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Cloud Computing 2014: Key Issues and Practical Guidance


Speaker(s): Alison A. Grounds, Benjamin L. Young, Elizabeth E. Harding, Janine Anthony Bowen, John G. Heller, John Pavolotsky, Marc S. Crandall, Mark F. Radcliffe, Mary Ellen Callahan, Rachel Beth Evans, Tanya L. Forsheit
Recorded on: Jun. 9, 2014
PLI Program #: 51407

Alison Grounds is a litigation partner with Troutman Sanders LLP and also serves as the Managing Director of Troutman Sanders eMerge -- a wholly owned subsidiary focused on providing legal and technical solutions to effectively manage eDiscovery from preservation through trial. 

An experienced litigation partner, Alison combines her litigation and eDiscovery experience to work with clients to develop proactive, matter-specific, efficient, and defensible legal strategies for discovery. Alison also advocates on behalf of clients in relation to eDiscovery issues at hearings and depositions in state and federal courts around the country and consults with clients on all phases of eDiscovery.  She is a frequent speaker and author on eDiscovery issues and serves as a dedicated legal resource for Troutman Sanders' lawyers and clients on the intersection of eDiscovery law and technology.

Alison focuses her practice on advising clients on the efficient management, production and use of electronically stored information in litigation and internal/governmental investigations. Alison has assisted hundreds of Firm clients in a variety of industries, including energy, financial services, insurance, pharmaceuticals, construction, technology, and manufacturing with eDiscovery issues in litigation, arbitration, and investigations

Education

University of North Carolina (J.D., 2001) with honors
Loyola University (B.A., summa cum laude, 1997)

Work Experience

Partner, Troutman Sanders LLP, 2012-present
Of Counsel, Troutman Sanders LLP, 2010-2011
Associate, Troutman Sanders LLP, 2001-2009
Fellow, Atlanta Legal Aid, 2002-2003

Distinctions

  • Selected as a Rising Star in General Litigation by Law & Politics and Atlanta Magazine (2009-2014)
  • Selected as Georgia Super Lawyer (2015)
  • Selected as ILTA’s Technology Advocacy Professional of the Year (2013)
  • Named to the Fulton County Daily Report's 2013 "On the Rise" list for top lawyers in Georgia under the age of 40

 


Ben Young is an avid outdoor enthusiast. So much, in fact, that he’ll hike 50 kilometers in one day just to prove it.

The Baden Powell trail along Vancouver's North Shore Mountains is a strenuous undertaking, but Ben has hiked it in a single day every year since he came to Vancouver. That's 16 straight hours of hiking.

It's a grueling day, but one he absolutely relishes.

He moved to Vancouver four years ago from Atlanta, Georgia, to take the job of General Counsel at Peer 1.

Since then he has quickly become one of the city's biggest proponents. The proximity of mountains and ocean, encircled by rugged Pacific Northwest, makes Vancouver a place like no other. As Ben will tell you himself, he's an American in paradise!

Ben knows a once-in-a-lifetime opportunity when he sees it. Leaving his partner-track job at a big law firm for the position with Peer 1 was exactly that.

Ben is the legal face of the company. His department defends, protects and enforces Peer 1's legal and business interests. They advise and support every business unit in the company.

Ben believes that to be a good lawyer, you have to not only be comfortable taking on other people’s problems, you have to enjoy it. "You become an advocate. You have to care about their problems as much as your own."

And Ben does care. What's most important to Ben is that his team, which includes the Abuse and the Compliance & Risk Management groups, are seen as partners in business development, not as the “Department of 'No'". He ensures that the legal team adds value to every interaction by identifying risks and finding the right solution to mitigate them.

Ben holds degrees from both Emory University in Atlanta, Georgia, and Vanderbilt Law School in Nashville, Tennessee.


John G. Heller is a shareholder at Rogers Joseph O'Donnell specializing in complex business litigation and professional liability.

Areas of Practice
Mr. Heller focuses on trials and appeals of commercial litigation, insurance coverage, professional liability, employment, and real estate matters.  He is co-chair of the firm’s Attorney Liability and Conduct Practice Group, and a member of the Complex Commercial Litigation Practice Group.  Mr. Heller is a California Certified Specialist in Legal Malpractice Law.

Professional Qualifications and Activities
Mr. Heller is an experienced trial attorney.  In over 25 years of practice, he has successfully represented businesses and individuals in jury trials and litigation involving claims of breach of contract and warranty, fraud,  professional negligence, insurance bad faith, and civil rights violations.  Mr. Heller has obtained favorable judicial rulings and settlements for professionals sued for malicious prosecution and breach of fiduciary duty, or threatened with judicial sanctions, and has prevailed on numerous anti-SLAPP motions. He has also served as lead counsel representing parties in international arbitration proceedings arising from commercial contract disputes, and claims of accounting fraud.  

