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Financial Services IT 2014: Avoidance of Risk


Speaker(s): Ajay Ayyappan, Andrew Wels, Brian E. Finch, Dennis Conley, Iris Schwartz, Jane Shahmanesh, Jason Klitenic, John Gliedman, Jonathan A. Damon, Louis G. Ricciardi, Richard Raysman, Robert M. Finkel, Robin L. French, Ronald Abramson, Steven B. Roosa
Recorded on: May. 21, 2014
PLI Program #: 56242

Steven B. Roosa is a partner in Holland & Knight's New York office and co-chair of the Data Privacy and Security Team. He is also a fellow emeritus at the Center for Information Technology Policy (CITP) at Princeton University. His practice focuses on advising companies on a wide spectrum of technology and legal issues pertaining to privacy and data security. Representative issues include: mobile app privacy compliance; leveraging anonymity solutions to help clients safely unlock the value of large data sets; Internet tracking; web security; geo-fencing; data breach and incident response; Children's Online Privacy Protection Act (COPPA); Computer Fraud and Abuse Act (CFAA); FTC compliance; privacy considerations of modified network protocols; California best practices for websites and mobile apps; compliance with wiretap statutes and the Electronic Communications Privacy Act (ECPA); public-key infrastructure (PKI); certification authority matters pertaining to online trust; and web-based reputation and defamation issues.

Mr. Roosa's day-to-day practice includes helping companies better understand the privacy profile of their websites and mobile apps and translating that knowledge into actionable risk management options. He has helped infuse the Holland & Knight Team with a tech-focused approach in which law firm privacy counseling to clients includes:

  • proxying network traffic
  • analyzing the use of unique device identifiers for iOS, Android, and Windows 8 platforms
  • reviewing the privacy profiles of websites and mobile apps;
  • cataloging and evaluating the privacy characteristics and risks associated with third party hosted solutions, advertisers, and analytics companies
  • using specialized software and tools to understand the tracking implications of local storage
  • conducting cookie audits
  • providing advice on offensive and defensive cybersecurity measures

Because privacy and security matters often relate directly to a company's industry-specific, core business model or threat landscape, Mr. Roosa actively partners with Holland & Knight's national caliber attorneys and professionals in the following areas:

  •  intellectual property
  • energy
  • venture capital funding
  • legislative affairs
  • mergers and acquisitions
  • healthcare and life sciences
  • crisis communications
  • financial services industry

In the courtroom, Mr. Roosa represents a diverse array of companies in matters relating to consumer protection, online defamation, commercial disputes, and state and federal administrative law. He also works extensively on defending putative class actions involving Flash cookies and has been instrumental in obtaining voluntary dismissals for three large clients in these recent proceedings.

Typical clients include Fortune 500 corporations, privately held companies, large retailers, technology companies and nonprofit entities.

Mr. Roosa is the co-author of "Trust Darknet: Control and Compromise in the Internet's Certificate Authority Model," appearing in the May 2013 issue of the IEEE's Internet Computing. He is also a regular contributor to Holland & Knight's Privacy Blog.

 

Experience
Privacy-Related Class Action Litigation Defense and Regulatory Defense: represented companies in relation to FTC inquiries, Civil Investigative Demands (CIDs), subpoenas and investigations

Privacy-Related Class Action Litigation Defense and Regulatory Defense: represented companies in litigation resulting from data breach and security incidents

Privacy-Related Class Action Litigation Defense and Regulatory Defense: represented companies in relation to state attorneys general inquiries, Civil Investigative Demands (CIDs), subpoenas and investigations

Privacy-Related Class Action Litigation Defense and Regulatory Defense: represented mobile app companies in relation to privacy-related class action

Technical and Specialized Engagements: for large communications company, conducted quarterly website reviews, analyzing network traffic and assist in developing controls and revising disclosures

Technical and Specialized Engagements: for numerous companies including mobile app developers, conducted deep-dive mobile app privacy reviews, analyzing network traffic and assisted in developing controls and disclosures

Privacy-Related Class Action Litigation Defense and Regulatory Defense: represented several companies in class action litigation related to the use of cookies and flash cookies General Compliance and Corporate Governance: provided advice to large retailers with respect to geo-fencing projects

