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Tracking and Targeting Customers and Prospects Online, on Mobile Devices, and in Social Media 2013


Speaker(s): Cédric Laurant, D. Reed Freeman, Jr., David F. McDowell, Dominique R. Shelton, Justin B. Weiss, Kate Lucente, Laura D. Berger, Marcus A. Morissette, Michael A. Signorelli, Nandita "Toma" Shepherd, Scott A. Kamber, Shane Wiley, Shaun Brown, Ted Lazarus, CIPP
Recorded on: Nov. 12, 2013
PLI Program #: 42698

Shane Wiley, CIPP

VP, Privacy & Data Governance

Yahoo!??
Make the world's daily habits inspiring and entertaining, Yahoo! understands user trust is key to our success.
 
Shane is a lead on the Privacy and Data Governance team at Yahoo! supporting over 800 million users across 150 products, services, and platforms in over 50 markets in 29 languages operating across PCs, mobile devices, and cutting edge consumer electronics.  With over 20 years of experience in software engineering, product management, and policy related responsibilities, Shane is a recognized leader in developing sound policy solutions to cutting edge technology challenges.  Mr. Wiley received his undergraduate education at Embry-Riddle Aeronautical University - B.S. Aerospace Engineering and is a Certified International Privacy Professional.


Shaun Brown is a partner with nNovation LLP, a pre-eminent Canadian law firm that advises private and public sector organizations in connection with a broad range of Canadian regulatory regimes. Shaun's practice focuses on e-marketing, e-commerce, privacy, and access to information, assisting clients with both compliance and litigation-related matters. Prior to private practice, Shaun worked for Industry Canada as a privacy and security policy analyst.

Education: University of Ottawa

Work History:

  • 2009 - present: nNovation LLP, partner
  • 2008-2009: Fraser Milner Casgrain LLP, articling student
  • 2003-2008: Industry Canada, Electronic Commerce Branch - Policy Analyst


Professional Memberships
:

  • Law Society of Upper Canada
  • International Association of Privacy Professionals


D. Reed Freeman, Jr. is a leading authority on privacy, cybersecurity, and online, mobile, and social media advertising and privacy law. Mr. Freeman serves as co-chair of the firm's Cybersecurity, Privacy and Communications Practice. 

Mr. Freeman has extensive experience defending clients in FTC and state consumer protection investigations and data breach responses. He also counsels clients on compliance with FTC and state trade regulation issues and advertising and privacy laws and self-regulatory codes. His clients include retailers, hospitality companies; financial institutions; software companies; hardware manufacturers; online, mobile, and social media publishers and advertisers; online, mobile, and social media application developers; data aggregators; advertising technology companies, advertising trade associations, industry coalitions, and seal providers; and social media-based advertising service companies. He also represents clients in false advertising disputes before the National Advertising Division of the Council of Better Business Bureaus, Inc. and the National Advertising Review Board.

Mr. Freeman joined the firm following 16 years in private practice, where he handled a wide range of privacy, data security and advertising matters, counseled companies on FTC compliance, and served as lead counsel in numerous FTC and state consumer protection investigations and negotiations. Before joining private practice, Mr. Freeman worked in the FTC's Bureau of Consumer Protection as a staff attorney, and as chief privacy officer and vice president for legislative and regulatory affairs for Claria Corporation, an online advertising software company. 

Mr. Freeman has been called a Regulatory & Compliance Trailblazer by The National Law Journal, and is consistently recognized by Chambers & Partners (Band 1), Legal 500, Best Lawyers in America, Washington DC Super Lawyers  and Washingtonian magazine. He is a member of the International Association of Privacy Professionals' Training Advisory Board and the Board of Editors for the new Cybersecurity Law & Strategy.

Mr. Freeman is a member of the International Association of Privacy Professionals' Training Advisory Board and is on the Board of Editors for the new Cybersecurity Law & Strategy. He is the co-author of CCH's Advertising Law Guide and Privacy Law for Marketers, and previously served as an adjunct professor of privacy and advertising law at George Mason School of Law. He is a fellow of the Ponemon Institute, an organization dedicated to independent research that advances responsible information, privacy and security management practices in business and government. He previously served as a member of the Department of Homeland Security's Data Privacy and Integrity Advisory Committee.

Practice Area

Regulatory and Government Affairs

Cybersecurity, Privacy and Communications

Data Security and Cybersecurity

Education

JD, University of Virginia School of Law, 1993

BA, History, University of Richmond, 1990

Bar Admissions

District of Columbia

Virginia

Clerkships

The Hon. Claude M. Hilton, US District Court for the Eastern District of Virginia, 1993 - 1994


Dominique Shelton is a litigation partner in Alston & Bird's Los Angeles office. She focuses her practice on complex commercial litigation, with particular attention to intellectual property and privacy litigation, as well as unfair competition and antitrust matters. Dominique also provides strategic compliance counseling in digital marketing and data privacy on cutting edge issues, such as mobile privacy, Big Data, Do Not Track and behavioral advertising, among others. In 2012, she was named Intellectual Property Lawyer of the Year by the Century City Bar Association.

