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Cloud Computing 2013: Cut Through the Fluff & Tackle the Critical Stuff


Speaker(s): David S. Bloch, Heidi Salow, Janine Anthony Bowen, Jon Neiditz, Joseph V. DeMarco, Mary Ellen Callahan, Merri A. Baldwin, Perry Robinson, Rachel Beth Evans, Steven V. Hunter, Tanya L. Forsheit
Recorded on: Jun. 10, 2013
PLI Program #: 42140

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 the Chair of 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-Elect of the Bar Association of San Francisco for 2016.  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


Steven V. Hunter is a trial lawyer with first-chair experience representing companies in all phases of litigation and alternative dispute resolution, including discovery, "e-discovery," motions practice, arbitration, mediation, jury trials, bench trials and appeals.

Mr. Hunter has experience:

  • Representing financial institutions and banks in commercial loan, multi-creditor/participating loan, lender liability, fraud and consumer fraud disputes including the recovery and disposition of several million dollars of secured assets.
  • Representing international raw material, component and end-product manufacturers (Chinese, UK and Korean) in product liability, breach of contract and business tort claims brought in U.S. courts (with a particular emphasis on challenging jurisdiction).
  • Representing closely held corporations as well as members and shareholders in "corporate divorce"/corporate dissolution disputes.
  • Representing construction managers, owners and trades in construction-related disputes.
  • Representing landlords and tenants in commercial leasing disputes.
  • Representing entertainers and professional athletes in business and personal liability disputes.
  • Representing companies and individuals before various Illinois state and local administrative agencies.
  • Representing companies in breach of contract and business tort disputes.
  • Representing pro bono clients in criminal, family law and political asylum proceedings.


Mr. Hunter also has significant experience managing high-volume ESI productions, computer forensic analysis and complex data preservation issues. He is an ACEDS certified electronic discovery specialist,* and he is regularly invited to speak on issues related to electronic discovery, trial practice, legal ethics, pro bono and diversity in the legal profession.

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


Education and Honors

  • Georgetown University Law Center (J.D., 2002)
    • Barrister's Council, Trial Division Chairman. American College of Trial Lawyers "Excellence in Trial Advocacy" Award (2001-2002). National Black Law Students Association (National Attorney General).
  • Brown University (A.B., 1999)
    • Degree: Political Science & Economics. AMTA Mock Trial Team Chairman. AMTA Eastern Regional Mock Trial Tournament (Best Advocate, 1999).


Bar Admissions

  • Illinois, 2002
  • New York, 2011


Court Admissions

  • U.S. District Court, Northern District of Illinois, 2002
  • U.S. District Court, Central District of Illinois, 2004
  • Illinois State Court, 2002
  • New York State Court, 2011


David Bloch is a partner in Winston & Strawn’s San Francisco and Menlo Park offices.  He concentrates his practice on complex intellectual property litigation, including commercial disputes involving utility patents, design patents, copyrights, trademarks, and trade secrets.  He has a particular specialization in the intersection of intellectual property and government procurement law.

A Phi Beta Kappa graduate of Reed College, Mr. Bloch obtained M.P.H. and J.D. cum laude degrees from The George Washington University in 1996.  In 1997, he was a Fellow in International Trade Law with the University Institute of European Studies in Turin, Italy.  He is a member of the Bars of the State of California and the District of Columbia  Mr. Bloch also is a Lecturer at the University of California, Berkeley, School of Law – Boalt Hall.

Mr. Bloch’s co-authored treatise, Intellectual Property in Government Contracts, was published by Oxford University Press in 2009, with a second edition published in 2010.  The third edition, retitled IP and Technology in Government Contracts, was published by Matthew Bender & Co./LexisNexis in 2014, and a fourth edition is forthcoming.  He also is the author or co-author of more than two dozen articles covering topics from trademarks in government contracts to international jurisdiction over the Internet.  He is a frequent lecturer and presenter on intellectual property and other topics.

Legal Services:

  • Patent Litigation
  • Antitrust Litigation
  • Complex Commercial Litigation
  • Intellectual Property Litigation

Court Admissions:

  • Northern District of California
  • Eastern District of California
  • Central District of California
  • Southern District of California
  • District of Colorado
  • Northern District of Illinois
  • Eastern District of Michigan
  • USCA- 9th Circuit
  • USCA- Federal Circuit
  • U.S. Supreme Court


Heidi Salow is an expert in privacy and data security, intellectual property, e-commerce and global data protection laws, having focused on these areas for well more than a decade. 

