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Defending Data Privacy, Behavioral Advertising and Security Breach Class Action Suits 2015: What Every Litigator and In-House Lawyer Needs to Know


Speaker(s): Christina Radocha, David Townsend, Sr., Eulonda G. Skyles, Harvey Jang, Hon. James Ware (Ret.), Ian C. Ballon, Jay Edelson, Jonathan R. Mayer, Joseph V. DeMarco, Naomi Meyers, Renée T. Lawson, Robert J. Herrington
Recorded on: Jan. 23, 2015
PLI Program #: 59536

 

Christina Radocha

Demand Media is an online content, media and e-commerce company that operates brands such as eHow, Cracked, Livestrong.com, Society6 and Saatchi Art. In August of 2014, Demand Media spun off its domain services business, eNom, Inc., the second largest domain name registrar in the world.

As Director of Business and Legal Affairs for Demand Media, Christina Radocha provides guidance to the business in a myriad of legal issues including intellectual property, privacy, and other general legal matters. She works closely with the business and Demand Media’s information security department on all data and privacy related matters, and is a member of the company’s cybersecurity task force.

Christina has handled several data breach related matters during her tenure at Demand Media. She also assists the litigation team on various matters and helped settle a privacy class action lawsuit in which Demand Media was a named defendant.

Prior to Demand Media, Christina worked in the intellectual property department at Microsoft Corporation. She received her undergraduate degree from the University of Kansas and her J.D. from Seattle University. Christina is a member of the both the Washington State Bar and California State Bar Association. She currently sits on the Internet Law Committee for the International Trademark Association and is a member of the Legal Affairs Council for the IAB.

 


Naomi Meyers is Senior Corporate Counsel and Director on the legal team at Autodesk, Inc., a leader in 3D design, engineering, and entertainment software.  She advises various product groups on a wide range of legal and business issues related to product development and release, including intellectual property, open source, and privacy.

Law School:

University of Texas School of Law, J.D. 1994

 

Work History:

Autodesk, Inc. 2006-present

Holland & Knight LLP 2001-2006, 1996-2000

Scient Corporation 2000-2001

Bracewell & Patterson LLP 1994-1996

 

Professional Memberships: 

Bar Admissions:  Texas and California


Harvey Jang is Senior Director, Global Data Protection & Privacy Counsel and APJC Data Protection & Privacy Officer for Cisco.  He serves as the team lead for privacy and data security related legal matters and is responsible for developing and orchestrating Cisco’s global data protection policies, compliance capabilities, certifications, and accountability frameworks.  Harvey also has primary responsibility for privacy strategy in Asia Pacific, Japan, and China (APJC) region for Cisco.

Prior to joining Cisco, Harvey was Senior Director, Legal Affairs for McAfee. Part of Intel Security where he was lead counsel for privacy, security, marketing, and antitrust compliance.  In this role, he worked closely with engineers and product teams to develop and implement data protection policies and practices, design privacy enhancing products and functionality, and manage legal compliance.  Before McAfee, Harvey was the Director of Privacy & Information Management and Chief Privacy & Security Counsel for HP; Senior Compliance Counsel for Symantec; and Litigation Counsel with O’Melveny & Myers LLP.

He is a member of the Board of Trustees for Bowman School in Palo Alto, serves as an instructor for the International Association of Privacy Professional’s privacy credentials (CIPP/US, CIPP/Europe, and CIP/Technologist), and is a frequent panelists/speaker on a variety of topics related to privacy, security, and information governance.

Harvey earned his B.A., magna cum laude, from UCLA and his J.D., cum laude, from U.C. Hastings College of the Law.  He is also a Fellow of Information Privacy (by IAPP), Certified Information Security Manager (by ISACA), and Certified Information Professional (by AIIM).


JAY EDELSON is the Founder and CEO of Edelson PC a consumer class action firm with offices in San Francisco and Chicago. Federal courts have recognized Jay as a “pioneer” in the emerging field of electronic privacy, having established key precedent in cases throughout the country and reaching some of the most important settlements in this space.  In addition to groundbreaking privacy suits against Facebook, Groupon, Amazon, and countless others, Jay is lead counsel in Robins v. Spokeo, where the United States Supreme Court held that “intangible” harms can satisfy Article 3 standing requirements.  In total, Jay has recovered over $1 billion for consumers, over $300 million of which comes from privacy cases.