Mr. Heller lectures to attorneys and trade organizations on developments in civil procedure, trial practice, anti-SLAPP jurisprudence, and insurance coverage.  Through the ABA Section of Litigation Legal Services Advocacy Training at Stanford Law School, he has instructed public interest attorneys on trial skills.  He serves on the Executive Committee of the San Francisco Bar Association Litigation Section, and has been named a Northern California Super Lawyer each year since 2005. 

Education
J.D., University of California,
Hastings College of the Law, 1987

B.A., University of California at Berkeley, 1982
Magna cum laude in Political Science


Marc S. Crandall serves as head of global compliance, enterprise, at Google, where he addresses security and privacy compliance matters regarding Google’s cloud-based services. Marc has also served as product counsel for Google, where he addressed legal issues concerning the development and deployment of Google technology. He works to achieve compliance with US and international laws and regulations dealing with privacy, law enforcement, system security, intellectual property, content regulation, telecommunications, consumer protection, advertising, and child online protection. He also served a member of the advisory counsel of the non-profit organization American Registry for Internet Numbers, addressing policy matters associated with the dissemination of all Internet protocol addresses for North America.

Prior to joining Google in 2006, Marc served as assistant general counsel with the science and technology law unit of the United States Federal Bureau of Investigation (FBI). As principal legal adviser to the cyber division at FBI headquarters in Washington, DC, he provided legal counsel and policy advice concerning issues involving Internet forensics, computer intrusions, crimes against children, counterterrorism and counterintelligence operations, intellectual property enforcement, privacy and white collar crime. He also served as a lecturer at the FBI Academy. In 2004, he was appointed by the White House National Security Council office to serve as liaison to private industry for matters relating to Internet forensics and infrastructure security. He also regularly served as a member of the United States delegation to the Internet Corporation for Assigned Names and Numbers (ICANN) governmental advisory committee and on the United Nations working group on Internet governance and world summit on the information society.

Before joining the FBI, Marc served as corporations counsel and lead counsel of Internet compliance and enforcement with the California Department of Corporations, California's investment and finance authority. There, he developed policy and executed legal duties in the field of Internet forensics, undercover operations, evidence collection, litigation, and the application of evidentiary, privacy and transactional laws to the Internet. He also created and led the State's first team dedicated to combating Internet-based investment fraud. During this time, Marc was appointed as a special assistant U.S. attorney with the United States Department of Justice, investigating and prosecuting violations of federal law.

Marc earned a bachelor of arts degree from the University of California, Los Angeles and a juris doctor from Pepperdine University School of Law. He also holds a certification with the International Association of Privacy Professionals.


Mark Radcliffe is a senior partner who practices corporate securities and intellectual property at DLA Piper.  DLA Piper has over 4200 lawyers in more than 30 countries.  He earned a B.S. in Chemistry magna cum laude from the University of Michigan and a J.D. from Harvard Law School.  Mr. Radcliffe’s practice focuses on representing corporations in their intellectual property and finance matters.  He has worked software companies (in particular open source companies) for over thirty years and is very actively involved in representing both users and providers of cloud computing services.  He is Co Chair of the Cloud Computing Industry Group at the firm.  He has assisted a number of Global Fortune 500 companies in negotiating cloud computing agreements with major vendors.  He has also represented major cloud computing vendors in developing their standard cloud computing terms of service as well as major reseller and other transactions.

He has spoken on cloud computing issues in a variety of venues including the Practicing Law Institute seminars, the largest legal training organization, Thomson Reuters webinars and Knowledge Congress webinars.  In 1997, the National Law Journal named him one of the 100 Most Influential Lawyers in the United States.  Additionally, Mr. Radcliffe is listed in The Best Lawyers in America in the area of Intellectual Property Law.  Since 2004, he has been named one of Northern California’s Top 100 intellectual property Super Lawyers, in a joint project of Law & Politics and San Francisco magazines.

