Skip to main content

Information Technology Law Institute 2013: Privacy and Cybersecurity, Mobile Advertising, Digital Distribution, Social Media and the Third Industrial Revolution


Speaker(s): David Nardoni, David Navetta, Deborah Greaves, Devereux Chatillon, Heather J. McDonald, James Q. Walker, John C. Yates, Joseph J. Lewczak, Joseph V. DeMarco, Laura D. Berger, Lindsay Conner, Marc S. Roth, Merri A. Baldwin, Nubiaa Shabaka, Paola Zeni, Peter Brown, Peter J. Pizzi, Steven V. Hunter
Recorded on: May. 16, 2013
PLI Program #: 43474

David Nardoni is a Director in PwC's Forensic Services practice with 14 years of experience in the fields of forensic investigations, malware capability assessments, cybercrime and information security consulting. 

Mr. Nardoni has led multiple computer forensic investigations dealing with economic espionage, PCI data breaches, intellectual property theft and insider threats. He has responded to numerous crisis incidents and helped organizations worldwide. 

At PwC, Mr. Nardoni advises clients on cyber threats, malware detection, incident response, and insider threat investigations. His recent investigative engagements include responding to state sponsored attacks against clients in the manufacturing, natural resources and energy industries. Prior to PwC, Mr. Nardoni was the computer forensic lab manager in Los Angeles for Deloitte Financial Advisory Services.  

Previously, Mr. Nardoni was the President of an information security consulting firm that specialized in computer forensics and security assessments. He has a BA in Economics, is a Certified Information Systems Security Professional (CISSP) and is an Encase Certified Examiner (EnCE). 

Mr. Nardoni has spoken on a number of cyber security related topics such as Memory Analysis and Malware Triage, Anatomy of an APT Attack and Metadata - The Who, What, Where, Why and How of a Document.


Lindsay Conner is a Partner at Manatt, Phelps & Phillips, LLP in Los Angeles. Mr. Conner focuses on finance, production, distribution and M&A deals in the entertainment and media industries, and was honored in both Variety's "2012 Dealmakers Impact Report" and "2012 Legal Impact Report: 50 Game-Changing Attorneys." He advises film and television studios, networks, production and distribution companies, financial institutions and investors, through the entire life cycle of film, television and new media assets. He has restructured the production and distribution of a multibillion-dollar television franchise, closed half-billion-dollar feature film finance and distribution deals, and negotiated studio film slate financing deals and international television production and distribution deals, as well as deals for the acquisition of companies and film and television assets. Mr. Conner received his J.D., magna cum laude, from Harvard Law School, where he was an Editor of the Harvard Law Review.


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


Deborah E. Greaves

Primary Areas of Practice:
Global intellectual property and brand enforcement, international and domestic transactions, corporate governance (public and private, domestic and international), compliance and regulatory matters, retail leasing and operations, employment law, and litigation.

Law School/Graduate School: Glendale University College of Law (J.D, 1996)

Professional Memberships:

  • California State Bar (Intellectual Property and International Law Sections)
  • American Bar Association (Intellectual Property and International Law Sections)
  • Los Angeles County Bar Association
  • International Trademark Association (INTA)
  • International Anti-Counterfeiting Coalition (IACC)
  • American Footwear and Apparel Association (AFAA) Brand Protection Council
  • NAPW (National Association of Professional Women)


Heather McDonald focuses her practice on intellectual property enforcement and anti-counterfeiting litigation. She serves as Baker Hostetler’s Deputy Litigation Coordinator for the New York Office, with practice management responsibility for approximately 100 attorneys in the firm’s New York office.

Ms. McDonald coordinates a nationwide network of investigators, attorneys and government agencies on both the federal and state levels pursuing individuals and entities trafficking in counterfeit goods. In a profile article about her, Women’s Wear Daily described the program as, “a ‘benchmark’ project, [bringing] together different brands, which collectively hire McDonald to seize any fakes she identifies while on raids.”
 
Ms. McDonald has been actively involved in drafting and lobbying for new legislation in the State of New York that would substantially strengthen the penalties for those convicted of trafficking in counterfeit goods. She has also worked on similar legislation in many other states and on the federal level. Ms. McDonald trains law enforcement officers throughout the country on both the federal and state levels on issues related to trademark counterfeiting. For her service and commitment to protecting IP rights, Ms. McDonald has received numerous awards from both clients and law enforcement.
 
