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Artificial Intelligence and Data-Driven Transactions 2020: A Dynamic Legal Landscape

Speaker(s): Alvin F. Lindsay, Anne-Kathrin Kroemer, Carrie M. LeRoy, H. Mark Lyon, Lothar Determann, Randall Haimovici, Sarah L. Bruno, Sheila Jambekar
Recorded on: Apr. 21, 2020
PLI Program #: 277907

H. Mark Lyon is Chair of the firm’s Artificial Intelligence and Automated Systems Practice Group, and brings nearly three decades of experience as a trial lawyer and trusted corporate legal advisor to companies in a wide range of technology areas.

Mr. Lyon has extensive experience representing and advising clients on the legal, ethical, regulatory, and policy issues arising from emerging technologies like artificial intelligence.  He regularly acts as a strategic advisor to clients in their development of AI-related products and services, their acquisition and sale of technology-related businesses, and in their development of appropriate legal and ethical policies and procedures pertaining to AI-focused business operations. In the rapidly advancing area of automated and autonomous vehicles, Mr. Lyon has guided clients through the numerous hurdles of federal and state regulations and requirements for vehicle testing and deployment, as well as advising and assisting clients in exercising their voice before key agencies and legislative bodies. As a member of the firm’s Privacy, Cyber Security and Consumer Protection practice group, Mr. Lyon brings a global focus to help his clients develop, implement, and audit appropriate policies and procedures to comply with applicable data privacy and cyber security regulations. In addition, as a member of the firm’s Intellectual Property practice, he assists clients in the acquisition, protection and enforcement of strategic intellectual property rights.

When litigation and other disputes arise, Mr. Lyon serves as lead trial and appellate counsel in patent, trade secret, copyright, trademark, privacy, products liability, bankruptcy, and other complex litigation matters. He has successfully led litigation teams in matters involving sophisticated technologies ranging from electronic devices, artificial intelligence and other computer software, wireless telecommunications, and semiconductor products to medical devices and pharmaceuticals. While Mr. Lyon has tried to verdict and won both jury and bench trials, a consistent hallmark has been the strategic use of targeted motion practice to achieve success prior to trial. Indeed, on multiple occasions, the Daily Journal has named Mr. Lyon as a top IP litigator for his handling of high-stakes, high-profile litigation matters.

As a result of his work in AI and AV, he was recently named a “Top Artificial Intelligence Lawyer” by the Daily Journal and a “California Trailblazer” by the Recorder. Mr. Lyon is a frequent author and lecturer on matters relating to artificial intelligence and automation, and is an active member of The IEEE Global Initiative for Ethical Considerations in Artificial Intelligence and Autonomous Systems as well as the Association for the Advancement of Artificial Intelligence. He is a former co-chair of the Patent Litigation Committee of the Federal Circuit Bar Association.

Anne-Kathrin Kroemer is VP, Corporate Legal at Rubrik, Inc., one of the fastest growing enterprise software companies in cloud data management, where she currently leads the corporate, corporate compliance, intellectual property and employment functions. As Rubrik’s first in-house lawyer, she helped build the legal team as the company grew to over 1,300 employees worldwide.

Prior to Rubrik, Anne-Kathrin held various in-house legal roles at companies in the San Francisco Bay Area after working at Skadden Arps LLP as a corporate associate.

She periodically lectures at the University of Vienna Law School and the University of San Francisco School of Law and frequently speaks on a range of topics, including privacy.

Anne-Kathrin graduated from Stanford Law School and the University of Vienna Law School.

Carrie LeRoy advises clients on a wide range of intellectual property, technology and sourcing transactions, including development and license agreements, patent and other technology license agreements, outsourcing, joint ventures and strategic collaborations.

