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Think Like a Lawyer, Talk Like a Geek 2014: Get Fluent in Technology


Speaker(s): Bryan J. Rose, Carol Mascera, Daniel L. Regard, David W. Opderbeck, Edward J. Spaeth, Fernando A. Bohorquez, Jr., Heidi Messer, Jon Glass, Joseph J. Lewczak, Kenneth A. Adler, Lisa Larson, Lori E. Lesser, Mary Ellen Callahan, Matthew Haies, Natalie Margulies, Peter Brown, Timothy Ryan
Recorded on: Nov. 17, 2014
PLI Program #: 50580

Fernando Bohorquez is a forward-thinking, problem-solving, and innovative attorney who handles commercial, intellectual property, and bankruptcy litigation and business disputes. He has deep knowledge and experience with all phases of civil litigation, managing large scale cases in high profile and pressure environments. Fernando leverages these skills sets, as well as his networks inside and outside of the firm, to advise a variety of emerging tech startup and social media clients on business law, intellectual property, on-line advertising, and privacy and data security. He is a frequent speaker on social media and digital marketing, privacy and data security, electronic discovery, and law firm diversity initiatives and has published several articles and blogs on online advertising and marketing, Internet-related intellectual property issues, and electronic discovery, including regularly contributing to the firm's Data Privacy Monitor and IP Intelligence blogs. For Fernando’s thought leadership on these topics, click here and here.

Fernando is very involved and invested in the startup community, representing and counseling various minority and female owned tech companies, serving as a leading member of the firm's Emerging Company team, spearheading the firm's sponsorship of the German Accelerator program in New York City, and speaking at local law schools. Furthermore, Fernando is deeply committed to civic engagement and public service. Recognizing these efforts, the Mayor of New York City recently appointed Fernando to the Conflicts of Interest Board of New York, which oversees the ethics laws applicable to all New York City public servants. He serves on numerous non-profit boards, focusing his time on pipeline efforts developing and mentoring the next generation of leaders of color in the business and legal community. Consistent with these commitments, Fernando is also the Co-Chair of the New York office's Diversity and Community Engagement and Mentor Committees.

Select Experience

  • Integrally involved as a lead attorney for BakerHostetler's court-appointed representation of SIPA Trustee Irving H. Picard for the liquidation of Bernard L. Madoff Investment Securities LLC in efforts to recover assets for the Fund of Customer Property. Core member of strategy team supervising the global investigation and litigation of hundreds of actions seeking recovery of fraudulent transfers for equitable distribution to the defrauded customers filed by the Trustee in the United States Bankruptcy Court for the Southern District of New York against financial institutions, money managers, insiders, and sophisticated investors.
  • Represented senior government official in Iqbal v. Ashcroft, involving constitutional and statutory challenges to the detention policies following the September 11 terrorist attacks, resulting in a favorable U.S. Supreme Court ruling on the pleading standards required to bring actions in federal court.
  • Managed large-scale, multidisciplinary team in Lanham Act litigation against numerous competitors of a leading client in the prepaid calling card industry.
  • Managed a large scale litigation team in Lanham Act claims against a competitor trademarking distributor for a beauty care industry client.
  • Counseled media conglomerate on digital media issues relating to contracts, licenses, intellectual property, among others, in pre-litigation management work.
  • Advises numerous technology companies in pre-litigation work, including contract and intellectual property issues, and handled disputes with customers and partners to avoid litigation


Carol Leslie Mascera

 

Position/Title: Global Manager of Financial Technology Group, Legal Department

Firm or Place of Business: Bloomberg L.P.

Primary Areas of Practice: Corporate attorney specializing in information technology and e-commerce matters

 

Law School/

Graduate School: Columbia Law School, JD '95

Yale University, BA '92 (Political Science)

 

Work History:

Willkie Farr & Gallagher LLP, September 1995 - December 2011 (partner from 2004-2011)

Bloomberg L.P., January 2012 - present

 

Professional Memberships:

American Bar Association

New York State Bar Association

 

Carol Leslie Mascera is the Global Manager of the Financial Technology Group, Legal Department of Bloomberg L.P. In her role, Carol oversees the company's Legal function for the core terminal product and functions, data products, order management systems and other areas.

