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Think Like a Lawyer, Talk Like a Geek 2013: Get Fluent in Technology


Speaker(s): Daniel L. Regard, David W. Opderbeck, Heidi Messer, Ian M. Miller, Jeffrey D. Osterman, Lori E. Lesser, Mary Ellen Callahan, Miles Farrel, Peter Brown, Sean F. Kane, Timothy Ryan, Wanji J. Walcott
Recorded on: Nov. 18, 2013
PLI Program #: 42647

Seth Krauss joined Take-Two Interactive Software, Inc. in March 2007 as Executive Vice President and General Counsel.

Take-Two is a leading worldwide publisher and developer of interactive entertainment software through its wholly owned labels Rockstar Games and 2K, which publishes its titles under 2K Games, 2K Sports and 2K Play. The Company's proprietary brand franchises include Grand Theft Auto, LA Noire, Max Payne, Midnight Club, Red Dead Redemption, Sid Meier's Civilization®, and BioShock®. Its licensed brands include the sports games Major League Baseball® 2K, NBA® 2K, and NHL® 2K.

Take-Two is headquartered in New York City, with its European headquarters in Windsor (England) and Asian headquarters in Singapore. Take-Two development studios located or around Baltimore, Boston (2), Bruno (Czech), Canberra (Australia), Edinburgh (UK), Leeds (UK), London, San Diego, San Francisco (2), Seattle, Shanghai, Seoul, Toronto, Vancouver; product testing studios located in Los Angeles,  Lincoln (UK) and Chengdu (China); and sales and marketing offices located in Albany (New Zealand), Breda (Netherlands), London, Madrid, Munich, New York, Paris, San Francisco, Seoul, Sydney, and Tokyo.

Seth supervises a team of professionals who are responsible for Legal and Business Affairs, Risk Management and Internal Audit. Prior to joining Take-Two, Seth worked at Morgan Stanley, where he served as an Executive Director in the Legal and Compliance Division. Most recently, he was responsible for coordinating all significant regulatory and law enforcement matters in the U.S. and served as one of the Firm's senior liaisons to its regulators, including the U.S. Securities and Exchange Commission (SEC), National Association of Securities Dealers (NASD), and the New York Stock Exchange (NYSE).

From 1995 until joining Morgan Stanley in 2004, Seth served as an Assistant District Attorney and Senior Investigative Counsel in the New York County District Attorney's Office. At the DA's Office, Seth was responsible for leading complex, long-term investigations into violations of securities, banking, accounting, taxation and related laws and regulations, working closely with the SEC, NASD, as well as federal, state, and international financial regulators and law enforcement agencies. Among other matters, he co-led the Office's investigation of the role of financial institutions in Enron's collapse.

Seth graduated from Duke University in 1992. He served as a Trustee on Duke's Board form 1992-1995. Mr. Krauss received his law degree from Washington University, School of Law in 1995.


Wanji Walcott is Managing Counsel in the General Counsel’s Office of American Express Company. She leads a group of lawyers and paralegals who have global responsibility for providing legal support to the company’s technology organization and shared services group. In addition, Ms. Walcott’s team counsels clients on Internet law issues (mobile, web, social media) and online payment initiatives. Ms. Walcott is a recipient of the Top Owners Award, American Express Technologies’ highest recognition for performance. Prior to her position at American Express, she was an associate at the international law firm Pillsbury Winthrop Shaw Pittman LLP (formerly Shaw Pittman LLP) where she specialized in negotiating a broad range of technology transactions. Ms. Walcott has also held the position ofManager of Legal Affairs at DSET Corporation, a telecommunications software provider, and the position of Associate Counsel at Lockheed Martin IMS Corporation. She received a B.A. and a J.D. from Howard University. Ms. Walcott, having a strong commitment to supporting the community, co-founded American Express’s pro bono program and was honored by the Lawyer’s Alliance of New York with the 2003 Cornerstone Award and the City Bar Justice Center in 2006 for superior pro bono legal work for not-for-profit corporations. Among her many volunteer activities, Ms. Walcott is a founding member of the Corporate Counsel Pro Bono Coordinators, serves on the Board of Trustees at the Middlesex School, where she chairs the Technology Committee, and the City Bar Fund, where she chairs the Program Committee.