Ms. McDonald has been a pioneer in the area of third party liability in trademark counterfeiting cases. Using both federal and state laws, Ms. McDonald is the principal architect of a program that holds property owners liable for the illegal subject of counterfeit goods that take place on their premises if they have knowledge that the illegal activity is ongoing and fail to takes appropriate steps to remedy the situation. She is also actively involved in several task forces, including the New York City Taskforce, of which she is a founding member, which serves to unite the public and private sectors in New York City dealing with issues related to counterfeit goods.
 
Ms. McDonald was recently honored when named to the World Trademark Review’s WTR 1000—The Definitive Guide to Trademark Legal Services. She is listed as one of the top attorneys in New York for enforcement and one of the top attorneys nationwide for anticounterfeiting efforts, of which there are few. In the Guide, she is referred to by a client as one whose “…name alone strikes fear in the hearts of counterfeiters.” The WTR 1000 is the first and only standalone ranking publication to focus exclusively on trademark practices and practitioners.

In addition to her work in anti-counterfeiting litigation, Ms. McDonald is a seasoned general litigator. On behalf of the SIPA Trustee for the liquidation of Bernard L. Madoff Investment Securities LLC, she is currently involved in the global investigation of the largest financial fraud in history and leads several litigation teams seeking to recover assets for the Customer Fund.

Ms. McDonald is a member of the New York and Connecticut Bars. She is a member of the Anticounterfeiting Committee of International Trademark Association and chairs their task group on Public Awareness for North America. Additionally, she is a member of the International Anticounterfeiting Coalition and co-chair of their China Taskforce.

Ms. McDonald is actively involved in Courageous Kidz, a not-for-profit organization located in Charleston, South Carolina, that serves the needs of children with cancer and their families. Ms. McDonald currently serves as President of the Board of Directors and has been actively involved in providing support and services to these families for more than 25 years.


Peter J. Pizzi is the Managing Partner of the firm's New York office and is a business litigator with substantial experience in a broad range of subject areas. His practice focuses on business litigation, class action defense, internet and IP litigation, internal investigations, labor and employment law, and securities litigation.

Mr. Pizzi has handled matters on behalf of corporate clients in a broad array of industries, including aviation, pharmaceuticals, finance services, computer technology, cosmetics, industrial equipment, and food service and food processors. Within those industries, he is experienced with contract claims, tort actions, whistleblower and discrimination claims, securities and consumer class actions, shareholder derivative suits, minority shareholder disputes, and copyright and trademark actions.

The Board of Trial Attorney Certification of the Supreme Court of New Jersey designated Mr. Pizzi a Certified Civil Trial Attorney in 1998. He was recertified in 2006 and 2011.

He is a member of the Executive Committee of the New York State Bar Association’s Commercial and Federal Litigation Section and Co-Chair of the Section’s Internet and Litigation Committee.

Mr. Pizzi regularly lectures at CLE programs, frequently writes on issues relating to technology law, and is often consulted by news media for insight regarding technology-related topics.

Honors and Awards:

  • "New Jersey's Top Rated Lawyers" as seen in Inside Jersey magazine
  • New Jersey Super Lawyers
  • Delbarton School Hall of Honor
  • Bowdoin College Presidential Award for Leadership in Bowdoin Alumni Schools and Interviewing Committee

Representative Experience:

  • Obtained summary judgment, before depositions, in a consumer class action against a chain of convenience stores alleging its beverage cups failed to deliver the quantity specified.
  • Obtained dismissal of consumer class action against fractional aviation company
  • Succeeded in obtaining withdrawal of third-party claims against multiple vendors joined by Goldman Sachs & Co. in a Fair Labor Standards Act class action
  • Counseled manufacturing client which successfully decertified union representing production employees
  • Obtained a preliminary injunction transferring sixteen domain names and four Twitter accounts on behalf of major New York area airport
  • Won the <quickchek.com> domain for client Quick Chek Corp.
  • In suit to collect payment for Chinese food products, won not only the full purchase price but also punitive damages for fraud and counsel fees as a discovery sanction
  • Won a federal jury trial representing a Sardinian pecorino cheese producer seeking to recover amounts due for shipments claimed by the defendant to be non-conforming
  • Represented defendants in Auction Rate Securities class action in the Southern District of New York
  • Obtained the withdrawal of claims against client in RICO litigation involving pricing practices in the food services industry which was recently certified as a class action
  • Advises the Audit Committee and Special Committee of a public company on compliance issues
  • Led a team performing an internal investigation of whistleblower claims by a former employee of a large insurance and financial services company
  • Defended a consumer class action which presented issues under the Class Action Fairness Act and a class-action waiver clause
  • Obtained dismissal of a Sarbanes-Oxley whistleblower complaint
  • Obtained a favorable jury verdict defending a college professor’s claims of sex discrimination
  • Tried a favorable federal court jury verdict in an unfair competition case
  • Succeeded at trial in a minority shareholder’s squeeze-out lawsuit
  • Successfully represented corporate officers in securities class actions and related SEC investigations

Activities:

  • Speaker, "Information Technology Law Institute 2013: Privacy and Cybersecurity, Mobile Advertising, Digital Distribution, Social Media and the Third Industrial Revolution," Practicing Law Institute's Information Technology Law Institute, New York, NY (April 2013) and San Francisco, CA (May 2013)
  • Speaker, "Cutting Edge Technology Litigation Issues," Practicing Law Institute's 2012 Information Technology Law Institute; New York, NY (April 2012). The presentation is available here.
  • Speaker, "Nuts and Bolts of E-Discovery," New Jersey Institute for Continuing Legal Education (November 2010)
  • Speaker, "Limiting Your Risk from Lawsuits and Government Investigations," New Jersey Business and Industry Association (NJBIA) Seminar: “HR101: An Employment Law and HR Primer” (March 2010)
  • Speaker, "Preventing Discrimination and Harassment in the Workplace," New Jersey Business & Industry Association (NJBIA) Seminar: “Hot Topics in Employment Law” (October 2009)
  • Moderator, “Strategies for Protecting Sports, Music and Publication Content on the Internet, Litigating against Domestic and Foreign Content Pirates” Panel, New York State Bar Association’s Commercial and Federal Litigation Section Spring Meeting (May 2009)
  • Speaker, “Web 2.0 Liability Risks,” New York State Bar Association's Commercial & Federal Litigation Section Spring Meeting (May 2008)
  • Speaker, "Litigation Issues in the Web 2.0 World," Practicing Law Institute's 2008 Information Technology Law Institute (March 2008)
  • Interviewed, Money Matters syndicated radio show on the RIM Patent Battle (2006)
  • Interviewed, Money Matters syndicated radio show on Grokster and the File-Sharing Conundrum (2005)
  • Panelist, "Ethical Issues Presented by Ex Parte Subpoenas To Unmask Anonymous Defendants," New York State Bar Association Commercial and Federal Litigation Section Spring Meeting (2004)
  • Panelist, "Privacy Issues in the E-Workplace: Individual Freedom of Speech vs. The Company's Right to Protect Itself," New Jersey ICLE Seminar (2001)
  • Panelist, "Cyber Smear" Litigation, Privacy, The Internet and the Workplace," New Jersey ICLE Labor Law Forum & Bench Bar Conference (2001)

Publications:

  • Author, “Litigation Proliferates Over The Streaming of Broadcast Television, NY Litigator, January 2014
  • Presentation, "Cutting Edge Technology Litigation Issues," Practicing Law Institute's 2012 Information Technology Law Institute; New York, NY (April 2012).
  • Author, "Where Cyber and Employment Law Intersect Risks for Management Abound," published in "Understanding Developments in Cyberspace Law: Leading Lawyers on Examining Privacy Issues" by Aspatore's "Inside the Minds" Series (June 2011)
  • Author, "Best Practices for Employers Choosing To Google Job Applicants," published in USLAW magazine (Fall/Winter 2010)
  • Author, "Reducing the Burden of Privilege Logs in ESI Productions," published in New Jersey Law Journal (May 2010)
  • Co-author, "ADAAA Fall Out: What Should Employers Do Now? 7 Steps to Prevent Lawsuit Risk and Exposure," published in USLAW magazine (Spring/Summer 2009)
  • Author, "Real World Litigation About Virtual Conduct," published in New Jersey Lawyer (December 2008)
  • Co-author, "A Primer on Net Neutrality" (November 2007)
  • Author, "Disloyal Employees," published in New York Law Journal (September 2006)
  • Author, "Google Image Search: Court Deals a Blow to Fair Use in Adult Site Litigation," published in New York Law Journal (May 2006)
  • Author, "Patent Injunctions: The Effect of the Public Interest in NTP v. RIM," published in New York Law Journal (March 2006)
  • Author, "The Google Book Project Takes Aim at Industry's Content Cache," published in New York Law Journal (January 2006)
  • "Grokster Means More Litigation For Tech Firms," published in New Jersey Law Journal (August 2005)
  • Author, "Employer Communication: E-Mail Can Compel Employees to Arbitrate Workplace Claims," published in New York Law Journal (July 2005)
  • Author, "Lessons from ‘Uncle Henry's’," published in New York Law Journal (May 2005)
  • Co-author, "Idea versus Expression: Copyright Claim for Industrial Parts Vexes the Third Circuit," published in New York Law Journal (February 2005)
  • Author, "Perfect 10 v. Google: Adult Web Site Challenges Search Engine on Image Hits," published in New York Law Journal (January 2005)
  • Author, "Sony v. Does: P2P Filesharing May Involve Protected Speech," published in New York Law Journal (October 2004)
  • Author, "Doe' Defendants: The RIAA's New Front in the Battle Against 'P2P' Filesharers," published in New York Law Journal (June 2004)
  • Co-author, "Strategies for Unmasking the 'Anonymous' Internet User," published in the New York State Bar Association's Commercial and Federal Litigation Section Newsletter (Spring 2004)
  • Author, "New Jersey's Conscientious Employee Protection Act Is Amended," published in The Metropolitan Corporate Counsel (2004)
  • Author, "Record Company Lawsuits Explained--RIAA 'Doe' Lawsuits Seek to Unmask File-Sharers," published in New York Law Journal (2004)
  • Co-author, "OPTING IN: Congress Passes the Can-Spam Act of 2003" (2004)
  • Author, "Courts Balance First Amendment Interests in Lawsuits Aimed at Stopping 'Cybersmear’," published in The Metropolitan Corporate Counsel (2002)
  • Author, "Grappling with 'Cybersmear'," published in New Jersey Law Journal (July 2001)
  • Author, "How to Respond to 'CyberSmear'," (2001)
  • Author, "Sons of Thunder v. Borden: State High Court Has No Faith in Contracts," published in The Legal Opinion Newsletter (October 1997)

Decisions:

  • Dr. Zhu Investment Trade Corp. v. Natural Food Import USA, Inc., 2012 N.J. Super. Unpub. LEXIS 1672 (N.J. App. Div. July 12, 2012)
  • DeFeo v. Quick Chek, 2012 WL 1617419 (Super.Ct May 4, 2012)
  • Haberkorn v. Marquis Jet Partners, Inc., 2011 WL 5822281 (S.D.N.Y. November 17, 2011)
  • Bartone v. NetJets Inc., 2011 BL 166821 (D.N.J. June 24, 2011)
  • Banville & Jones Wine Merchants, Inc. v. La Casa Del Ray S.A., 2010 U.S. Dist. LEXIS 41184 (April 26, 2010) (remand motion denied) and 2010 U.S. Dist. LEXIS 64310 (June 24, 2010) (motion to dismiss tort claims granted)
  • Black Sheep Television, Ltd. v. The Town of Islip, 2010 WL 4970766 (E.D.N.Y. 2010)
  • Town of Islip, New York v. Black sheep Television Ltd., National Arbitration Forum, Claim Number: FA1008001339861 (October 11, 2010) Petter Rindforth, Arbitration Panelist
  • Hettinger v. Kleinman, 733 F.Supp.2d 421 (S.D.N.Y. 2010)
  • Quick Chek Corp. v. Dynamo.com LLC, National Arbitration Forum, Claim Number: FA1006001329173 (July 14, 2010) Nelson A. Diaz, Arbitration Panelist
  • Torn Ranch, Inc. v. Sunrise Commodities, Inc., 2009 WL 2834787 (N.D.Cal.,September 03, 2009)
  • Duravest, Inc. v. Viscardi, A.G., 581 F.Supp.2d 628 (S.D.N.Y. October 7, 2008)
  • In Re Optionable Securities Litigation, 577 F.Supp.2d 681 (S.D.N.Y. 2008)
  • Luna v. Kemira Specialty Inc., 575 F.Supp.2d 1166 (CD Cal. 2008)
  • National Utility Service Inc. v. Huntsman Chemical Corporation, 70 F. Supp.2d 496 (D.N.J. 1999)
  • National Utility Service, Inc. v. Chesapeake Corporation, 45 F.Supp.2d 438 (D.N.J. 1999)
  • APC Commodity Corp. v. Ram Dis Ticaret, A.S., 965 F. Supp. 461 (S.D.N.Y. 1997)
  • NYT Cable TV v. Homestead at Mansfield, Inc., 543 A.2d 10 (N.J. 1988)
  • Direct Satellite Communications, Inc. v. Bd. of Publ. Util., 615 F. Supp. 1558 (D.N.J. 1985)

