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Ethics in Social Media 2014


Speaker(s): David Bomzer, Francesca A. Morris, Jane Shahmanesh, Jonathan K. Cooperman, Keith J. McWha, Lowell Williams, Richard Raysman, Ronald Abramson, Sofia S. Rahman
Recorded on: Mar. 17, 2014
PLI Program #: 49572

Keith McWha is a partner in McCarter & English’s Intellectual Property and Information Technology group. Prior to joining McCarter, he served as a partner for general practice law firms, and served as in-house counsel for a global medical technology company. Mr. McWha advises clients on a wide variety of legal issues, including intellectual property and regulatory matters. He has extensive experience with patents, trademarks, copyrights, trade secrets, and unfair competition in high technology areas.

Mr. McWha’s practice includes intellectual property litigation, opinions, prosecution, and transactional matters.  Some areas of technical expertise include consumer electronics, telecommunications, media and technology, information technology, medical devices, pharmaceuticals, polymer science, renewable energy, industrial equipment, computer software, information technology and financial services. Mr. McWha also counsels clients concerning intellectual property portfolios and renders opinions on validity, infringement and freedom to use on a wide array of technologies. His international experience includes matters before the U.S. International Trade Commission concerning Section 337 Investigations. Mr. McWha's regulatory practice focuses on legal and regulatory compliance involving the FDA, Consumer Products Safety Commission, and EPA standards.

Education

  • Seton Hall University School of Law, J.D., 1997
  • University of Massachusetts, M.S., 1988
  • University of Massachusetts, B.S., summa cum laude, 1986

 
Admissions

  • State of New York
  • State of New Jersey
  • District of Columbia
  • U.S. District Court, Southern District of New York
  • U.S. District Court, Eastern District of New York
  • U.S. District Court, District of New Jersey
  • U.S. Court of Appeals for the Third Circuit
  • U.S. Court of Appeals for the Federal Circuit
  • U.S. District Court, District of Columbia
  • U.S. Patent and Trademark Office

  
Professional Affiliations

  • New York Intellectual Property Law Association
  • New York County Law Association
  • New Jersey Intellectual Property Law Association
  • INTA


David Bomzer is Assistant Intellectual Property Counsel with Pratt & Whitney, a division of United Technologies Corporation, which also includes UTC Aerospace Systems, Sikorsky, Otis, and UTC Climate, Controls and Security.  At Pratt & Whitney, David’s primary function is coordinating and executing strategies for protecting Pratt & Whitney’s intellectual property surrounding the Pure Power™ geared turbofan engine.  In addition, David supports the drafting agreements and licenses related to capital expenditures, supply chain development and optimization, technology transfer and joint technology ventures.  Prior to joining the team at Pratt & Whitney, David was Counsel for Day Pitney, in the New York Office, where David counseled a variety of clients on issues relating to procuring and protecting intellectual property and coordinating the transfer of technology assets.

David also has experience as a shock analysis engineer for the Electric Boat Corporation, which designs and builds Nuclear Submarines for the US Navy, a process design engineer for Pall Corporation, and a structural design engineer for the commercial car carrier division of the Ryder Truck company.  David has taught graduate and undergraduate mechanical and aerospace engineering courses at the Brooklyn Campus of the Polytechnic Institute of NYU, and at the Long Island Campus of the New York Institute of Technology.  David holds a Juris Doctor from the Benjamin N. Cardozo School of Law, an MSME from the Polytechnic Institute of NYU, and a BSAE from the State University of New York at Buffalo.


Francesca Morris practices in the New York Litigation Practice Group. Ms. Morris advises and represents foreign and domestic companies and financial institutions in complex commercial disputes related to breaches of contract, business torts, defamation, copyright and trademark infringement and licensing disputes. In addition, Ms. Morris routinely negotiates and drafts domestic and international licensing and software as a service agreements. Ms. Morris has experience in jury and non-jury trials and appeals in federal and state courts. A substantial part of Ms. Morris's practice relates to international business disputes. Ms. Morris represents secured lenders and creditors in highly contested bankruptcies under Chapter 11 and Chapter 15.