Prior to joining Bloomberg L.P. in January 2012, Carol was a partner at Willkie Farr & Gallagher LLP. At Willkie, Carol was Co-Chair of the Information Systems/Technology Practice Group and was a corporate attorney specializing in information technology and e-commerce matters. Carol began her legal career at Willkie in September 1995 and became a partner in January 2004. 

Carol graduated from Columbia Law School in 1995 and received her undergraduate degree from Yale University in 1992.


Natalie Margulies

 

Position/Title:  Vice President, Head of Digital Business Affairs 

Firm or Place of Business:  Conde Nast Entertainment

Address:  222 Broadway, New York, New York 10038

Phone: (212) 790-2258

E-Mail:  Natalie_margulies@condenast.com 

Primary Areas of Practice: Entertainment, New Media

Law School/

Graduate School:  Columbia Law School

Work History:  Sony Music Entertainment, Frankfurt Kurnit Klein & Selz, Simpson Thacher & Bartlett  

Professional Memberships:  NYS Bar Association


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 Information Technology Law 2015-2016 for New York City.

Mr. Brown has experience in a wide variety of litigations relating to the Internet, information 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 2016 edition (affiliated with U.S. News & World Report), rated Peter Brown & Associates PLLC a First Tier National Technology Law firm. 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


Bryan J. Rose is a Managing Director at Stroz Friedberg and the head of the firm’s New York Office. Mr. Rose is responsible for supervising computer forensics matters, cyber-crime investigations, and electronic discovery assignments involving the preservation, collection, and analysis of electronic data in criminal, civil, regulatory, and internal corporate matters. Mr. Rose also oversees complex white collar investigations involving computer crimes, securities fraud, identity theft, employee misconduct, the theft of trade secrets, and money laundering for Fortune 500 companies and major law firms.

Prior to joining Stroz Friedberg, Mr. Rose served as an Assistant U.S. Attorney in the Eastern District of New York, working in the General Crimes, Narcotics, and Violent Crimes & Terrorism Sections.

During his time at the U.S. Attorney’s office, Mr. Rose frequently prosecuted individuals engaged in serious financial crimes, including money laundering, wire fraud, bank fraud, credit card fraud, health care fraud, bank robbery, and identity theft. In addition, Mr. Rose prosecuted cases targeting international drug traffickers, violent gangs, terrorists, and members of organized crime, many of whom were among the worst criminal offenders and had committed extremely violent crimes, including murder, attempted murder, kidnapping, assault, and arson.

From 2000 to 2002, prior to joining the U.S. Attorney’s office, Mr. Rose served as an Assistant Attorney General in the Office of the Illinois Attorney General, located in Chicago, Illinois. Mr. Rose worked directly for the Solicitor General of the State of Illinois, handling complex appeals in constitutional, civil, and regulatory matters. Mr. Rose briefed and argued numerous federal cases before the U.S. Court of Appeals for the Seventh Circuit, involving challenges to state laws, state regulations, and the conduct of state officials. Mr. Rose also frequently handled civil appellate cases in state courts throughout the State of Illinois.

From 1999 to 2000, Mr. Rose served as a law clerk to the Honorable Joel M. Flaum of the U.S. Court of Appeals for the Seventh Circuit.

Mr. Rose received his B.A., magna cum laude, in History and Religious Studies from Indiana University in Bloomington, Indiana and was elected to membership in Phi Beta Kappa for his academic achievements as an undergraduate. Mr. Rose also received his M.A. in Religious Studies from Indiana University, where he served as an associate instructor in the Afro-American Studies Department while completing his graduate studies. Mr. Rose went on to obtain his J.D., with High Distinction, from the University of Virginia School of Law in Charlottesville, Virginia, where he was named a Hardy Cross Dillard Scholar and served as Editor-in-Chief of the Virginia Law Review.


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.


