects of legal compliance on advertising and promotions issues, and he frequently helps his clients create successful and legally compliant complex games of chance and skill. He is an expert in drafting and negotiating a wide array of agreements including talent agreements, all manner of licensing agreements, and media buying and traditional agency services agreements. 

Mr. Lewczak is a frequent public speaker on advertising, marketing, promotions and social media issues, and he has written extensively on these topics.

Mr. Lewczak served as an adjunct professor at New York Law School, where he taught advertising, marketing and promotions law. Prior to joining Davis & Gilbert, he was the director of legal affairs at EMI-Capitol Music Group North America and a corporate attorney at Willkie Farr & Gallagher LLP.


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.


Justin Freeman is Senior Corporate Counsel at Rackspace Hosting, the service leader in cloud computing. With expertise in legal and technical areas of cloud computing law, Justin primarily represents Rackspace in technically complex commercial transaction agreements, data security, data privacy and compliance matters (including the EU Data Protection Directive, HIPAA, and PCI-DSS standards), legal review of product development activities, and public policy matters (with a focus on intellectual property, security and privacy issues).

Justin's current commercial focus is on Rackspace’s Managed Private Cloud portfolio; supporting OpenStack, Microsoft, and VMWare private cloud initiatives, advising on service and software offerings, intellectual property matters, and associated technology licensing and commercial agreements.

Justin is actively engaged in technology related public policy initiatives as part of his representation of Rackspace and as a board member of both the Internet Infrastructure Coalition (i2Coalition) and the Texas Association of Business (TAB). Justin has provided expert witness testimony on cloud policy, competitiveness, and security matters before both state and federal congressional committees, chair's the i2Coalition's patent reform committee, is assistant treasurer of the Rackspace PAC, and previously served as a member of the 2013 Texas State Strategic Plan Advisory Committee on Technology.

Justin has an extensive technical background including specialization in network security systems and patient care critical healthcare IT systems.

Justin is a graduate of the UT Austin Plan II Honors program and the SMU Dedman School of Law, a member of the State Bar of Texas, and an IAPP Certified Information Privacy Professional (CIPP/US).


Lori Lesser is a Partner at Simpson Thacher & Bartlett LLP, where she practices in the Litigation Department and is Head of the Intellectual Property Transactions Practice and Co-Chair of the Privacy and Cybersecurity Practice. Lori advises on all aspects of intellectual property, technology and privacy law, including corporate transactions, litigation, licensing, outsourcing, strategic agreements and counseling.

Her IP transactional experience includes mergers and acquisitions, securities offerings and secured financings, bankruptcy and restructurings, joint ventures, licensing, outsourcing, counseling and other strategic agreements. Her IP litigation practice comprises trial and appellate work and WIPO arbitrations.

Ms. Lesser is also consistently recognized by Chambers USA, The Legal 500 and The Best Lawyers in America, for which she has been named the “Information Technology Lawyer of the Year” for New York City. She has been listed in the “Top 50 Under 45” U.S. IP Lawyers (IP Law & Business magazine), the “Top 45 Under 45” U.S. women lawyers (The American Lawyer), and “The 20 Most Influential Women in IP Law” (Law360). She has been ranked in New York City’s top 100 lawyers and top 50 women lawyers by Super Lawyers. She has received the Burton Award for legal writing and the Award of Excellence from Volunteer Lawyers for the Arts. Her IP work in private equity deals has been featured on the cover of IP Law & Business.

Ms. Lesser has served as a David Rockefeller Fellow for New York City and corporate partner for GreaterNY and serves on the boards of the Partnership Fund for New York City and the Citizens Budget Commission. She is President of the Harvard Law School Association of NYC and serves on the Executive Committee of the Harvard Class of 1988. She is on the Advisory Board of ChIPs (chief IP counsel), the Business Advisory Council of ProPublica, the Leadership Council of Barnard’s Athena Center for Leadership Studies, and the Hunter College Pre-Law Advisory Board. She is a Fellow of the Foreign Policy Association.

Ms. Lesser graduated from Harvard University (A.B., magna cum laude and Phi Beta Kappa, 1988) and Harvard Law School (J.D., cum laude, 1993).