She has litigated matters involving various state and federal laws, such as  the Fair Credit Reporting Act, Telephone Consumer Protection Act, Federal Trade Commission Act, Electronic Communications Privacy Act, Computer Fraud & Abuse Act, California False Advertising Law (Business & Professions Code §17500), California Unfair Competition Law (Business & Professions Code §17200) and California Penal Code § 502. She has also negotiated with the CA AG and FTC.

Dominique's clients are Fortune 500 companies, start-up ventures and privately held companies across a broad spectrum of industries that include media and entertainment, technology, broadcasting, digital sales and marketing, advertising, wireless/mobile, Internet, lead generation, manufacturing and electrical, software, telecommunications, legal services, automotive parts and services, dietary supplement, food and health/beauty.

Memberships

  • Member, International Association of Privacy Professionals
  • Board of Directors, Federal Bar Association of Los Angeles
  • Member, Magistrate Judge Merit Selection Panel for the United States District Court, Central District of California (December 2011-present)
  • Member 2007, Chair 2011-2012, Entertainment & Intellectual Property Law Section (ELIPS), LA County Bar Association
  • Lawyer Representative to the Ninth Circuit Judicial Conference
  • Board Member 2007-2010, Big Brothers Big Sisters of Greater Los Angeles
  • President 2005-2006, Women Lawyers Association of Los Angeles
  • Life member, National Bar Association Black Women Lawyers
  • Board member 2004-2006, California Women Lawyers Association

 
Education

Georgetown University (J.D., 1991)

Brown University (B.A., 1988)

Admitted to Practice 

California


 


Justin B. Weiss serves as Senior Director for International Privacy and Policy within Yahoo!’s global legal group, focusing on online and mobile privacy matters for the company’s many global properties. Justin represents Yahoo! before world governments and within international trade associations and helps advise on the development of industry standards and their adaptation to new business models and changing technology. Much of his work involves reconciling comparative privacy norms across diverse cultural and legal contexts. He served as an expert privacy advisor to the OECD’s Working Party on Information Security and Privacy in its 30 year review of the OECD Privacy Principles, and co-authored a paper on Privacy by Design with Information & Privacy Commissioner Dr. Ann Cavoukian of Ontario, Canada. 

Prior to his role at Yahoo!, Justin served as Privacy Counsel to both the Network Advertising Initiative (NAI) and the Email Sender & Provider Coalition (ESPC), two leading US- trade groups with specialized expertise in online advertising privacy. His international work originated during his service as a Peace Corps volunteer in Guinea, West Africa, followed by two tours of duty within the international relations divisions of the Olympic Winter Games Committees of Salt Lake City, Utah and Torino, Italy.   

 


Scott A. Kamber is the founding member of KamberLaw, the leading plaintiffs’ firm to focus on individual rights in the digital age.  Serving a global client base with lawyers across the United States, Mr. Kamber has led the successful resolution of dozens of high–impact litigations, including In re Blue Buffalo, Lane v. Facebook and in re Flash cookies. Currently, Mr. Kamber leads numerous litigations arising from various web technologies, wrongful use of deep packet inspection technologies, web-centric violations of Lanham Act, website accessibility and the rights of children on the internet. Mr. Kamber has extensive courtroom and trial experience.

Mr. Kamber’s efforts in Internet privacy rights began in the 1990s when he resolved what is believed to be the first Internet privacy case to recover a benefit for impacted class members. His interest in consumer rights and technology extends to new media, and he has led standard-setting litigations and resolutions involving digital rights management software for computer software, video games, and music. Mr. Kamber is a frequent speaker on these issues in the United States and abroad, of note He was a keynote speaker for the IAPP annual conference and a panelist at the International Conference of Data Protection and Privacy Commissioners where he spoke on the topic of coordinating private class actions with government enforcement. 

Mr. Kamber graduated cum laude from the University of California Hastings College of the Law in 1991 where he was Order of the Coif, Articles Editor for the Hastings Constitutional Law Quarterly and a member of the Moot Court Board. He graduated with University and Departmental Honors from The Johns Hopkins University in 1986. He is admitted to practice before the United States Supreme Court, the State of New York and the District of Columbia, as well as the United States Courts of Appeals for the Second, Eighth and Ninth Circuits, and several United States District Courts.