Based primarily on his success in bringing consumer technology class actions, the national press has dubbed Jay and his firm the “most feared” litigators in Silicon Valley and, according to the New York Times, tech’s “babyfaced … boogeyman.” Most recently, Chicago Lawyer Magazine dubbed Jay “Public Enemy No. 1 in Silicon Valley.” The international press has called Jay one of the world’s “profiliertesten (most prominent)” privacy class action attorneys.  law360 has similarly recognized Jay as a “Titan of the Plaintiff’s Bar,” primarily based on his work in the tech and privacy space.  The National Law Journal recognized Jay as a “Cybersecurity Trailblazer” — one of only two plaintiff’s attorneys to win this recognition. 

Jay is an adjunct professor at UC Berkeley School of Law where he is teaching a class in Privacy Litigation.


Jonathan Mayer is a Ph.D. candidate in computer science and a lawyer at Stanford University, where he received his J.D. in 2013. He was named one of the Forbes 30 Under 30 in 2014, for his work on technology security and privacy. Jonathan’s research and commentary frequently appear in national publications, and he has contributed to federal and state law enforcement actions.

Jonathan is a Cybersecurity Fellow at the Center for International Security and Cooperation, a Junior Affiliate Scholar at the Center for Internet and Society, and a Stanford Interdisciplinary Graduate Fellow. He earned his A.B. at Princeton University in 2009, concentrating in the Woodrow Wilson School of Public and International Affairs.


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.


Renée Lawson is Deputy General Counsel at Zynga.  In addition to playing lots of fun Zynga games like Words with Friends and FarmVille, Renée leads Zynga’s product compliance, intellectual property, employment, government affairs, and litigation teams. She also is a Co-Founder and Board Member of Alta Vista School, a progressive elementary and middle school in San Francisco with a focus on math, science and technology. 

Prior to joining Zynga, Renée was a partner at Morgan Lewis in San Francisco for six years and started her legal career at Brobeck Phleger and Harrison.  She specialized in the areas of intellectual property and commercial litigation.  

Zynga Legal is proud to have been named one of the most innovative in-house teams in the United States by the Financial Times and a 2012 Best Legal Department finalist by Corporate Counsel.  Renée also has been named to the "Defense Hot List" by the National Law Journal, was identified as one of the "Best Lawyers in the Bay Area" by Bay Area Lawyer, and received the Inaugural Jack Londen Award from the Lawyers' Committee for Civil Rights for her pro bono work.

Education

  • University of California, Los Angeles School of Law, 1996, J.D.
  • University of California, Santa Barbara, 1992, M.A., examination magna cum laude (German)
  • Santa Clara University, 1990, B.A., cum laude (German)


Robert J. Herrington is Co-Chair of the firm's Products Liability & Mass Torts Practice. He focuses his practice on defending consumer products companies in complex, multi-party litigation, including class actions, government enforcement litigation, product defect litigation and mass torts. Rob represents companies in a variety of industries, including apparel and footwear, retail, emerging technologies, consumer electronics, video game, telecommunications, advertising and publicity, online retailing, food and beverage, nutritional supplements, personal care products, sports and fitness, outdoor equipment, home appliances, automotive, and insurance.

Rob is the author of the best-selling book, Verdict for the Defense (Sutton Hart Press 2011), and a co-author of The Class Action Fairness Act: Law and Strategy (ABA Publishing 2013). Rob was recognized as the "Class Action Litigation Lawyer of the Year" (2017) by the Century City Bar Association. In 2013, 2014 and 2015, Rob was named in Law360's list of "Top Attorneys Under 40" for Class Actions.

Concentrations

  • Consumer class actions
  • Consumer protection litigation
  • Product defect litigation
  • False advertising
  • Unfair and deceptive trade practices
  • California Business & Professions Code § 17200
  • Consumer Legal Remedies Act
  • Products liability and mass torts
  • Complex commercial litigation
  • Trials


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

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

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

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

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


Dave Townsend is a recognized authority on computer forensics and Cyber-crime investigation, with more than 30 years of police, detective and cyber forensic experience including many high profile assignments with the Silicon Valley High Tech Crimes Task Force and the FBI.