Michelle C. Ifill is the Senior Vice President and General Counsel of Verizon Corporate Services Group, Inc., responsible for primary legal oversight and support of Information Technology and Cyber Security, as well as the Chief Administrative Office, which includes Sourcing, Global Real Estate and Aviation & Fleet Management. Michelle’s team also has primary responsibility for a variety of intellectual property and financial services areas.

Before this most recent appointment, Michelle was Senior Vice President, General Counsel and Secretary for Verizon’s Enterprise Solutions legal organization. In this capacity, she was responsible for representing the legal and regulatory interests for Verizon’s $18 billion global business unit which oversees all of Verizon's wireless, wireline, IT and Cloud capabilities for enterprise and government customers globally. Prior to this role, Michelle was Vice President and Deputy General Counsel responsible for supporting Verizon’s global enterprise sales organization, where she led a team that provided commercial legal counsel and contract negotiation support for more than $15 billion in revenue generated in the U.S., Europe, the Middle East and Africa.

Michelle is a Co-Chair of the Verizon Legal Diversity & Inclusion Council and sits on the Board of Trustees for SUNY Purchase College Foundation as Governance Chair. Active in the mentoring of students and young professionals, Michelle is an Advisory Board Member of the Ron Brown Scholars Program. Michelle is also engaged in the importance of diversity in the legal profession and speaks on the subject often, as well as on issues surrounding executive leadership for women, information security, global corporate governance and compliance.

Michelle received a Bachelor of Arts from Brown University and her law degree from Harvard Law School.


Michelle Perez is Assistant General Counsel Privacy for the Interpublic Group of Companies (“IPG”), a global network of advertising and marketing communications agencies, where she is responsible for data privacy globally.  Her duties include the development, implementation and management of data privacy policies, initiatives, strategies and programs.

Prior to joining IPG, Ms. Perez was Senior Privacy Counsel for Philips Electronics North America Corporation, a multi-national health and well-being company.  In this role, she advised Philips’ businesses and functional organizations on data protection and privacy issues, managed data security incidents, and contributed to corporate efforts aimed at addressing emerging privacy and data protection requirements.

Ms. Perez is a Certified Information Privacy Professional, and a member of the 4As Privacy Committee.

Ms. Perez is a former Assistant United States Attorney for the Eastern District of New York.  She received her J.D. from Fordham School of Law and her B.A. from Georgetown University.


Nur-ul-Haq is US Privacy Counsel at NBCUniversal, where he advises on issues relating to privacy and data protection for the company’s portfolio of brands, including its sports, news, film and entertainment divisions, as well as its movie ticketing and theme park businesses.  Nur also provides privacy guidance in the context of internal company operations, including human resources and corporate sourcing.

Prior to joining NBCUniversal, Nur was a staff attorney in the Northeast Region of the Federal Trade Commission, where he oversaw and participated in investigations and litigations involving mergers, anticompetitive conduct, and unfair and deceptive business practices directed at consumers.  While at the FTC, Nur served on the trial team in the FTC’s antitrust litigation against the Intel Corporation and also obtained a multimillion dollar judgment in federal District Court for the deceptive advertising of a purported diet aid in FTC v. Bronson Partners.  In addition to his law enforcement and litigation duties, Nur frequently spoke to consumer and business groups as well as the news media on various topics, such as identity theft, privacy and data security, and online consumer fraud.

Nur is a graduate of Boston University School of Law (cum laude) and Georgetown University.  He is a member of the American Bar Association Sections of Antitrust Law and Science and Technology Law, the Massachusetts Bar Association, the New York State Bar Association, and the International Association of Privacy Professionals.


Peter Brown has focused on technology law matters in national law firms and boutiques for over 25 years. He is currently the principal of Peter Brown & Associates PLLC, a New York boutique law firm concentrating in information technology, intellectual property and arbitration.

“The Best Lawyers in America” ® publication honored him as the “Lawyer of the Year” in Information Technology Law 2018 for New York City.