Ted Lazarus, CIPP/US, is a Director of Google’s legal department, where he leads a team of attorneys responsible for Google’s advertising platforms products, including DoubleClick, the Google Ad Exchange and AdSense.  Ted advises Google’s Product, Engineering and Sales teams on a wide array of privacy, product development and regulatory issues.  He regularly represents Google in commercial transactions related to its advertising programs, including negotiating some of the company’s most significant display advertising agreements with global advertising agencies and Fortune 500 companies.  Ted has managed several of Google’s largest, most complex post-acquisition integration efforts, including DoubleClick, AdMob and AdMeld. 

Prior to joining Google, Ted served as Deputy General Counsel of DoubleClick.  Prior to that, he was a litigation associate with Covington & Burling LLP.  Ted served as a law clerk for U.S. District Judge Nicholas Garaufis (E.D.N.Y.).  He holds a J.D. from Columbia Law School and a B.A., magna cum laude, from Amherst College. 


Throughout his career, David McDowell has been on the forefront of legal issues facing retailers and consumer product manufacturers. His victories before the California Supreme Court eliminated nearly all consumer class actions over sales tax cases, Loeffler v. Target, 58 Cal.4th 1081 (2014), and all pre-Proposition 64 “no injury” cases, Californians for Disability Rights v. Mervyns, 39 Cal.4th 223 (2006). With nearly 30 years’ experience advising retailers and consumer product companies, Dave speaks the language of his clients, providing practical and timely legal advice that is tailored to today’s fast moving retail environments.

Dave’s combination of experience and practicality has led to successes in the appellate and trial courts in cases that have defined the rights and limited the duties of retailers in a variety of other arenas, including marketing practices, advertising and other promotions, labeling of goods, use of retail property for solicitation and signature gathering, and other areas important to retailers and consumer product companies.

As part of his regular practice focus on unfair business practice issues, false advertising, and other consumer class action litigation, Dave is currently working extensively in areas where consumers directly interact with technology, such as privacy and data security and accessibility under the ADA and related laws.

Privacy and Data Security

Dave represents Target Corporation in connection with its investigations and ongoing litigation and regulatory inquiries related to the theft of customers’ credit and debit card data. In addition, he has advised numerous other companies on data security and breach-related issues. Beyond data security, he represents well-known technology companies in privacy class actions across the United States as well as household-name retailers in dozens of other alleged invasion of privacy litigations and FTC investigations.

EDUCATION

Brown University (A.B., 1983)

University of Chicago Law School (J.D., 1986)

RANKINGS

Legal 500 2014
Recommended in the areas of Data Protection and Privacy, and Marketing and Advertising

Southern California Super Lawyers
Repeatedly recognized in the categories of Class Action/Mass Tort Litigation and Civil Litigation Defense


Cédric Laurant
IT & Copyrights Manager, Dumont Bergman Bider (Mexico City)

Cédric leads, since 2013, the IT & Copyrights Department at Dumont, a law firm based in Mexico City. The Department’s practice areas include privacy and data protection law, information security and governance, copyright, computing and Internet law, e-commerce and IT contracts, cybercrimes, the protection of domain names and, generally, of intellectual property on the Internet. His own practice areas focus essentially on privacy, data protection law, information security and information governance in Latin America and the European Union, together with computing and Internet law, e-commerce and IT contracts.

Cédric has worked as a lawyer, consultant, policy counsel and academic for the past 15 years in Europe, the United States and Latin America on international projects in the same areas, as well as in the fields of telecommunications and consumer protection law. He has handled legal compliance and public policy projects, government affairs and public advocacy missions, and offered technical assistance, research, training and capacity-building services for international organizations such as the European Commission, governments, trade and professional associations, multinational companies and NGOs.

He has practiced as an attorney in those fields for various law firms in the United States and Belgium. He also worked as a policy counsel and consultant for nonprofit organizations in the United States, Europe and Latin America. Between 2001 and 2006 he was International Privacy Director at the Electronic Privacy Information Center in Washington, DC, and was Invited Law Professor at the University of los Andes in Bogota between 2007 and 2008.

He is the author of various books, articles and reports in the areas of data protection, privacy and human rights. He has presented more than 100 workshops, seminars, conferences and courses all around the world and was invited by institutions or organizations such as the European Parliament, the European Commission, the United States Congress, the United Nations, the U.S. Federal Trade Commission, the International Conferences of Privacy & Data Protection Commissioners, the American Bar Association and the International Association of Privacy Professionals.

He is a member of the District of Columbia Bar, and graduated with a Master of Laws from Columbia University, a Bachelor of Laws from the Catholic University of Louvain (Belgium) and a European Master of Arts in Science, Society & Technology. In Mexico, he is the Vice-President of the Latin American Association of Information Security Professionals (Asociación Latinoamericana de Profesionales en Seguridad Informática) since 2013.

He is fluent in French, English, Spanish, proficient in Portuguese and conversant in Dutch. More details about him and the Dumont law firm at: http://www.dumont.mx/.