General Compliance and Corporate Governance: provided strategic advice and counsel on local, national and international privacy and data protection and data transfer laws for numerous companies

Contracting and Due Diligence: for numerous companies, negotiated service level agreements in a range of privacy and security-related circumstances, including those related to data centers,  cloud computing services, IT outsourcing and PCI-DSS compliance

General Compliance and Corporate Governance: assisted numerous companies in drafting,

design and implementation of internal company policies, including information security, data and records management and retention, data classification and handling, device management and Bring Your Own Device policies, codes of conduct, white papers, marketing materials, vendor white lists and internal policies on Internet tracking

General Compliance and Corporate Governance: provided counseling for large communication provider, software companies and mobile app developers with respect to issues pertaining to security, encryption and authentication

General Compliance and Corporate Governance: provided advice to numerous companies with respect to the use of geo-location information

General Compliance and Corporate Governance: developed privacy training programs

 

Honors & Awards
Outstanding Lawyer, Nightingale's Healthcare News, 2009 Top 40 Under 40, New Jersey Law Journal, 2008

 

Publications
The Most Important Issue Involving Superfish Isn’t Superfish, Holland & Knight Privacy Blog, February 26, 2015

Lab Tuesday - How Not to Use iOS’s Identifier for Advertising (IDFA/IFA), Holland & Knight Privacy Blog, February 10, 2015

BBB Issues OBA Warning: What You Should Know and What to Do About It, Holland & Knight Privacy Blog, December 19, 2014

EU Cookie Sweep Initiative, Holland & Knight Privacy Blog, September 23, 2014

Why Are Companies Getting Sued Under the Video Privacy Protection Act?, Holland & Knight Alert, September 16, 2014

Why Are Companies Getting Sued Under the Video Privacy Protection Act?, September 16, 2014 Getting to the Real Issue on the Senate Subcommittee's Advertising Report, Holland & Knight Privacy Blog, May 15, 2014

Getting a Handle on VPPA Risk - A Data Driven Approach, Holland & Knight Privacy Blog, May 12, 2014

FTC Changes COPPA FAQ to Provide New Guidance on Consent and Data Collection in Educational Settings, Holland & Knight Privacy Blog, April 24, 2014

More Permissive Standard for Standing in Plaintiffs' Data Breach Suits, Holland & Knight Privacy Blog, April 23, 2014

FTC Provides Guidance on Obtaining Parental Consent under COPPA, Holland & Knight Privacy Blog, April 14, 2014

Heartbleed - A Picture is Worth a Thousand Words, Holland & Knight Privacy Blog, April 11, 2014 Heartbleed SSL/TLS Vulnerability, Holland & Knight Privacy Blog, April 10, 2014

Three Important TCPA Developments, Holland & Knight Privacy Blog, April 10, 2014

How Much Does Cybercrime Threaten Latin American Companies?, Inter-American Dialogue Financial Services Advisor, March 20-April 2, 2014

Where the Real Danger Lies: Media Focuses on a Real Concern But Misses the Key Point on "Flashlight Free" FTC Settlement, Holland & Knight Privacy Blog, December 9, 2013

The New COPPA FAQ's Clarify "Actual Notice" and the Responsibilities of 3rd Parties, Holland & Knight Privacy Blog, July 26, 2013

The FTC’s HTC Action: The Most Significant FTC Case in 5 Years, Co-Author, Holland & Knight Privacy Blog, March 1, 2013

Nothing Personal: Multiple Mobile Best Practices, and the Many Changing Faces of Personal Information, Co-Author, Holland & Knight Privacy Blog, February 19, 2013

Mobile App Privacy: The Hidden Risks, Co-Author, Practical Law Company, January 31, 2013 A Critical Appraisal of California AG’s "Privacy to Go" Best Practices for Mobile Apps, Holland & Knight Privacy Blog, January 14, 2013

The New COPPA Rule Announced Today: Big Changes Handed Down by the FTC, Co-Author,

Holland & Knight Privacy Blog, December 19, 2012

The Center for Digital Democracy Urges FTC to File Complaint Against Mobbles, Holland & Knight Privacy Blog, December 12, 2012