She has appeared pro bono representing victims of domestic violence in obtaining orders of protection and in marital and family law matters, such as custody, visitation and child support disputes and divorce. In December 2003, Ms. Morris was awarded the John K. Geiger Award for commitment to justice by the not-for-profit group inMotion, Inc. for her pro bono work. Ms. Morris is a member of the New York Office Diversity Committee.

Honors & Awards

  • New York Super Lawyers magazine, 2012, 2014
  • John K. Geiger Award for Commitment to Justice, inMotion, Inc., 2003

Publications

  • Social Media is Your Frenemy:Lawyer’s Ethical Dilemmas, Co-Author, The Computer Law and Internet Lawyer, October 2014
  • How to Minimize Cloud Operational Risk, Co-Author, Wall Street Journal, CIO Journal, September 18, 2014
  • The Software Audit: Not "if" but "When,"Wall Street Journal, CIO Journal, July 14, 2014
  • Rightsourcing:Seeking a Balance Between Insourcing and Outsourcing, Co-Author, Practical Law The Journal, April 2014
  • CIOs Need to Bone Up on Robotics Regulations,” Co-Author, Wall Street Journal, CIO Journal, March 17, 2014
  • CIO Responsibility for Social Media, Co-Author, The Wall Street Journal, CIO Journal, February 20, 2014
  • Avoiding System Failure for Complex Software Projects, Co-Author, Wall Street Journal, CIO Journal, January 6, 2014
  • How Banking CIOs Can Meet Third-Party Vendor Requirements, Co-Author, Wall Street Journal, CIO Journal, December 16, 2013
  • How CIOs Can Avoid Outsourcing Risk, Co-Author, Wall Street Journal, CIO Journal, November 25, 2013
  • Software License Disputes: Managing the Inherent Risks, Practical Law Company Intellectual Property & Technology, May 2012
  • Software License Disputes: Managing the Inherent Risks, Practical Law Company, September 2011

Speaking Engagements

  • Ethics in Social Media 2014, Evidence for Social Media, Practising Law Institute, March 17, 2014
  • IP Trademark, Copyright & Licensing Counsel Forum, Moderator, Software Licensing Disputes, October 22, 2013
  • Insourcing v. Outsourcing - The Pendulum Swings and How to Avoid Risk, Holland & Knight Program, October 8, 2013
  • Ethics in Social Media 2013, Evidence for Social Media, Practising Law Institute, March 18, 2013
  • Outsourcing Risk/Compliance, The Outsourcing Roadshow, December 5, 2012
  • Ethics in Social Media, the Internet: Your Friend and Your Enemy, ALM Webinar, September 12, 2012
  • How to Resolve Critical Software License Disputes 2012, Practising Law Institute, June 27, 2012
  • Software License Disputes, Practising Law Institute Webcast, August 11, 2011
  • The Close Call of Software Licensing Disputes, Lawline webinar, April 20, 2011
  • When Good Software Licenses Go Bad, ALM webinar, April 5, 2011
  • Protecting Your Brand: Trademark Litigation for Increasing Profits, January 26, 2011
  • Improving a Company's Profitability -- Monetizing Patents and Financing Commercial Litigation, September 21, 2010

Education

  • Fordham University School of Law, J.D.
  • University of Leeds (England), B.A., English Literature and History, with honors

Court Admissions

  • U.S. Court of Appeals for the Second Circuit
  • U.S. District Court for the Southern District of New York
  • U.S. District Court for the Eastern District of New York
  • All State Courts in New York


Jane Shahmanesh is a Managing Director with Adherence Consulting Group, which provides outsourced regulatory compliance, general counsel and operational services to asset managers and broker-dealers.  Prior to Adherence, Jane worked as an in-house legal and compliance lawyer for a Who’s Who of financial institutions - including Lehman Brothers (where she counseled the bankrupt entity’s derivative unwind),  Goldman Sachs & Co. (where she ran a division of their Compliance Department), Credit Suisse (where she was the interim legal manager for CSAM and its hedge fund businesses), Citibank (where she was the General Counsel to the Private Bank), and Deutsche Asset Management (legacy Bankers Trust)(where she supervised the legal and compliance department).