Jon Glass is Vice President, Digital Legal Affairs, Warner Music Group based in New York.  Jon has been with Warner since 2010.  In his current role, Jon’s main responsibility is working with the Warner’s Digital Business & Strategy Group to structure, negotiate, and draft various global digital distribution deals, with Warner’s largest digital service providers.

Prior to joining Warner, Jon worked in a similar role at Sony Music, where he was a Director, Business & Legal Affairs in the Global Digital Business Group.  Before Sony, Jon was an Associate in the Technology Transactions Group in Morrison & Foerster’s San Francisco office, where he represented various global technology companies, many of which that are located in SF and Silicon Valley.

Jon graduated with a B.A. from Washington University in St. Louis and later received his law degree from Northwestern University School of Law.


Joseph Lewczak is a partner in the Advertising, Marketing & Promotions; Entertainment, Media & Sports and Intellectual Property Practice Groups of Davis & Gilbert, and one of the country’s leading experts in advertising, marketing and promotions laws. He has extensive experience in representing a wide range of advertising and promotions agencies, advertisers and media companies on a broad array of issues relating to advertising, promotions, social media, native advertising and intellectual property. He is the founder and lead guitarist for the firm’s rock band, Generator Honey, two-time winner of the Advertising Week Battle of the Ad Bands. 

Mr. Lewczak has been recognized as a leading lawyer for advertising law by Chambers USA: America’s Leading Lawyers for Business for nine consecutive years (2008-2016).The Legal 500 United States directory has also recognized him for eight consecutive years (2009-2016) in the area of advertising and marketing. In addition, Mr. Lewczak has been recognized by The Best Lawyers in America in advertising law (2011-2017) and in media law (2017) and was named the 2017 Media Law “Lawyer of the Year” in New York City. He was also selected as a Super Lawyer by New York Metro Super Lawyers (2013-2015).

Mr. Lewczak takes a practical approach to advising his clients, always ensuring that deals are completed as quickly and efficiently as possible while limiting accompanying risk exposure. His extremely broad knowledge base and his expertise are invaluable in helping clients navigate the converging landscape of traditional, digital, social and mobile media. His considerable experience includes advising on all aspects of legal compliance on advertising and promotions issues, and he frequently helps his clients create successful and legally compliant complex games of chance and skill. He is an expert in drafting and negotiating a wide array of agreements including talent agreements, all manner of licensing agreements, and media buying and traditional agency services agreements. 

Mr. Lewczak is a frequent public speaker on advertising, marketing, promotions and social media issues, and he has written extensively on these topics.

Mr. Lewczak served as an adjunct professor at New York Law School, where he taught advertising, marketing and promotions law. Prior to joining Davis & Gilbert, he was the director of legal affairs at EMI-Capitol Music Group North America and a corporate attorney at Willkie Farr & Gallagher LLP.


Lisa Larson is Vology’s Chief Cloud Officer.  She oversees the go-to-market strategies for Vology’s cloud, virtualization and storage service offerings as well as associated network design, installation and management services.  Lisa’s team comprises more than 50 engineers holding more than 75 certifications from Vology’s gold and platinum partners.  Lisa’s applied technology experience spans more than 20 years in IT, Professional Services and technical sales with an emphasis in Managed Services, Consulting, Infrastructure Services, Project Management, IT Operations, Technical Support, Application Development and leadership.

Lisa joined Vology from Rackspace (NYSE:RAX), as a Vice President of Sales Engineering where she led various teams responsible for providing enterprise cloud and hosting solutions for Rackspace customers.  Lisa is a cloud solutions thought leader, regularly speaking on behalf of Rackspace, and now Vology, on the adoption of cloud computing across IT functions.  Prior to Rackspace, Lisa held several positions of increasing responsibility at Dell during a career that spanned 12 years, and previously worked in Information Technology at Exxon Mobil.

Lisa is a graduate of the University of Houston with a BS in Computer Science, Mathematics and Business.  In her spare time, she’s an avid runner and just completed her tenth marathon.