FTC Announces COPPA Enforcement Campaign with Second Report on Kids' Apps, Holland & Knight Privacy Blog, December 10, 2012

The NSA and Cybersecurity, Holland & Knight Privacy Blog, December 5, 2012

Study Criticizing Android Apps Was Pretty Lame, Co-Author, Law360, December 3, 2012

Safe Prediction for 2013: Significant Expansion of Mobile App Regulation (FDA and COPPA), Co- Author, Holland & Knight Privacy Blog, November 28, 2012

Tough Cop at the FTC: Commissioner Brill Gives Insight On COPPA Rule and Enforcement,

Holland & Knight Privacy Blog, November 21, 2012

Privacy Candy From Apple, Holland & Knight Privacy Blog, November 19, 2012

FTC Publishes New Privacy Guidelines for Mobile Apps, Co-Author, Holland & Knight Digital Technology & E-Commerce Blog, November 15, 2012

Insights From A Scandal: The Fundamentals Of On-Line Security And Privacy, Holland & Knight Privacy Blog, November 14, 2012

Study Criticizing Android Apps Was, Well, Pretty Lame, Holland & Knight Privacy Blog, November 12, 2012

Think You Won’t be Covered by the New COPPA Rule? Think Again!, Holland & Knight Privacy Blog, November 9, 2012

Corporate Privacy Compliance Becomes More Tech-Focused, Holland & Knight Privacy Blog, November 5, 2012

Complying with the California Attorney General's Statement on Mobile Apps: Don't Rely on Website Privacy Policies, Holland & Knight Alert, November 2, 2012

Complying with the California Attorney General's Statement on Mobile Apps, Holland & Knight Privacy Blog, November 2, 2012

Privacy and Security in Mobile Apps, the Cloud, and the Internet of Things: The Role of In-House Counsel in Mitigating New Class Action and Regulatory Risks, Co-Author, October 1, 2012

COPPA May Now Apply to You: FTC Proposes Additional Revisions to Children's Online Privacy Protection Rule and Seeks Public Comment, Holland & Knight Alert, August 9, 2012

The New Corporate Approach To Privacy Compliance, Co-Author, Law360, July 31, 2012

SSL Hacked: 2011 Proved That The Enterprise Can't Rely On Encrypted Communications; But Corporate Counsel Can Champion a Fix, Corporate Counsel, law.com, September 28, 2011

Information Security and Privacy: A Practical Guide for Global Executives, Lawyers, and Technologists, Science and Technology Law Section, American Bar Association, February 17, 2011

The Flawed Legal Architecture of the Certificate Authority Trust Model, Freedom to Tinker Blog, December 15, 2010

The Devil Is in the Indemnity Agreements: A Critique of the Certificate Authority Trust Model's Putative Legal Foundation, Presentation to the Center for Information Technology Policy at Princeton University, December 9, 2010

The 'Certificate Authority' Trust Model for SSL: A Defective Foundation for Encrypted Web Traffic and a Legal Quagmire, Intellectual Property & Technology Law Journal, Vol. 22, No. 11, November 2010

Encryption Is Not Enough: Why It's Time for General Counsel to Weigh In on Authentication Practices Associated With Secure Communications, e-Commerce Law Report, Vol. 12, Issue 11, West Publications, November 2010

The Next Generation of Artificial Intelligence in Light of In re Bilski, The Intellectual Property & Technology Law Journal, Vol. 21, No. 3, March 2009

 

Speaking Engagements
Mobile Apps and Network-Aware Devices: Legal Exposure in the Collection of Data and What to Do About It, AdvaMed Webinar, November 4, 2014

IP Trademark, Copyright & Licensing Counsel Forum, Cyber Security Risks that Threaten Corporate Intellectual Property and Client Confidentiality, October 28-29, 2014

Financial Services IT – Avoidance of Risks, Information Security Issues, Practising Law Institute, May 21, 2014

IP Trademark, Copyright & Licensing Counsel Forum, Moderator, Mobile Apps and Privacy: The Hidden Risks, October 22, 2013