Heidi has extensive experience in matters involving privacy, data security, intellectual property, e-commerce, social media, online copyright liability and protection, trademark law, mobile technology and mobile applications, legal risks associated with various website offerings, vendor management, records retention, data loss prevention, data classification methodologies, regulatory/legislative advocacy, legal compliance, risk management, corporate governance and corporate brand strategy. Heidi has spent most of her career in private practice at global law firms. In addition, she was one of the first members of Sprint Nextel's Office of Privacy, where she handled complex privacy, data security and intellectual property matters for four years. In addition to compliance counseling, her experience includes legislative advocacy, public policy and negotiating intellectual property licensing, outsourcing, cloud computing and partnership agreements. Heidi has represented numerous companies on regulatory, legislative and public policy matters before Congress, the Administration, and U.S. federal and state agencies.



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


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


In April 2013, Jon Neiditz brought his big data, privacy and information security practice to Kilpatrick Townsend, a firm that has become one of the leading information law firms in the world. Jon has led information management practices at law and Big 4 consulting firms. Examples of Jon’s work include:

  • Regular management of responses to data security breaches - including the largest governmental data breach on record - that turn these incidents not into crises but into trust-building customer service encounters:
      - Through handling multiple breaches every week since 2005, he has developed an approach that has helped his clients avoid customer losses, brand damage and lawsuits, and even improve customer trust following breaches
      - This approach is proving critical as the worldwide rapid increase in the frequency and sophistication of both attacks and their detection is making data breaches and security fundamental components of customer relationship management
  • Global privacy and information security counsel to private and public sector organizations
  • Assistance in formulating “big data” plans, including:
      - Contracts that value and protect newly-defined data assets in new ways, and
      - Records, information management and electronic communications programs that combine defensible disposal of many types of data with “lakes” of big data
  • Assistance in “privacy by design” initiatives in the development of hardware and software and their user interfaces
  • Assistance in innovation in cloud computing, mobile payments, mobile health, electronic documents and records, and many other areas of sustaining and disruptive innovation

We understand what big data tools can do and how they do it, and participate in software and hardware design to make "privacy by design" more than a slogan. Together, we help you:

  • Protect the lakes of your data in which you want to fish,
  • Take better advantage of the ocean of information on the internet, and protect your interests in what you create from it,
  • Change the ways you relate to your customers and other constituents, as you collect, keep and use more information, in part through close collaboration between the privacy and security lawyers and the lawyers closest to the innovation in technology, and
  • Manage privacy, security and related risks and opportunities, helping you become “antifragile” to security breaches.

Professional & Community Activities

Chair, Georgia Charitable Care Network
Former Chair, Atlanta Regional Health Forum

Education

  • Yale Law School, J.D. 
  • Dartmouth College, B.A.

Bar Admissions

  • Georgia (1998)
  • Connecticut (1986)

Twitter: @jonneiditz
LinkedIn: www.linkedin.com/in/informationmanagementlaw


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 counselors and litigators, 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. 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, SaaS, smart devices and data analytics. Ms. Forsheit has advised on more than 100 data security breaches and regularly appears 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 litigation matters include:

Successfully defeated class certification 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;

Defended a greeting card company in a putative class action alleging violations of the Telephone Consumer Protection Act (TCPA);

Represented online coupon company in John Doe litigation asserting claims under the Computer Fraud and Abuse Act and the Digital Millennium Copyright Act for illegal scraping of company’s website content;

Won preliminary and permanent injunction and prevailed on summary judgment on behalf of online gaming company as plaintiff in Lanham Act and Anti-Cybersquatting Act lawsuit;

Successfully defended third party administrator in several suits alleging invasion of privacy and breach of medical confidentiality in violation of California’s Confidentiality of Medical Information Act — including a dismissal under California’s anti-Strategic Lawsuits Against Public Participation (“SLAPP”) statute;

Defended text-messaging software platform in purported class actions asserting platform users violated the TCPA by allegedly failing to obtain consent to send marketing text messages.

In addition to her privacy and data security practice, Ms. Forsheit advises on intellectual property matters, and she has represented motion picture studios and television networks in copyright litigation.  She also has experience in antitrust matters, representing a cable company in a purported class action alleging a tying arrangement.

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 Litigators." 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.

She is certified as an information privacy professional by the International Association of Privacy Professionals (IAPP). 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.

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.


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.


Mary Ellen Callahan, Chair of Jenner & Block’s Privacy and Information Governance Practice, has unique and broad experience with interfacing the protection of privacy with cybersecurity and national security issues. A nationally recognized privacy attorney with over a decade of outside counsel experience, she served as Chief Privacy Officer of the U.S. Department of Homeland Security from 2009 until August 2012. She is a prolific writer and speaker on cutting edge commercial privacy issues.