Dave most recently managed the data loss prevention team for Kaiser Permanente.  He was part of the cyber threats and investigative services.  Dave is currently managing partner & CEO of Townsend, Carden & Rose, Inc., a digital expert firm located in the Silicon Valley.

Dave is a former member of the FBI REACT (Rapid Enforcement Allied Computer Team) Task Force where he investigated numerous high technology crimes as well as developed, designed and implemented training to investigators and staff on tools, resources and investigative techniques in computer crime.

Dave was the computer forensics consultant for Mark Geragos during the Scott Peterson double homicide, during this case; Dave conducted analysis on 5 computers belonging to Scott and Laci Peterson. People V. Michael Jackson, Dave was the expert computer forensic analyst for attorney Susan Yu and examined 14 computers from Michael Jackson’s Neverland Ranch. In addition, Dave was the expert for the defense when John Mark Karr, suspect in JonBenét Ramsey murder case, was extradited from Bangkok Thailand and brought to trial on charges in California. Aside from these well known cases, Dave has been an expert consultant and subject matter expert for law firms and corporations on the best practices, procedures, and investigations relating to data collection, cyber forensics, cyber security.

Dave has conducted computer forensics on many large cases within the biomedical fields, global internet service providers, network hardware markets involving intellectual property theft, employment law, wills', trusts and probate.

Dave is a Certified Computer Crimes Expert by the State of California, Peace Officers Standards and Testing (POST). He has served as an expert witness in criminal and civil cases for the United States Federal Court San Jose, California; the Stanislaus County Superior Court; and the San Francisco County Superior Court.


Judge James Ware (Ret.) has joined JAMS after spending sixteen years as a civil litigator, and twenty-four years as a judge. He served as a United States District Judge on the Northern District of California, including a year and a half as the Chief Judge of the Northern District. Previously, he served as a judge on the Superior Court of California in Santa Clara County. Thanks to his extensive judicial career, he brings with him a wealth of experience derived from his management and resolution of thousands of cases across a wide variety of subjects. Most notably, Judge Ware presided over numerous cases involving patent infringement, securities fraud, antitrust, contract disputes, employment law, and various statutory actions. 

Since joining JAMS, Judge Ware draws on his vast experience as a judge on both the state and federal bench. Serving as a mediator and special master/discovery referee, he helps parties to communicate with and understand one another; offers a broad perspective on parties’ problems; assists them to evaluate the strengths and weaknesses of respective positions; assesses the overall cost of the dispute; and aides them in identifying, and overcoming, obstacles that stand in the way of effective resolution. As an arbitrator, he considers the issues and reaches a definitive, principled, and expedited resolution.


Ms. Skyles is an experienced litigator and trusted legal adviser, who specializes in intellectual property matters.  Ms. Skyles has significant experience with patent litigation matters, complex technology transactions, privacy and data security incident response and compliance, and intellectual property portfolio management and development.  Her litigation experience also includes representing technology companies in e-commerce, class actions, employment, bankruptcy, and corporate derivative suits.

Ms. Skyles recently joined Capital One in McLean, VA, where she serves as assistant general counsel. Before that, Ms Skyles was Of Counsel at Orrick Herrington as a part of its intellectual property group in Washington, D.C.  Previously, she served as head of litigation and risk management/compliance at SafeNet, Inc., a data security and encryption technology company based in Maryland.  Prior to SafeNet, she ran her own law  practice, Skyles Law Group in the greater Washington metro area, where she managed litigation and other dispute resolution matters for a variety of technology and media companies. Before moving to the East Coast, Ms. Skyles worked for over a decade in Silicon Valley. She held the role of Litigation Counsel for Yahoo! Inc., where she oversaw domestic and international litigation and provided legal counsel to business clients in the areas of product planning, product compliance, litigation avoidance, and contractual matters such as technology licensing, indemnities, warranties, joint-ventures, and mergers and acquisitions. Ms. Skyles also worked as a Litigation Associate for Fenwick & West LLP  in Palo Alto, California and was a law clerk for the Honorable William H. Orrick, Jr. of the United States District Court for the Northern District of California.

Ms. Skyles graduated magna cum laude from Cornell University with a B.A. in History. She obtained a J.D. from Stanford Law School, where she was an editor of the Stanford Law Review.   Ms. Skyles is admitted to the California and D.C. bars.  She resides in Rockville, Maryland, with her husband and two (very cute) daughters.