Mr. Brown has experience in a wide variety of litigations and arbitrations relating to the Internet, information technology and intellectual property. He regularly appears in both federal and state courts throughout the United States. In addition, Mr. Brown has acted as an arbitrator or mediator in over 70 matters involving IT and IP disputes.

Throughout his career he has drafted and negotiated a broad array of agreements relating to the Internet, outsourcing, cloud computing services, application software, Internet apps and e-commerce.  He has prepared these agreements for domestic businesses and international companies.

Mr. Brown co-authored the leading treatises Emerging Technologies and the Law and Computer Law. He also co-authors a monthly column on Information Technology Law for the New York Law Journal.

Mr. Brown is regularly featured as a speaker at the International Technology Law Association, local bar associations and other professional organizations in the US and abroad. He frequently speaks on the topic of artificial intelligence, IT and IP.

The Best Lawyers in America 2019 edition (affiliated with U.S. News & World Report), rated Peter Brown & Associates PLLC a First Tier National Technology Law firm. Chambers USA, New York Metro Superlawyers and other ratings organization have all given Mr. Brown high ratings in the fields of IT and IP. For further information see www.browntechlegal.com


Professor Opderbeck’s work focuses on the regulation of access to scientific and technological information. His published work has employed the tools of game theory, classical microeconomics, and statistical analysis to address issues such as settlements in Hatch-Waxman litigation, cybersecurity policy, intellectual property restrictions on essential medicines in developing countries, open source biotechnology, patent damages reform, and the interaction of law and social norms concerning music file sharing.

Professor Opderbeck’s interest in cybersecurity law and policy included a multi-year grant-funded project sponsored by the Bergen County, New Jersey Prosecutor’s Office, which included new courses, continuing legal education programs, and the creation of a governmental working group on cybersecurity and cybercrime.  The governmental working group recently worked on a new online child pornography bill that was signed into law by Governor Christie.  Professor Opderbeck frequently lectures to law enforcement agencies and other groups on cybercrime, cyberterrorism, and civil liberties.

In addition to his traditional legal scholarship, Professor Opderbeck is interested in the philosophical and moral foundations of information policy and other aspects of the law. He has written on ethical, philosophical and theological issues in law and jurisprudence, and currently is completing a doctorate in philosophical theology regarding the intersection of neuroscience and the law.

Professor Opderbeck maintains a website relating to his work at http://www.davidopderbeck.com.


Timothy P. Ryan is a Principal in the Fraud Investigation & Dispute Services practice of Ernst & Young LLP where he assists clients in responding to, investigating, and remediating cyber incidents. Prior to joining EY, Tim led the Cyber Security and Investigations practice of an international risk consultancy. Tim also previously had a distinguished career as a Supervisory Special Agent with the Federal Bureau of Investigation (FBI), where he supervised the largest Cyber Squad in the United States. An expert in responding to all forms of computer crime, attacks, and abuse, Tim has led complex cyber investigations involving corporate espionage, advanced computer

intrusions, denial of service, insider attacks, malware outbreaks, Internet fraud, and theft of trade secrets. Tim also served as Acting Director of the FBI’s New Jersey Regional Computer Forensics Lab, one of the nation’s largest, state-of-the-art digital forensic laboratories. As a member of the FBI’s elite Computer Analysis and Response Team, Tim also conducted computer forensic examinations on behalf of federal, state, and local authorities.

Tim has provided cyber expertise to state and local law enforcement on investigations of crimes, including homicides, stalking, missing children, cyber-bullying and internal affairs. A certified FBI instructor, he developed a cyber-based curriculum and trained hundreds of law enforcement and private professionals in evidence acquisition, security policy and implementation, breach response and mitigation, hacker methodology and employee Internet safety.

Tim was an adjunct professor at Seton Hall University School of Law where he taught cyber crime and cyber security to law students, prosecutors, defense attorneys and homeland security professionals. Tim has been interviewed and quoted by numerous media outlets, among them The Wall Street Journal, CNN, Newsweek, CBS, NBC Nightly News, BBC, CNBC, The Today Show, ABC, Washington Post, and USA Today.