He is also listed in The International Who’s Who of Internet, e Commerce and Data Protection Lawyers 2008, 2009, 2010, 2011, 2012 and 2013 editions and many annual editions of The International Who’s Who of Business Lawyers.  Since 2009, Intellectual Asset magazine has named him among the “IAM 250 - The World’s Leading IP Strategists.”  The San Francisco Business Times has named him among the best lawyers in the San Francisco Bay area.
In 1998, Harvard Law School designated him a “Distinguished Alumni”.  He has been quoted on intellectual property matters in Time Magazine, the New York Times, Wall Street Journal, San Francisco Examiner, San Jose Mercury News and the Daily Variety.  Mr. Radcliffe has published articles in such legal magazines as the National Law Journal, Trademark World, Computer Lawyer, California Law Business and Copyright World.  He writes frequently on his blog about licensing matters at www.lawandlifesiliconvalley.com/blog.


Primary Areas of Practice:  Intellectual Property

Law School/Graduate School:  University of California, Davis School of Law; University of California, Berkeley School of Business (M.B.A.)

Work History

Greenberg Traurig, LLP
SugarCRM Inc.
Fourth Dimension Software

 


A Shareholder with LeClairRyan, Janine Anthony Bowen counsels clients in technology-related matters regarding cloud computing, mobile commerce, Internet & E-commerce, privacy & data security, intellectual property, and the licensing and acquisition of technology. She helps clients maximize the value of their technology and technology-related spend.

Janine is an engineer, and technologist, as well as an attorney. This unique blend of skills and experience gives her the ability to understand and collaborate with clients – on legal and business issues.

Over the years, Janine has developed an expertise advising her clients on negotiating technology-related deals with Fortune 500 companies. She has negotiated on her clients’ behalf, against notable companies such as Google, Microsoft, Oracle, GE, Expedia, American Express, and Disney, among others.

Her ability to achieve results stems from deep experience in drafting technology and intellectual property agreements and negotiating successful contracts across a broad array of business sectors. In those agreements, Ms. Bowen secures the most advantageous position for her clients, enabling them to preserve robust ownership rights and helping them to enjoy the highest possible return from licensing their technology.

She helps businesses resolve technology disputes and she advises them on strategies for solving a wide range of legal technology challenges. In addition to skillful negotiation, clients count on Ms. Bowen for intelligent technology analysis, cost control, strategic growth advice and thought leadership.

Her notable engagements include:

  • Serving as lead counsel for a $125M education technology and services business.
  • Serving as lead technology counsel on a $75 million ERP application management outsourcing.
  • Serving as lead counsel in the negotiation of $160 million and $50 million cloud services agreement between a provider of outsourced technology services and the provider’s client.

Before joining LeClairRyan, Janine founded JACK Attorneys & Advisors, a Technology Law boutique practice, and capped a more than decade-long practice in law by rising to partner at the Atlanta office of McKenna Long & Aldridge LLP. Before practicing law, she built a foundation for her career in technology. She worked as a senior software consultant for Accenture, as an industrial engineer at CIBA Vision and as a program manager for IBM, where she managed technology licensing agreements that generated global revenue exceeding $150 million a year.

Education

  • J.D., Georgia State University College of Law, 1998
  • M.S., Clemson University, 1991
  • B.S., Clemson University, 1989

Certifications/Other Credentials

  • Certified Information Privacy Professional/US, International Association of Privacy Professionals
  • Certificate, CloudU
  • Consumer Privacy Ombudsman, US Bankruptcy Trustee, Region 8


Prior to joining Infosys on May 1, Rachel worked at Accenture from 2003 to 2015, most recently as the Director of Legal Services for IT Offerings. Her areas of focus include Regulatory Compliance, Complex IT Transactions, IP Licensing, Cloud Computing, Open Source Software, and Software as a Service.

Rachel has been an in-house technology lawyer in Silicon Valley for over 20 years. She grew up in the Chicago area, received her undergraduate degree in psychology from the University of Michigan in 1990, and graduated cum laude from Indiana University School of Law in 1994, where she was an editor of the Indiana Law Journal. Rachel is admitted to practice law in New York and California.

Rachel has been a speaker at numerous PLI conferences over the past 5 years. She is a Litigation Counsel of America Fellow and was recently an LCA panelist on Cloud Computing in 2014. She has also been a Judge for the Intercollegiate Ethics Bowl since 2010.

Rachel lives in San Jose, California. When she’s not working, she enjoys volunteering in animal rescue.

 


Widely considered one of the country’s top privacy and data security counselors and litigators, Tanya Forsheit has advised on high-profile matters involving confidential data and other sensitive information for nearly 20 years.

Ms. Forsheit is Co-Chair of the Privacy & Data Security Group, and a partner in the Technology & Digital Media, Litigation, and Advertising, Marketing & Public Relations groups. She represents multi-national and emerging companies in the media, entertainment, consumer products, healthcare, technology and professional services industries. She counsels clients facing data security breaches and defends against allegations that they mishandled sensitive customer or employee information.  She advises on the protection, storage and monetization of confidential data, including privacy policies, mobile apps, cloud computing, SaaS, smart devices and data analytics. Ms. Forsheit has advised on more than 100 data security breaches and regularly appears in federal and state court litigation, and has advised clients in matters before the Federal Trade Commission and California and other state Attorneys General.