Position/Title: Chief Information Officer

Firm or Place of Business: Weil, Gotshal & Manges LLP

Address: 767 Fifth Avenue, New York, New York 10153

E-Mail: ian.miller@weil.com

Graduate School: Stanford University

Work History: Touch Ross, Merck, Weil

Professional Memberships: ACM, IEEE


Heidi Messer has been an active entrepreneur and investor in the digital economy since the commercialization of the Internet.  She currently serves as co-Founder and Chairman of Collective[i]™.  Collective[i] is a business intelligence network built around technology designed to transform what is currently referred to as “Big Data” into insights and intelligence. Collective[i]’s technology integrates and analyzes disparate data sources through a network where business insights and knowledge can be shared throughout large enterprises in real time through finished applications for sales, marketing, services and customer support.  Ms. Messer is Co-founder and CEO of World Evolved, a platform for global investment and expansion. Ms. Messer is one of the founding members of the Zokei Network, a global network devoted to encourage innovation across art, science, business and technology.  In addition, Ms. Messer is an active angel investor in and advises numerous startups.

Prior to Collective[i], Ms. Messer and her brother, Stephen Messer, co-founded LinkShare Corporation, which is host to one of the world’s largest online affiliate networks representing some of the largest and fast growing publishers and merchants on the web.  The company is widely considered to be a pioneer in the world of digital advertising.  Under Ms. Messer’s leadership, LinkShare was recognized by Deloitte and Touche for two consecutive years as the fastest growing technology company in the New York Region.  Ms. Messer served as a board member, President and Chief Operating Officer of LinkShare until its sale to Rakuten (4755:JASDAQ) for $425 million in 2005.

Ms. Messer is a frequent speaker at conferences around the world and universities on entrepreneurship, digital marketing and advertising, business intelligence and the future of Internet services.  She has been cited in various publications including, The New York Times, Inc. Magazine, The Nikkei, Women’s Wear Daily and Chief Executive Magazine.  Ms. Messer has also appeared on national television and radio programs including the Today Show, Rock Center with Brian Williams, Business Talk Radio, Fox News, CBS Morning News and the Fox Morning Show.  Ms. Messer has received several honors including being selected as one of 2012’s 100 Most Intriguing Entrepreneurs by Goldman Sachs.  Ms. Messer serves on advisory boards for Dell Computers, NBC Universal and American Express OPEN. 

 Ms. Messer is a member of Brown University’s Women’s Leadership Program, the Physics and Astronomy Advisory Council of the Johns Hopkins University and the advisory board of the Brown University Entrepreneurship Program.

Ms. Messer received a Bachelor of Arts degree from Brown University, graduating Phi Beta Kappa and magna cum laude. She received her juris doctorate from Harvard Law School graduating cum laude.


Jeffrey Osterman is a partner in Weil’s Technology & IP Transactions practice and concentrates on matters with deep commercial or technical complexity. He has had extensive experience with pure patent licensing, technology transfer, outsourcing, technology integration, content licensing and merchandising.

Mr. Osterman recently advised Sanofi in its worldwide exclusive licensing agreement with MannKind Corporation to develop and commercialize Afrezza (insulin human) Inhalation Powder; Verizon in connection with the acquisition of cloud TV technology from Intel; Lenovo in connection with the acquisition of Motorola Mobility from Google; and Mubadala and Sony/ATV in connection with the proposed $2.2 billion acquisition of EMI Music Publishing. Mr. Osterman also regularly represents Panasonic in connection with a wide variety of transactional matters involving consumer electronics and GE in connection with the IP aspects of numerous corporate transactions. He also counsels clients with respect to their rights under existing agreements and the development of new technologies.

Mr. Osterman lived in Japan from May 1997 to May 1998 where he worked in-house on loan to the headquarters of Panasonic Corporation.

Mr. Osterman is a member of the State Bar of New York and is admitted to practice before the United States Patent and Trademark Office. He has appeared on national television and lectured on intellectual property, electronic privacy and e-commerce throughout the United States and on U.S. intellectual property and contract law in Japan. He is also the Vice Chair of the IP Licensing Committee of the Intellectual Property Owners’ Association and is active in the open source legal community.

Mr. Osterman has received a number of awards for his expertise including being ranked by Chambers USA and Chambers Global as a national and global leader in the technology and outsourcing fields and by Legal 500 as a leading lawyer in the field of intellectual property. He is also recognized as an “IP Star” by Managing Intellectual Property’s IP Stars for Copyright, Counselling and Licensing, by Best Lawyers in America for Information Technology Law and in IAM Patent 2014.