She was also a Partner at McGuireWoods, LLP, one of the nation’s largest law firms.

Jane currently teaches regulatory compliance at Pace Law School.

She has a BA from Barnard College and a JD from American University.


Ronald Abramson is an IP litigator with Lewis Baach Kaufmann Middlemiss in New York.

Ron’s practice involves litigation in the areas of patent infringement, copyright infringement, trademark infringement and anti-counterfeiting, and trade secret misappropriation.

He has practiced extensively in areas involving computer software, telecommunications networks and equipment, as well as entertainment and brand-related IP and general commercial litigation.

Mr. Abramson is past Chair of the Committee on Patents of the New York City Bar Association, and also a past Chair of Association’s Committee on Computer Law.


Related Practices:  

E-Commerce,  Intellectual Property,  Technology, Outsourcing, Healthcare Technology, Outsourcing and HITECH,  Mergers and Acquisitions, Corporate Services, Data Privacy and Security, Licensing

 

Richard Raysman is a partner in Holland & Knight's New York office. Mr. Raysman concentrates on computer law, outsourcing, complex technology transactions and intellectual property issues. He has significant experience in structuring technology transactions, and his information technology background and understanding of the law have made him uniquely qualified to represent clients for technology issues. Mr. Raysman has been selected by Chambers USA as one of America's leading outsourcing lawyers. He has also been named by Super Lawyers as a top practitioner. He has litigated reported cases for the New York state and federal courts. Prior to practicing law, Mr.

Raysman was a systems engineer for IBM Corporation for six years. Mr. Raysman writes a monthly column on Technology Law for the New York Law Journal and is a member of the Practical Law Company Advisory Board for Intellectual Property & Technology.

Representative Transactional Matters

  • Represented a telecommunications company in a $1.2 billion outsourcing transaction with a global manufacturing company
  • Represented a transportation agency in a $1 billion acquisition of an automated fare collection system
  • Represented an international manufacturing company in a $500 million worldwide outsourcing of information technology to an international service provider
  • Represented a major hospital in a $350 million outsourcing with a major service provider

Reported Cases

  • Stahl Management Corp. v. Conceptions Unlimited 554 F.Supp. 890 (Judge Duffy, S.D.N.Y., breach of computer contract)
  • H/R Stone, Inc. v. Phoenix Business Systems, Inc. 660 F.Supp. 351 (Judge Walker, S.D.N.Y., breach of computer contract)
  • Baby Togs, Inc. v. IMI Systems 205 A.D.2d 335, 613 N.Y.S.2d 168 (Supreme Court, Appellate Division, First Department, New York, breach of computer contract)

Honors & Awards

  • The Best Lawyers in America guide, Information Technology Law, 2006-2015
  • Client Service All-Star, The BTI Consulting Group, Inc., 2014
  • Who's Who Legal 100: Information Technology, 2014
  • Chambers Global – The World's Leading Lawyers for Business guide, Outsourcing, 2009, 2013, 2014
  • The International Who's Who of Information Technology Lawyers, 2013
  • Chambers USA - America's Leading Business Lawyers guide, Technology & Outsourcing - New York, 2010-2014; Outsourcing - Nationwide, 2008-2014
  • New York Super Lawyers magazine, 2008-2014
  • Guide to the World's Leading Information Technology Lawyers, Legal Media Group's Expert Guides, 2011
  • The Best of the Best 2013, Information Technology, Legal Media Group's Expert Guides
  • The Best of the Best USA 2013, Information Technology, Legal Media Group's Expert Guides
  • Who's Who Legal, 2011

Memberships

  • Practical Law Company, Intellectual Property & Technology Advisory Board
  • New York State Bar Association, Past Chair, Business Law Section, Past Chair, Finance Committee
  • New York State Bar Association, Special Committee on Prisoner Re-Entry, Vice Chair Association of the Bar of the City of New York, Patent Law Committee
  • International Bar Association, Intellectual Property and Technology Sections Licensing Executives Society, Co-Chair, New York City Chapter
  • M.I.T. Enterprise Forum, New York City Chapter, Secretary and Member of the Board International Technology Law Association, former Director
  • Children for Children Foundation, former Member of Finance Committee, former Board Member New York Bar Foundation, Board Member
  • Central Synagogue, former Member of Education Committee and Capital Campaign Committee
  • U.S. Army, 310th Military Police Company, 1968-1974

Education

  • Brooklyn Law School, J.D.
  • Massachusetts Institute of Technology, B.S.