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. Lori advises on all aspects of intellectual property, technology and privacy law, including corporate transactions, litigation, licensing, outsourcing, strategic agreements and counseling.

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. Her IP litigation practice comprises trial and appellate work and WIPO arbitrations.

Ms. Lesser is also 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 corporate partner for GreaterNY 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 Harvard Class of 1988. She is on the Advisory Board of ChIPs (chief IP counsel), 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. She is a Fellow of the Foreign Policy Association.

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.


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.


Timothy P. Ryan is a Principal in the Fraud Investigation & Dispute Services practice of Ernst & Young LLP where he assists clients in responding to, investigating, and remediating cyber incidents. Prior to joining EY, Tim led the Cyber Security and Investigations practice of an international risk consultancy. Tim also previously 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 computer forensic examinations on behalf of federal, state, and local authorities.

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 was an adjunct professor at Seton Hall University School of Law where he taught 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, CBS, NBC Nightly News, BBC, CNBC, The Today Show, ABC, Washington Post, 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.

Education

J.D. Rutgers University School of Law

M.S. Information Technology and Information Assurance, University of Maryland

B.A. Political Science, Kean University

Certification

Global Certified Incident Handler (GCIH)

FBI Computer Analysis Response Team (former)

FBI Instructor (former)

Licensed to practice law in NJ and AZ


As Senior Vice President, General Counsel of Xaxis, Matthew Haies oversees the worldwide legal strategy of the world’s largest programmatic media and technology company.  He also serves on the Board of Directors of the Network Advertising Initiative, a leading self-regulatory association dedicated to responsible data collection and use for digital advertising.

Prior to Xaxis’s merger with 24/7 Media, Matt served as Vice President, General Counsel of 24/7 Media and was instrumental in executing the merger between the companies. Matt came to 24/7 Media from AppNexus, where he initially served as General Counsel, building the company’s legal organization from scratch, and later served as Vice President of Privacy Strategy. Prior to that, Matt co-founded and led a privacy-focused start-up venture. He previously served as Senior Counsel at Google, where he was the lead attorney for the company’s DoubleClick division and Invite Media subsidiary. Matt was formerly a corporate attorney at Kramer Levin Naftalis & Frankel, where he specialized in mergers and acquisitions, securities, and corporate governance.

Matt earned his Bachelor’s degree, cum laude, from Duke University and his J.D. from NYU School of Law.


Edward Spaeth is Vice President and Assistant General Counsel for LexisNexis, a division of Reed Elsevier Inc.  LexisNexis® is a leading global provider of content-enabled workflow solutions designed specifically for professionals in the legal, risk management, corporate, government, law enforcement, accounting, and academic markets.  Ed joined LexisNexis in November of 2002.  Ed has over ten years of experience in content licensing and acquisition, and publishing.  Ed’s current responsibilities include legal counsel and support across the full spectrum of legal and product development needs of the LexisNexis U.S. Legal & Professional market, with a focus on customers with more than 50 attorneys.  Prior to joining LexisNexis, Ed had over 12 years’ experience in private practice with concentrations in the areas of tax law, general business and corporate law, mergers and acquisitions, estate and business succession planning,  and business litigation.  Ed received his J.D., magna cum laude, from Northern Kentucky University, and an LL.M. in taxation from the University of Florida.  Ed received his B.A. in industrial relations from the University of Cincinnati.


Kenneth Adler specializes in complex global and domestic outsourcing and technology transactions. With over 25 years of experience, his practice includes drafting and negotiating all types of outsourcing and technology agreements, including business process and information technology outsourcings. He has significant experience addressing the creation of, and strategies relating to, cloud computing, multi-sourced environments, as well as renegotiation and termination of existing outsourcing and IT related agreements.

Mr. Adler regularly assists clients with respect to outsourcing strategies, including to near-shore and off-shore destinations, and emerging outsourcing locales. His practice also includes advising clients on data security and privacy matters, and all facets of technology transactions and sourcing, including with respect to e-commerce, information technology, emerging technologies, telecommunications and computer law, and on related intellectual property, privacy and data security issues.


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.