Education

Harvard Law School (J.D., cum laude, 1995)

Cornell University (B.A., cum laude, 1992)


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. Ms. Lesser advises on all aspects of intellectual property, technology and privacy law, including corporate transactions, licensing, outsourcing and strategic agreements, counseling and litigation in fields including media and entertainment, computer software and technology, financial information, apparel, retail and consumer products, pharmaceuticals and life sciences, internet, mobile and social media services and nonprofits.

  • Ms. Lesser has represented companies including Accenture, Adidas, AIG, Airvana, Alibaba, Alloy Digital, AOL, Deutsche Bank, Ellucian, Fast Retailing, Galen, Google, Interactive Data Corp., ITT, JPMorgan, L-3, Mars, Microsoft, New York Public Library, Nielsen, Novartis, NXP, Owens-Illinois, Sesame Workshop, Sirius XM, TD Bank, Thomson Reuters, Travelers, Tyco, Universal Studios, Viacom, Virgin Mobile, Warner Music and Wyeth (now Pfizer). She has represented private equity firms including Apax, Blackstone, Centerbridge, First Reserve, Hellman & Friedman, Kohlberg Kravis Roberts, Lightyear, Lion Capital, Silver Lake and Vestar.
  • 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, while her IP litigation practice comprises trial and appellate work and WIPO arbitrations.

Ms. Lesser is 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 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 Global Harvard Law School Association and the Executive Committee of the Harvard Class of 1988. She is on the Steering Committee of the Kate Stoneman Project, 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.

Ms. Lesser lectures and publishes frequently on IP topics and co-chairs PLI conferences on technology and software issues.

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).


Mr. Regard is an electronic discovery and computer science consultant with 20 years experience in consulting to legal and corporate entities. A programmer and an attorney by training, Mr. Regard has conducted system investigations, created data collections, and managed discovery on over a thousand matters. He is responsible for the development and implementation of case and matter strategies that leverage technology in litigation and investigations. Mr. Regard has both national and international experience advising on such issues as electronic discovery, computer forensics, structured data, and information management. He is a frequent speaker, teacher, and publisher on issues of electronic discovery.

Prior to founding iDiscovery Solutions, Inc. in 2008, Mr. Regard was the national director of e-Discovery for LECG. He was also the national director of Electronic Evidence & Consulting for FTI Consulting, and was an electronic discovery and data analytics team leader in Analytical Dispute Services at Deloitte & Touche, where he managed multi-national, multi-jurisdictional, and multi-counsel litigation support projects. He began his career as the founder of a nationwide litigation-technology company.

Mr. Regard is the founder of b-Discovery, a monthly e-Discovery networking group that meets throughout the United States. He is a director of the Institute of Computer Forensic Professionals and a long time associate of the Certified Fraud Examiners. He is a member of the Sedona Conference WG1: Electronic Document Retention and Production, and WG6: International Electronic Information Management, Discovery and Disclosure. He is a board member of Georgetown Advanced Institute for e-Discovery. He is a founding member of the Master’s Cabinet.


Peter Brown has focused on Information Technology matters in large national law firms and specialized boutiques in New York for over 25 years. He is currently the principal of Peter Brown & Associates PLLC, a New York based law firm concentrating in Information Technology, Intellectual Property and general business practice.

Recently, “The Best Lawyers in America” ® publication honored him as the “Lawyer of the Year” in Technology Law 2014-2015 for New York City.

Mr. Brown has experience in a wide variety of litigations relating to the Internet, computer technology and Intellectual Property.  He regularly appears in both federal and state courts throughout the United States.   In addition, Mr. Brown acts as an arbitrator and mediator on IT and IP matters.

Throughout his career he has drafted and negotiated a broad array of agreements relating to the Internet, outsourcing, software development, Internet apps and e-commerce.

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.

The Best Lawyers in America 2014 edition (affiliated with U.S. News & World Report), rated Peter Brown & Associates PLLC a First Tier Technology Law firm in New York City.  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.


Sean F. Kane is a partner in the Interactive Entertainment Group at Frankfurt Kurnit, where he represents a variety of companies in the video game and social media industries.