Practice Areas:

Class Action Defense
Intellectual Property
Commercial Litigation
Labor & Employment Law

Admitted to Practice: 

State of New Jersey
State of New York
Commonwealth of Pennsylvania
State of Colorado
United States District Courts for the District of New Jersey
Eastern District of New York
Southern District of New York
District of Colorado
United States Court of Appeals for the Second and Third Circuits

Education:

Fordham University School of Law (J.D., 1978)
Bowdoin College (A.B., Government, magna cum laude, 1975)

Affiliations:

American Bar Association
New York City Bar Association
New York State Bar Association
New Jersey State Bar Association
Essex County Bar Association


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 Navetta is one of the Founding Partners of the Information Law Group. David focuses on technology, privacy, information security and intellectual property law. He is also a Certified Information Privacy Professional through the International Association of Privacy Professionals. David has enjoyed a wide variety of legal experiences that have provided him with a unique perspective and legal skill set, including work at a large international law firm, in-house experience at a multinational financial institution, and an entrepreneurial endeavor running his own law firm.

Prior to co-founding the Information Law Group, David established InfoSecCompliance LLC ("ISC"), a law firm focusing on information technology-related law. ISC successfully served a wide assortment of U.S. and foreign clients from Fortune 500 companies to small start-ups and service providers. Mr. Navetta previously worked for over three years in New York as assistant general counsel for a larger insurer's eBusiness Risk Solutions Group. David engaged in commercial litigation at a large international law firm for several years prior to going in-house. David previously served as Co-Chair of the American Bar Association's Information Security Committee. 


 


James Walker concentrates in internal investigations, white collar criminal defense, complex commercial litigation, professional liability and legal ethics.  Mr. Walker represents companies and senior executives in federal and state criminal and civil investigations of potential violations of the securities laws and the Foreign Corrupt Practices Act.  He represents law firms and lawyers in government and internal investigations of potential criminal, regulatory and/or professional misconduct, and in related criminal and civil litigation and regulatory proceedings. 

Mr. Walker has been on the New York City Bar’s Professional Discipline, Professional and Judicial Ethics, Professional Responsibility, and Securities Regulation Committees, and on the New York State Bar Association Committee on Professional Ethics, where he has been a member since 1996.  He has drafted numerous ethics opinions and reports on ethics issues.  Mr. Walker is a frequent lecturer on legal ethics, internal investigations and corporate governance, and has written articles on attorney-client privilege, professional ethics, internal investigations, and issues arising under the securities laws.  Mr. Walker also serves as General Counsel to Richards Kibbe & Orbe LLP.


Marc Roth is a partner in the Advertising, Marketing and Media Division of Manatt, Phelps & Phillips, LLP and Co-Chair of the TCPA Compliance and Class Action Defense Group, resident in the firm’s New York office. He is a highly accomplished regulatory and transactional attorney with over 20 years of experience in consumer advertising and marketing law. Clients ranging from Fortune 100 and 500 companies to emerging and start-up firms turn to Mr. Roth for his expertise in privacy law, social media, telemarketing, claim substantiation, continuity and negative option marketing, loyalty programs, and magazine sales and audit rules. Mr. Roth’s practice also includes defending clients before federal and state regulatory authorities. Through his prior experience as an in-house Chief Compliance Counsel for a Time Warner company and FTC staff attorney, he offers a valuable perspective on the matters he handles for clients.