Bar Admissions

  • New York Connecticut


Lowell is a thought leader in data analytics and technology for KPMG LLP on a global basis and his corporate duties include technology evaluation, investment enablement in data and analytics and intellectual property licensing and valuation.   Lowell has more than 29 years of international HR and shared services expertise, including account management, contract management and executive-level HR project management responsibility for global clients.  He has extensive experience in acquisitions and technology.  His industry expertise includes financial services, oil & gas, chemicals, health care and hospitals, information systems and e-business, and his engagements in HRO have been with both US and overseas clients.   

EquaTerra was founded in 2003 and acquired by KPMG in 2011.  Lowell was present at the creation of the company and was EquaTerra’s HR Practice Vice President and its general counsel throughout most of the company’s existence.  For several of the early years, he directed internal HR during the company’s initial growth phase.  EquaTerra was a significant investor in related services companies during Lowell’s tenure.  

Prior to joining EquaTerra, Lowell was Executive Director for Exult, the first comprehensive HRO company founded in 1999.  In that position he was responsible for supervising the conversion of HR processes, initiating due diligence projects for HR outsourcing and application support & maintenance, structuring HR benefits and salaries, and conducting transition analysis and documentation for international clients including Unisys and British Petroleum in the United States, United Kingdom and Western Europe drawing on extensive HR and HRIT background on both sides of the Atlantic.  He was resident in London for almost all of that time.

From 1995 through August 1999 Lowell was Executive Vice President for Global Human Resources with Bull Information Systems (“BIS”) and was based in Paris from 1997 to 1999.  In that capacity, he was responsible for internationalization and redevelopment of the company’s executive and management resources; sponsored internal implementation of travel & expense and payroll systems; supported outsourcing proposals; and helped the company re-orient its business focus to systems integration, software and outsourcing.  Lowell was a member of the BIS Executive Committee, the BIS Compensation Committee and the BIS Operating Committee, all of which had external members, and two of which included senior ministers of the French Republic as members.  During the first two years of his affiliation with BIS, Lowell was active with both the Paris and Boston HR teams, and actively worked on development of the North and South American human capital problems. 

Earlier in his career, Lowell was a Senior Vice President and General Counsel with Elf Aquitaine, where he oversaw the modernization of benefits, rewards, development and automation of the HR systems from a mainframe to a distributed environment.   During this time, Lowell moved from a senior legal role into HR line leadership, helped manage the Elf venture capital portfolio and in addition served as a board member of the following companies:

Alphega Indemnity and Liability Co. (Insurance and Re-insurance), Bermuda, 1991-95

Elf International Ltd. (expatriate administrative services), Geneva, 1990-94

Texasgulf Inc., Raleigh, NC, 1987-95  (company was partially owned by The Williams Cos.)


Prior to joining the Elf companies, Lowell was an associate at the law firm  of  Sullivan & Cromwell in New York City from 1972-75.

Lowell holds degrees from the University of California (BA) and Columbia Law School (JD) and is fluent in both French and German.   Lowell was an International Fellow of Columbia University from 1970-71, is a member of Phi Beta Kappa, and graduated with high honors from University of California.

Lowell has served as a trustee of the HRO Association and has been a member of the boards of the German- American Law Association and several community boards in Westchester, New York where he lives.


Sofia heads up the Social Media Legal department at Citi globally and is also responsible for Privacy and Data Protection across the Operations & Technology group. 

Her practice areas also include mobile applications, online and offline marketing, advertising, intellectual property and promotions.

Sofia began her in-house career with Citi in 2004.  Prior to that, she was in private practice at Davis & Gilbert, LLP in New York City.  Sofia received her J.D. from Boston University School of Law and her B.A. from Columbia College, Columbia University.