Before joining the FBI, Tim was an accomplished attorney in private practice in Arizona. Earlier, he served as Military Police with the U.S. Army during Operation

Desert Shield and Desert Storm, for which he was awarded multiple commendations for service and actions on duty.

Education

J.D. Rutgers University School of Law

M.S. Information Technology and Information Assurance, University of Maryland

B.A. Political Science, Kean University

Certification

Global Certified Incident Handler (GCIH)

FBI Computer Analysis Response Team (former)

FBI Instructor (former)

Licensed to practice law in NJ and AZ


As Senior Vice President, General Counsel of Xaxis, Matthew Haies oversees the worldwide legal strategy of the world’s largest programmatic media and technology company.  He also serves on the Board of Directors of the Network Advertising Initiative, a leading self-regulatory association dedicated to responsible data collection and use for digital advertising.

Prior to Xaxis’s merger with 24/7 Media, Matt served as Vice President, General Counsel of 24/7 Media and was instrumental in executing the merger between the companies. Matt came to 24/7 Media from AppNexus, where he initially served as General Counsel, building the company’s legal organization from scratch, and later served as Vice President of Privacy Strategy. Prior to that, Matt co-founded and led a privacy-focused start-up venture. He previously served as Senior Counsel at Google, where he was the lead attorney for the company’s DoubleClick division and Invite Media subsidiary. Matt was formerly a corporate attorney at Kramer Levin Naftalis & Frankel, where he specialized in mergers and acquisitions, securities, and corporate governance.

Matt earned his Bachelor’s degree, cum laude, from Duke University and his J.D. from NYU School of Law.


Ken A. Adler

Chair, Technology and Outsourcing

With more than 30 years of experience handling complex sourcing and technology transactions, Ken Adler understands the complexities of today’s evolving technology landscape. He serves as a trusted business advisor and legal strategist to clients across all industry sectors, particularly retail and consumer products, financial services, health care and insurance.

Ken represents clients in all facets of complex global and domestic sourcing and technology transactions, including with respect to information technology, emerging technologies and telecommunications, as well as joint ventures, strategic investments and other corporate transactions. Known for his business-centric approach, Ken is often called upon by clients in the early stages of a project to help structure transactions in a way that achieves the clients’ goals while addressing and mitigating any related risks.

He regularly handles complex transactions involving emerging technologies such as cloud computing and automation, as well as transactions relating to outsourcings of core IT and business functions. He has significant experience addressing the creation of, and strategies relating to, multi-sourced environments, as well as renegotiation and termination of existing outsourcing and IT-related agreements.

Ken has earned a reputation for bringing together the right legal partners from across the firm’s various disciplines – including mergers and acquisitions, privacy, tax and payment technologies, among others – to complete large, complex transactions at the intersection of technology, sourcing and innovation.


Steven Rogers has more than 30 years of technology leadership experience. During his career he founded and served as CEO of five network product companies that have produced: secure terminals, video switching, advanced routers, real-time mission-critical video networks, and real-time applied threat intelligence for network security. These critical communications systems have been deployed globally in large hospitals, in all of the major wartime operations over the past three decades, throughout the Fortune 1000, and as the President’s secure communications on Air Force One. Steven has raised over $100m in venture capital and has had a number of successful public offerings and company sales. His background also includes management and development at Unisys, American Satellite, Harris Government Systems, and COMSAT. Steven began his career in the USAF in the Air Force Security Group, where he worked on encryption and new secure communications systems for the AWACS, the National Military Command Center, various space-based systems for the NRO, and Air Force One. He was awarded the AF Commendation Medal and the Defense Meritorious Service Medal. Steven holds a Bachelor of Science degree in Electrical Engineering from Virginia Tech and has over 10 US Patents.


Roy has served as Founder/CTO for three different start-ups from dot coms to information security. He also worked for an incubator building ten companies and held the position of top technologist/CTO for a $500M systems integrator in the Washington, DC area.  Roy has built corporate divisions in cyber security, networking, cloud computing, application development and mobile computing.  Additionally Roy has managed R&D test labs across the US and designed secure solutions for Government, Healthcare, and Financial markets.