Her representative litigation matters include:

Successfully defeated class certification on behalf of a healthcare technology company in a privacy class action in which plaintiffs sought recovery of more than $40 million for alleged unlawful transmission of faxes relating to HIPAA compliance;

Defended a greeting card company in a putative class action alleging violations of the Telephone Consumer Protection Act (TCPA);

Represented online coupon company in John Doe litigation asserting claims under the Computer Fraud and Abuse Act and the Digital Millennium Copyright Act for illegal scraping of company’s website content;

Won preliminary and permanent injunction and prevailed on summary judgment on behalf of online gaming company as plaintiff in Lanham Act and Anti-Cybersquatting Act lawsuit;

Successfully defended third party administrator in several suits alleging invasion of privacy and breach of medical confidentiality in violation of California’s Confidentiality of Medical Information Act — including a dismissal under California’s anti-Strategic Lawsuits Against Public Participation (“SLAPP”) statute;

Defended text-messaging software platform in purported class actions asserting platform users violated the TCPA by allegedly failing to obtain consent to send marketing text messages.

In addition to her privacy and data security practice, Ms. Forsheit advises on intellectual property matters, and she has represented motion picture studios and television networks in copyright litigation.  She also has experience in antitrust matters, representing a cable company in a purported class action alleging a tying arrangement.

Chambers USA, IT Law Experts, Who’s Who Legal, and Super Lawyers have all praised Ms. Forsheit for her privacy, data security and technology work, and the Los Angeles Daily Journal has twice included her in its list of "Top Women Litigators." Ms. Forsheit lectures widely on technology law topics and has been quoted on privacy and data security in publications such as the Los Angeles Times, Forbes, ComputerWorld, Venture Beat, and Law360.

She is certified as an information privacy professional by the International Association of Privacy Professionals (IAPP). Ms. Forsheit is a past President of the Women Lawyers Association of Los Angeles; and is a member of the American Bar Association: Science and Technology Law Section; the Los Angeles County Bar Association: Entertainment Law and Intellectual Property Section (ELIPS), Executive Committee; and the California Bar: Business Law Section, Cyberspace Committee.

Prior to joining Frankfurt Kurnit, she was a partner with BakerHostetler, and a founding partner of InfoLawGroup LLP, one of the nation’s leading privacy and data security boutiques.


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.


Ms. Harding's breadth of experience in sophisticated technology transactions guides her understanding of client needs. She counsels clients on data privacy compliance, international privacy strategies, and the development of worldwide privacy and data protection policies and procedures.

Ms. Harding advises clients on technology and software licensing, equipment purchase agreements, and maintenance and support agreements.

As a dual-qualified attorney, Ms. Harding is licensed to practice in Colorado, England, and Wales. She was previously a senior solicitor for Withers LLP, one of the leading intellectual property law firms in the UK and Europe.

Memberships & Affiliations

  • Member, American Bar Association
  • Member, Law Society of England and Wales (admitted to practice 2000)
  • Member, Colorado Bar Association
  • Member, Boulder Bar Association
  • Member, American Bar Association Information Security Committee, Vice Chair Working Party on SmartGrid Privacy
  • Member, International Association of Privacy Practitioners
  • National Center for Women and Information Technology
  • Member, National Association of Data Protection Officers (United Kingdom)
  • Member, Society for Computers and Law (United Kingdom)
Publications

Oceans Apart
Society for Computers and Law
Author(s): Elizabeth Harding

Speaking  Engagements

2010
Top 10 Issues in Outsourcing 2011
Association of Corporate Counsel

2010 
Privacy Rights v. Access to Information
OffShore Alert Conference

Related Practices

Intellectual Property
Licensing and Commercialization
Outsourcing and Offshoring Emerging Growth
Internet and Digital Media IP Transactions Healthcare
Privacy and Information Security

Education

Institute of Trademark Attorneys (2005)
Professional Examinations: Basic UK Trademark Law, Advanced UK Trademark Law, Searching, and Basic UK Law

Bournemouth University (Legal Practice Course, 1996)

University of Central Lancashire, Preston (Post Graduate Certificate in Law, 1995)

University of the West of England, Bristol (B.A., 1994) History, with Honors

Bar Admissions

Colorado

Spoken Languages

French