Clients benefit from Carrie's experience working within a range of sectors, with a particular focus on technology and cross-border transactions. She is Co-Chair of Gibson Dunn’s Technology Transactions Group. Her extensive work for technology companies, including leading semiconductor, social media and information technology companies, involves advising on the intellectual property aspects of a range of complex transactions, including mergers, acquisitions, asset purchase, joint development and intellectual property divestitures. She also advises companies in the electronics, software, electronic storage, telecommunications, e-commerce and financial services sectors. She regularly handles a variety of commercial transactions, including original equipment manufacturer, reseller, distributor, sales representative, services, manufacturing and supply agreements. Another aspect of Carrie's practice includes intellectual property counseling, including with respect to the allocation of intellectual property ownership, protection and monetization of intellectual property rights, open source and data privacy.

Widely recognized as a leader in intellectual property transactions and an innovator in the industry, Carrie has been honored by a number of California's leading legal publications in recent years. In 2017, Carrie earned top ratings for her patent work from Intellectual Asset Management (IAM), the world’s leading intellectual property business media platform. The Daily Journal recognized Carrie as one of its 2016 "California Lawyer Attorneys of the Year" for her cutting-edge work with regard to a highly complex technology transaction valued at $37 billion. That same year, she was also named to The Recorder's list of "Women Leaders in Tech Law." In 2015, she was selected by the Silicon Valley Business Journal as one of its "2015 Women of Influence," and in 2014, The Recorder presented her with an "Innovator Award" for a pro bono program she developed to educate teens on the laws relating to social media and technology usage.

Prior to joining Gibson Dunn, Carrie was a partner at an international law firm. She has also worked in-house with Marvell Semiconductor as a senior intellectual property licensing attorney, where she negotiated and drafted a variety of inbound and outbound technology.

Lothar Determann practices and teaches international data privacy, technology, commercial and intellectual property law.

At Baker McKenzie in San Francisco and Palo Alto, he has been counseling companies since 1998 on data privacy law compliance and taking products and business models international. Admitted to practice in California and Germany, he has been recognized as one of the top 10 Copyright At-torneys and Top 25 Intellectual Property Attorneys in California by the San Francisco & Los An-geles Daily Journal and as a leading lawyer by Chambers, Legal 500, IAM and others. For more information see Contact:

Prof. Dr. Determann has been a member of the Association of German Public Law Professors since 1999 and teaches Data Privacy Law, Computer Law and Internet Law at Freie Universität Berlin (since 1994), University of California, Berkeley School of Law (since 2004), Hastings Col-lege of the Law (since 2010), Stanford Law School (2011) and University of San Francisco School of Law (2000-2005). He has authored more than 150 articles and treatise contributions as well as 5 books, including Determann’s Field Guide to Data Privacy Law (4th Edition, 2020, also available in Chinese, German, Hungarian, Japanese, Portuguese, Russian, Spanish and Turkish) and Cali-fornia Privacy Law - Practical Guide and Commentary on U.S. Federal and California Law (4th Ed. 2020).

Recent papers include Healthy Data Protection (, Electronic Form over Substance (, No One Owns Data (

Randall D. Haimovici is a Director on the litigation team at Uber Technologies, Inc. His background representing clients in commercial litigation, product liability, and class action defense paved the way for his transition to his current position. His work in the product liability arena ranked him in The Best Lawyers of America. Randall's experience also includes co-founding Shook, Hardy & Bacon's digital crimes practice group, where he counseled major corporations dealing with a variety of cyberthreats. In addition to his regular practice, he is deeply committed to pro bono work, and has represented clients in personal injury, landlord-tenant, and civil rights cases.

Sarah is a trusted advisor to companies in the retail, technology, entertainment, gaming, automotive, and association spaces, and counsels her clients on the legal requirements for the development and launch of their platforms, products and services.

Her work involves the cross-section of expertise in the Intellectual Property (IP), privacy and advertising spaces. She is routinely evaluating client products and concepts and developing protection strategies, considering how to collect, use and store any data as a result of the launch, and advising on online and offline marketing tactics.