Kate Lucente is an associate at DLA Piper, where she focuses her practice on complex and rapidly evolving state, federal and international laws related to privacy and security, international data protection, communications, e-commerce and marketing compliance.

Ms. Lucente frequently counsels clients international privacy and related issues and has managed numerous multi-jurisdictional privacy projects, spanning countries in Europe, Asia, North America, Latin America and Africa, and covering a range of issues including data privacy and data protection, marketing and advertising, data security, media law, employee privacy, records management, implementation of whistle blower programs and cyber-law issues.

Ms. Lucente also frequently advises companies on U.S. regulations that include federal and state data breach requirements, privacy and security laws, CAN-SPAM and related state regulations, state and federal telemarketing regulations, the Children’s Online Privacy Protection Act, the Gramm-Leach-Bliley Act, and HIPAA and the HITECH Act. Ms. Lucente also represents clients in privacy litigation in the federal courts, and in responding to FTC Civil Investigative Demands and other agency proceedings related to consumer privacy issues. 

Ms. Lucente has extensive experience representing clients in the technology, communications, marketing, media, retail, health services and financial industries, in connection with a wide variety of issues. Her clients include a number of Fortune 500 companies, as well as smaller organizations and start-up companies.

In addition to her J.D., Ms. Lucente holds a Master of Arts in Mass Communications Law from the University of Florida, where her graduate work focused primarily on information privacy laws, telecommunications regulations and First Amendment issues. Prior to her legal career, Ms. Lucente worked for several years in the financial services and communications industries.


Laura D. Berger is an attorney in the Division of Privacy and Identity Protection at the Federal Trade Commission.  She enforces federal laws that protect consumer privacy. Recently, her law enforcement work has focused on the privacy and security standards applicable to social media and to the Internet of Things. She also has worked on the agency's efforts to educate app developers about privacy and security. She received a B.A. from Tulane University and a J.D. from the University of Michigan Law School. She works from the FTC's Regional Office in San Francisco.


Marcus Morissette is currently the Director of Privacy for eBay’s Global Marketplaces business. He is responsible for the development and implementation of privacy policies and controls for a global ecommerce business that includes such brands at eBay, StubHub, eBay Classifieds Group, eBay Commerce Network (Shopping.com, epinions.com), and several other marketplaces brands.

He was formerly the co-founder and Chief Operating Officer of Concise Consulting, a boutique information privacy and security consulting firm based in Seattle, WA. He has worked in the data protection field for over 14 years, serving previously in a diverse set of roles at IOActive, KPMG, and several start-up technology and services firms.

He also serves as an attorney in the U.S. Navy (reserve component), and is currently the Staff Judge Advocate at Navy Mine and Anti-Submarine Warfare command in San Diego, California. He provides advice to the commander and his staff on issues of operational law, rules of engagement and Law of War compliance relating to mine and anti-submarine warfare.

He received his undergraduate degree in Economics from the University of Maryland, and his law degree from the University of Idaho, College of Law. He holds certifications as a CIPP, CISSP, CISA, and is licensed to practice law in the State of Washington.


Michael A. Signorelli

Michael A. Signorelli is of counsel in the firm’s Government and Regulatory Affairs Practice Group, where he advises and represents clients on privacy and Internet-related issues. Mr. Signorelli counsels clients on advertising, marketing, and data security related matters and represents clients in federal marketing-related legislation and rulemaking proceedings and other matters before the Federal Trade Commission, Federal Communications Commission, and the U.S. Department of Commerce. Mr. Signorelli advises clients with regulatory compliance matters and on developments regarding the Controlling the Assault of Non-Solicited Pornography and Marketing Act (Can-SPAM), Telemarketing Sales Rule (TSR), Telephone Consumer Protection Act (TCPA), and compliance with the European Union's Data Protection Directive (the E.U. Directive). Mr. Signorelli has also been involved in matters related to Internet governance, crisis management, and the development of self-regulatory programs.

Mr. Signorelli represents a wide variety of clients, including marketers, advertisers, trade associations, e-commerce firms, retailers, and non-profits in privacy and consumer protection related matters before federal and state regulators and federal policy makers.


Nandita "Toma" Shepherd

Position/Title: Counsel

Firm or Place of Business: Roche Diagnostics

Law School/Graduate School: Indiana University-Indianapolis

Work History:

Toma Shepherd has been with Roche Diagnostics nearly six years. She currently supports the Global Diabetes Care Division in the United States and the procurement function for the Indianapolis campus of Roche.

Previously, Toma was an associate for Barnes & Thornburg and a former Deputy Attorney General and Attorney for the Indiana Department of Local Government Finance.

Professional Memberships: Indianapolis Bar Association, IAPP