Compromise and Control at the Perimeter of the Network: Online Trust, Mobile Security and Mitigating Risk in Mergers and Acquisitions, Moderator, North Virginia Technology Council General Counsel Committee Event, June 7, 2013

How to Prepare for New Corporate Cybersecurity Risks, Holland & Knight Webinar, May 15, 2013 Mobile Privacy and Security, The Current Regulatory Landscape and New Risk Threat Model, April 16, 2013

Mobile Privacy and Monetization: Risks and Opportunities in the Era of Networked Data, L2 Blog Social CRM Clinic, April 4, 2013

Data Security and Data Breaches: How to Avoid an Attack and Be Prepared When One Strikes & Observations from a Fortune 500 General Counsel, ACC and Holland & Knight Panel, March 20, 2013

COPPA Boot Camp - Practical Steps Towards Compliance, January 28, 2013

Privacy and Security in Mobile Apps, the Cloud, and the Internet of Things: The Role of In-House Counsel In Mitigating New Risks, Association of Corporate Counsel, Northeast Chapter, October 3, 2012

Mobile Security & Privacy Best Practices, Online Trust Alliance's Forum, October 1-4, 2012

 

Education
Rutgers University School of Law-Camden, J.D. Cornell University, B.A.


Bar Admissions
New Jersey New York

District of Columbia


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

Publications

  • Follow up to Beyond Borders: The Reach of Motorola Mobility LLC v. AU Optronics Corp., Holland
  • & Knight Digital Technology and E-Commerce Blog, January 6, 2015
  • Subscriber Does Not Have Fourth Amendment Privacy Interest in Own IP Data, Holland & Knight Digital Technology & E-Commerce Blog, December 15, 2014
  • Trolls Under the Bridge: FTC Proposes Settlement with Patent Assertion Entity, Holland & Knight Digital Technology & E-Commerce Blog, November 17, 2014
  • Beyond Borders: The Power to Block the International Flow of Digital Files, Digital Technology & E-Commerce Blog, November 3, 2014
  • How Have Courts Interpreted the Recent Guidance of the Supreme Court on When to Afford Attorneys’ Fees Under the Patent Act?, Digital Technology & E-Commerce Blog, October 27, 2014
  • Beyond Borders: The Reach of Motorola Mobility LLC v. AU Optronics Corp. et al., Digital Technology & E-Commerce Blog, October 21, 2014
  • “Look and Feel” of a Website can Constitute Protectable Trade Dress, Digital Technology and E- Commerce Blog, October 15, 2014
  • Down the Rabbit Hole – The Impact of Alice on Software Patents, Digital Technology & E- Commerce Blog, October 10, 2014
  • Is a LinkedIn Contact List a Trade Secret? Potentially, Yes., Digital Technology & E-Commerce Blog, September 26, 2014
  • Affiliate Marketer Can Survive Motion to Dismiss on Breach of Contract for Referrals, Digital Technology and E-Commerce Blog, September 22, 2014
  • Fake Affiliate Registrations Can Trigger RICO Claims, Digital Technology & E-Commerce Blog, August 26, 2014
  • Clicking “I Agree” Renders Mandatory Arbitration Provision Enforceable, Digital Technology & E- Commerce Blog, August 4, 2014
  • Creating Fake Customer Reviews Site Could Be False Advertising and Trade Libel, Holland & Knight Digital Technology & E-Commerce Blog, July 24, 2014
  • Reviews Posted Under a Pseudonym Could be Defamatory, Holland & Knight Digital Technology and E-Commerce Blog, July 16, 2014
  • Message Board Post Highly Critical of Company is Opinion and Thus Not Defamatory, Digital Technology & E-Commerce Blog, July 15, 2014
  • Sixth Circuit Vacates Lower Court Judgment and Awards Website Operator Immunity, Holland & Knight Digital Technology & E-Commerce Blog, June 23, 2014
  • Virginia Supreme Court Agrees to Hear Appeal in Yelp Users Defamation Case, Holland & Knight Digital Technology & E-Commerce Blog, June 17, 2014
  • Cyber Attacks: Prevention and Proactive Responses, Co-Author, Practical Law, June 2014 Pejorative Statements by Former Patient are not Defamatory, but Protected Opinion, Holland & Knight Digital Technology & E-Commerce Blog, May 29, 2014