As product concepts and marketing strategies have become more sophisticated and complex, navigating the legal landscape has become increasingly challenging for any global business. As a member of the firm’s Intellectual Property, Tech and Data group, Sarah partners with her clients to provide practical and efficient counsel to help navigate the patchwork of laws that impact the launch of any new technology, product or platform.

On the privacy side, Sarah counsels in all areas of data security and privacy, including the California Consumer Privacy Act (CCPA), the SHIELD Act, and the EU General Data Protection Regulation (GDPR). She drafts and reviews policies and advises on compliance measures; she also prepares and conducts trainings, drafts governance documents, and attends internal meetings to advise on the strategies for collection and using data. On the advertising side, her experience includes reviewing advertisements and claims, advising on unfair and deceptive trade practices, and counseling clients on compliance issues relating to the Federal Trade Commission and the National Advertising Division (NAD) of the Better Business Bureau, as well as state and other regulatory laws. She also argues cases at the NAD. Finally, Sarah advises her clients on the IP protection of their products, and works to develop strategies for protection under trademark, copyright and patent laws both in the U.S. and abroad.

Sarah was ranked by Legal 500 and the Daily Journal for her work involving trademarks. She was also named a Top Cyber Lawyer and a Top Intellectual Property Lawyer in California by the Daily Journal in 2018 and 2019. The Daily Journal has also named her among the Top Women Lawyers in California for her work in advertising, intellectual property, and privacy.

Sarah is a Certified privacy professional (CIPP/US) and a member of IAPP. She is also a Global Board Member for the International Social Media Association (ISMA).

Sheila Jambekar (CIPP/US and CIPP/E) is Senior Director, Associate General Counsel at Twilio, a high-growth public communications platform as a service company, with over a dozen locations worldwide and global reach.  At Twilio, Ms. Jambekar built and continues to lead the privacy program.  This has included spearheading the operationalization of GDPR throughout the organization as well as obtaining approval for and overseeing the implementation of Twilio’s Binding Corporate Rules.  In addition to overseeing the privacy program, she also oversees the product compliance and law enforcement response operations functions.  Prior to joining Twilio, Ms. Jambekar was Senior Counsel at Zynga where she advised the company regarding privacy and product compliance, including marketing and promotions legal compliance.

Having tried many multi-million dollar cases through final verdict or decision, Al Lindsay knows how to make the complex understandable and put his client's best case forward.

Whether the dispute relates to a multi-billion dollar power plant construction project, a nationwide product- liability class action, the crash of an airliner in South America, or even a presidential election, Al relies on his more than a quarter-century of experience litigating some of the most important cases of our time – and gets the job done.

As co-chair of the firm's Electronic Information Group and a thought leader in the field of electronic discovery, Mr. Lindsay understands that electronic discovery issues are often the most critical and costly component of domestic and international dispute resolution. The Associated Press called him "an expert in technology and litigation," and The Wall Street Journal relied on Mr. Lindsay to explain the revisions to the Federal Rule of Civil Procedure to encompass electronic evidence.  For five years, Mr. Lindsay chaired the Association of Certified E-Discovery Specialists (ACEDS) advisory board.  He was on the team of attorneys and e-dispute specialists from around the world that wrote the first e-discovery certification exam, which has become the industry standard, and was one of the first lawyers in the nation to receive the CEDS designation.

Mr. Lindsay is also on the faculty of the National Institute of Trial Advocacy (NITA), where he has taught the prestigious National Trial Skills Session in Colorado as well as the Deposition Skills program in New York and Washington, D.C.  For the past fifteen years, he has taught e-discovery and litigation skills at the University of Miami School of Law, and he regularly teaches arbitration at various Florida law schools.

He authored the book and three-hour video titled Technology in Litigation, published by NITA, and has written numerous articles on technology, artificial intelligence and e-discovery related issues published in periodicals including: Inside Counsel, The National Law Journal, Legal Times, the International Law Quarterly, and the Yale Journal of Law and Technology.

While in law school, Mr. Lindsay was articles and comments editor of the University of Miami Law Review, a Dean's Scholar, and winner of the class- wide moot court competition.