Privacy - Mr. Roth’s experience in advising clients on privacy issues dates back to the 1990s when marketers began to realize how the Internet afforded them new opportunities to collect and utilize consumer data. In addition to counseling clients in this area, he is a frequent speaker and author on privacy issues and has served as faculty and chairperson at legal and business privacy conferences. He is often called upon to assist leading industry trade associations in preparing comments on FTC privacy-related rulemakings His client work involves drafting and amending online and offline privacy policies and advising on how data may be collected, shared and used in partner marketing arrangements. He advises clients on the following: the Children’s Online Privacy Protection Act (COPPA), the Gramm Leach Bliley Act (GLB, and implementing Safeguards Rules), the Fair Credit Reporting Act (FCRA and FACTA), the Video Privacy Protection Act (VPPA), the Health Insurance Portability and Accountability Act (HIPAA), the EU Privacy Directive, the CAN-SPAM Act, and various laws governing data security and breaches. Working in collaboration with European counsel, Mr. Roth also assists clients in structuring solutions for processing and transferring data from the EU, particularly through the Safe Harbor program.

Telemarketing - Mr. Roth has extensive experience advising clients on federal and state telemarketing laws. During his tenure at the FTC, he investigated and prosecuted abusers of the Telemarketing Sales Rule and the FTC Act. Now, Mr. Roth counsels clients on how to develop and manage telemarketing programs that comply with the TSR, the Telephone Consumer Protection Act (TCPA) and applicable state laws. In regard to the TCPA, he advises clients on how to obtain proper consent to send text messages, place calls with pre-recorded messages and comply with Do Not Call and call abandonment rules. Clients benefit from his insight into how the government views this highly sensitive industry. Mr. Roth is frequent speaker at industry conferences and has authored articles on legal and business developments affecting the telemarketing industry.

Mobile and Social Media Marketing - A significant portion of Mr. Roth’s practice is devoted to counseling clients on the legal issues surrounding marketing campaigns conducted through online social networks and wireless devices. He also advises on the unique rules developed by social network platforms (e.g., Facebook and Twitter) as well as industry-governing guidelines specific to the mobile industry. Mr. Roth regularly assists clients in developing social media policies and drafting contracts with vendors for these campaigns. He is a frequent speaker on social media legal issues.

Free Trial, Continuity and Negative Option Marketing - Mr. Roth has significant expertise in advising clients on continuity marketing programs. He counsels companies on how to market, process, and manage campaigns in compliance with all applicable laws, regulations, and credit card processing rules. In addition, from his experience at the FTC and as Chief Compliance Counsel for the country’s largest continuous service magazine sales agency, he understands the nuances of how regulators enforce their laws in this heavily regulated area.

Regulatory Defense - Mr. Roth regularly represents clients before federal and state regulatory authorities. He assists clients in responding to individual complaints, inquiries, investigations, subpoenas and Civil Investigative Demands, and negotiates settlements with regulatory bodies.


Paola Zeni is a member of the Legal Department at Symantec, the fourth-largest independent software company in the world. In her role as Director of Global Privacy she supports Symantec businesses and functions with legal advice on global privacy issues and she oversees Symantec's global privacy program. Paola has been working on privacy issues for more than 10 years, first in Europe with the implementation of the EU Directives for HP and Agilent Technologies, and later in the US as Global Privacy Lead for Agilent Technologies. She has a Law Degree from the Catholic University of Milan and a LLM in US Law from the University of Santa Clara. She is member of the IAPP, was admitted to practice in Italy, and is now a member of the California Bar.


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 


Devereux Chatillon is an experienced media and intellectual property attorney who specializes in the area of copyright and intellectual property rights counseling; strategic positioning and risk management; and litigation advice, including commercial as well as content related. She works with large and small companies, including established firms and start-ups, to advise them on the use of every kind of content, from digital to traditional print, including licenses, rights and litigation. She also creates new templates for applications and content use across all platforms and provides general advice to clients in identifying and helping minimize legal risk.

Dev has spent many years at the highest levels of the corporate world, working at Callaway Digital Arts, Inc. (as VP Business Development); Scholastic, Inc. (as Senior Vice President, Corporate Secretary & General Counsel); Sonnenschein Nath & Rosenthal LLP (as Partner); Miramax Films (as Executive Vice President); The New Yorker (as Vice President & General Counsel); and ABC (as Senior General Attorney).