  • LabMD Attempt to Overturn FTC Decision Declared an Unripe Claim, Holland & Knight Digital Technology and E-Commerce Blog, May 27, 2014
  • The CFAA Does Not Apply to Facebook Photo Theft, Holland & Knight Digital Technology and E-Commerce Blog, May 15, 2014
  • "Deliberate Ignorance" Sufficient Mens Rea for Criminal Conviction under DMCA, Holland & Knight Digital Technology & E-Commerce Blog, April 10, 2014
  • Rightsourcing: Seeking a Balance Between Insourcing and Outsourcing, Practical Law The Journal, April 2014
  • Online Product Management Beyond DMCA Safe Harbor, Holland & Knight Digital Technology & E-Commerce Blog, March 24, 2014
  • Manipulating User Postings Removes Service Provider from CDA Immunity, Holland & Knight Digital Technology & E-Commerce Blog, March 21, 2014
  • CIOs Need to Bone Up on Robotics Regulations, Co-Author, The Wall Street Journal, CIO Journal, March 17, 2014
  • CIO Responsibility for Social Media, Co-Author, The Wall Street Journal, CIO Journal, February 20, 2014
  • Willful Fair Credit Reporting Act Violation Confers Article III Standing, Holland & Knight Digital Technology & E-Commerce Blog, February 18, 2014
  • Domain Name Squatting to Gain Leverage Can Trigger "Bad Faith Intent" in an ACPA Claim, Holland & Knight Digital Technology & E-Commerce Blog, January 31, 2014
  • Unwinding Technology Obligations When Strategic Alliances Falter, Co-Author, The Wall Street Journal, CIO Journal, January 28, 2014
  • Nurse Using Abusive Language Toward Hospital Administrator on Facebook Justifies Firing, Holland & Knight Digital Technology & E-Commerce Blog, January 17, 2014
  • Website Operator Permitted to Revoke Access of Previously Authorized User Under the Computer Fraud and Abuse Act, Holland & Knight Digital Technology & E-Commerce Blog, January 6, 2014
  • Avoiding System Failure for Complex Software Projects, Co-Author, The Wall Street Journal, CIO Journal, January 6, 2014
  • How Banking CIOs Can Meet Third-Party Vendor Requirements, Co-Author, The Wall Street Journal, CIO Journal, December 16, 2013
  • Disputed Facebook Post Can Justify a Firing And Is Not Pretextual, Holland & Knight Digital Technology and E-Commerce Blog, December 3, 2013
  • How CIOs Can Avoid Outsourcing Risk, Co-Author, The Wall Street Journal, CIO Journal, November 25, 2013
  • First Amendment Does Not Prevent State From Firing Employee For Derogatory Facebook Comments, Holland & Knight Digital Technology & E-Commerce Blog, November 15, 2013
  • Hyperlinking Within an Online Article Could Immunize the Speaker Against a Defamation Claim, Holland & Knight Digital Technology & E-Commerce Blog, November 5, 2013
  • Facebook User Voluntarily Shared Image; Cannot Claim "Reasonable Expectation of Privacy" under Fourth Amendment, Holland & Knight Digital Technology & E-Commerce Blog, October 24, 2013
  • Angry Facebook Posts and Tweets by Passenger about an Airport Employee Considered Expression of Frustration and Therefore not Defamatory, Holland & Knight Digital Technology & E- Commerce Blog, October 15, 2013
  • Update on the Facebook Case Involving Alleged Misappropriation of User Likenesses, Holland & Knight Digital Technology & E-Commerce Blog, September 24, 2013
  • Serving Process, User Harassment and Misappropriation of User Likenesses: A Review of Recent Cases Involving Facebook, Holland & Knight Digital Technology & E-Commerce Blog, September 17, 2013
  • Website Operator Permitted to Revoke Access of Previously Authorized User Under the Computer Fraud and Abuse Act, Holland & Knight Digital Technology & E-Commerce Blog, August 28, 2013
  • Choosing a Specific Domain Name and Adding Commentary to Defamatory Posts Causes Host to Lose §230 Immunity, Holland & Knight Digital Technology & E-Commerce Blog, August 15, 2013