Mr. Kane’s clients often are on the cutting-edge of media, content and technology creation where rapid innovation is leading to the birth of new products, companies and industries. He has considerable experience negotiating licenses, developer and publisher agreements, and in protecting the intellectual property rights of video games and related social media applications, including trademark and copyright protection, clearance and enforcement.

Mr. Kane has worked at the forefront of the interactive entertainment industry for the past decade and has represented clients on transactional matters involving various business segments, such as console and PC video games, virtual worlds, online gaming, social gaming, mobile and tablet gaming, virtual currency, mobile apps, social media, computer software and the Internet. Mr. Kane’s clients range from start-ups to the largest developers and publishers in the video game industry. He counsels and works with clients to structure, negotiate and implement complex content acquisition, development and distribution deals. Mr. Kane regularly advises clients on licensing, co-branding, consulting, advertising, content monetizing, publishing and distribution transactions. He also has experience litigating complex business and intellectual property disputes in federal and state courts at trial and appellate levels and in ADR forums throughout the country.

Mr. Kane is a frequent speaker on video game panels and seminars on behalf of organizations such as: Law Seminars International, Practising Law Institute, Game Developers Conference, LOGIN, RSA, Digital Hollywood, NY Games and the American Bar Association. Mr. Kane is frequently quoted by the media and has written extensively on legal topics relating primarily to intellectual property and entertainment issues. For example, he is the author of: “Video Game Battle: 1st Amendment Vs. Right of Publicity”, published by IP Law360 and Media & Entertainment Law360, March 2012; and “Virtual Judgment: Legal Implications of Online Gaming”, published by IEE Security & Privacy, Vol 7, No. 3, May/June 2009. He is chapter author of “Virtual Property, Real Law”, for the book “Settlers of the New Virtual Worlds” published by BookSurge Publishing, August 2008; and co-author of “Virtual Worlds, Real World Perils” published in Landslide: A Publication of the ABA Section of Intellectual Property, Vol. 1, Number 1 September 2008.

Mr. Kane is a founding member of the Video Game Bar Association. He is a member of the American Bar Association Section of Intellectual Property Law, where he recently served as Chair of the Computer Games and Virtual Worlds Committee. Additionally, he is a member of the Section of Science & Technology Law, where he served as the founding Chair of the Virtual Worlds and Multiuser Online Games Committee. He is also a member of the American Arbitration Association IP Panel of Neutrals.

Prior to joining Frankfurt Kurnit, Mr. Kane was special counsel to Pillsbury Winthrop Shaw Pittman LLP and founder of Kane & Associates LLC, where he served as Manager for the firm’s Interactive Entertainment Practice Group. He graduated from Fordham University School of Law (JD, 1998) and Villanova University (BA,1995). He is admitted to practice in the United States District Courts for the Southern and Eastern District of New York.


Timothy P. Ryan is a Managing Director based in New York where he leads Kroll’s Cybersecurity and Investigations Practice.  Prior to joining Kroll, Tim 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 numerous computer forensic examinations.

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 is an adjunct professor at Seton Hall University School of Law where he teaches 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, 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.


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.


Position/Title: Unit C.I.O. and Vice President, American Express Technologies

Primary Areas of Practice: Information Technologies Development

Law School/ Graduate School: Columbia Business School

Work History: Miles Farrel is Vice President and Unit Chief Information Officer for the World Service and Global Credit Administration businesses at American Express, a fortune 100 company. In this role, he is responsible for leading the information technology that enables the company’s global customer servicing and credit operations. Miles leads an integrated high-performing global network of professionals who provide information technology services to American Express customers through omni-channel experiences that transcend the telephone, internet and mobile channels. Miles is a change agent who embraces technology to elevate the customer experience, drive business innovation and improve margins. He has nineteen years of experience leading and transforming information technology development and operational functions in world-class organizations. Prior to his current role, Miles served as Vice President leading technology for the company’s U.S. Card Issuing business, as well as the Global Online Consumer Banking and International Consumer Brokerage businesses. Prior to joining American Express in 1994, Miles worked for Anderson Consulting (now Accenture) as a management consultant. He holds a Bachelor of Business Arts from Emory University and a Masters of Business Administration from Columbia Business School. Miles is active in Swim Across America, Inc., an organization dedicated to raising money and awareness for cancer research, prevention and treatment through swimming-related events.