Educated at New York University (JD, Law), where she served on the NYU Law Review, and Harvard University (AB, American History), Dev lives and practices in New York City. She is a Adjunct Instructor in the Masters Program in Publishing at the NYU School of Continuing Professional Studies. Dev is member of the Board of Trustees of the Practicing Law Institute, where she serves as Co-Chair of the Pro Bono Committee.

Sample representations include the producers of "Fahrenheit 9/11," Zola Books Inc., Callaway Digital Arts, Inc., and Hachette Books.


Mr. Yates is chair of the Corporate Technology Group of Morris, Manning & Martin in Atlanta. He is internationally recognized in the technology law and corporate finance fields.  His firm represents technology companies in all stages of growth and is a leader in VC and private equity deals, IPOs and M&A transactions. Mr. Yates is co-founder of the Technology Association of Georgia, Southeastern Software Association, and Southeast Medical Device Association. He has authored hundreds of articles and was cited by the U.S. Supreme Court in Kodak vs. Image Technical Services.

He received his B.A. and J.D. from Duke University and serves on the Board of Visitors at the Duke School of Law and Board of Trustees of FurmanUniversity. Mr. Yates was chair of the 2013 NCAA Final Four Basketball Tournament in Atlanta in April 2013.


Joseph J. Lewczak is a partner in the Advertising, Marketing & Promotions; Entertainment, Media & Sports and Intellectual Property Practice Groups of Davis & Gilbert. He represents numerous multinational, national and local advertising agencies, promotions agencies, advertisers, direct marketers, and telemarketers in connection with all aspects of advertising, promotions, marketing, direct marketing and telemarketing.

Mr. Lewczak has been recognized as a leading lawyer for advertising law by Chambers USA: America’s Leading Lawyers for Business for eight consecutive years (2008-2015). The Legal 500 U.S. directory has also recognized him for seven consecutive years (2009-2015) in the area of advertising and marketing. In addition, Mr. Lewczak has been recognized as one of The Best Lawyers in America in advertising law (2011-2015). He was also selected as a Super Lawyer by New York Metro Super Lawyers in 2013 and 2014.

Mr. Lewczak has considerable experience in all areas of advertising, direct marketing and promotions, and he is an expert in the areas of games of chance, complex skill contests, telemarketing, direct mail and charitable solicitations. He regularly counsels clients on issues relating to all aspects of intellectual property, including copyright and rights of privacy and publicity. Mr. Lewczak’s practice extends from providing advice on the content of advertising copy and telemarketing scripts, to the review and drafting of rules for sweepstakes and skill contests, to the negotiation of complex agreements relating to the advertising, marketing and promotions industry. He is frequently involved and extremely well versed in the drafting and negotiating of a wide variety of agreements including agency/client agreements, media buying agreements, talent contracts, music licenses, commercial production agreements, and software license agreements. Mr. Lewczak also has extensive experience relating to the advertising, marketing and promotion of alcoholic beverages, primarily representing marketing and promotions agencies in connection with their varied work with wine, distilled spirits and malt beverage makers.

Mr. Lewczak serves as an Adjunct Professor at New York Law School, where he teaches advertising, marketing and promotions law. Prior to joining Davis & Gilbert, Mr. Lewczak was the Director of Legal Affairs at EMI-Capitol Music Group North America and a corporate attorney at Willkie Farr & Gallagher LLP.


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.


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, including the recent guide “Marketing Your Mobile App: Get it Right from the Start.” In addition, she was author of the Commission's Safeguards Rule. 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.


Nubiaa Shabaka is Vice President in the Global Technology, Privacy, Intellectual Property and E-commerce Law Group at Morgan Stanley in New York City, where she serves as chief Privacy and Data Protection Counsel, Cybersecurity Counsel, Telecommunications Counsel and Social Media Counsel for the Americas.  Nubiaa also handles a variety of information technology and Internet-related matters.  Prior to joining Morgan Stanley in January 2008, Nubiaa was an associate in the Technology, Media, Communications and IP Law Group in Proskauer Rose’s New York office.  She earned a B.A., magna cum laude, from New York University and a J.D. from Harvard Law School.