  • Online Marketer That Allegedly Used Fake News Sites to Promote Products May Not Be Protected by CDA Immunity, Holland & Knight Digital Technology & E-Commerce Blog, June 27, 2013
  • App Developer Settles FCRA Charges Over Provision of Criminal Background Reports, Digital Technology & E-Commerce Blog, May 23, 2013
  • The Interplay Between Digital Media and the First Sale Doctrine, Holland & Knight Digital Technology & E-Commerce Blog, April 3, 2013
  • Court Finds Improper Joinder of Defendants in Same BitTorrent Swarm, Holland & Knight Digital Technology & E-Commerce Blog, March 19, 2013
  • Intellectual Property Legal Developments 2011-2012: The Year in Review, Media Law and Policy Journal, Volume 20, Number II, page 143 - 156, Spring 2013
  • Technology Law in the Digital Age: Current Developments, Media Law and Policy Journal, Volume 20, Number II, page 239 - 268, Spring 2013
  • ABA Releases Opinion on Judges' Use of Social Media, Holland & Knight Digital Technology & E- Commerce Blog, February 27, 2013
  • Courts Attempt to Reign in Social Media Use by Jurors, Holland & Knight Digital Technology & E- Commerce Blog, February 4, 2013
  • Mobile App Privacy: The Hidden Risks, Co-Author, Practical Law Company, January 31, 2013 FFIEC Issues Proposed Guidance on Social Media Risks and Compliance, Holland & Knight Digital Technology & E-Commerce Blog, January 25, 2013
  • Confidentiality and Invention Assignment Agreements Enforceable Against Former Employee, Holland & Knight Digital Technology & E-Commerce Blog, January 14, 2013
  • FTC Opens Study into Data Broker Industry, Holland & Knight Digital Technology & E-Commerce Blog, December 20, 2012
  • Hyperlinks Do Not Republish Alleged Defamatory Material, Holland & Knight Digital Technology & E-Commerce Blog, December 5, 2012
  • FTC Publishes New Privacy Guidelines for Mobile Apps, Co-Author, Holland & Knight Digital Technology & E-Commerce Blog, November 15, 2012
  • Enforceability of Clickwrap Agreement Called into Question - Checklist for Best Practices in Electronic Contracting, Holland & Knight Digital Technology & E-Commerce Blog, November 7, 2012
  • Open Source Software: Fifteen Steps to Avoid a Software Disaster, Holland & Knight Digital Technology & E-Commerce Blog, September 24, 2012
  • Travel Website Rankings of "Dirtiest Hotels" Based on User-Generated Content May Be Flawed, But Are Not Defamatory As a Matter of Law, Holland & Knight Digital Technology & E-Commerce Blog, September 14, 2012
  • Multi-Sourcing: An Emerging Model for Risk Avoidance, Holland & Knight Digital Technology & E- Commerce Blog, August 27, 2012
  • FFIEC Releases Statement on Cloud Computing Risks and Considerations, Holland & Knight Digital Technology & E-Commerce Blog, August 15, 2012
  • Cyber Attacks: Prevention and Proactive Responses, Co-Author, Practical Law The Journal, March 2012
  • Federal Circuit Affirms ITC Determination Over Imported Goods Tied to Trade Secret Misappropriation, Holland & Knight Digital Technology & E-Commerce Blog, February 10, 2012
  • Content Owners Seek Recovery From Online Service Providers, Holland & Knight Digital Technology & E-Commerce Blog, December 19, 2011
  • Cyber Attacks: Prevention and Proactive Responses, Co-Author, Practical Law Company, November 2011
  • 'Friend Finder' Lawsuit Dismissed, Holland & Knight Digital Technology & E-Commerce Blog, November 3, 2011
  • Cybersecurity and the Growing Role of Chief Compliance Officer, Holland & Knight Digital Technology & E-Commerce Blog, September 22, 2011
  • Software License Disputes: Managing the Inherent Risks, Practical Law Company, September 2011
  • Keyword Advertising and Trademark Infringement, New York Law Journal, July 2011
  • Second Circuit Rules Banks' 'Hot News' Claims Preempted by Copyright, Holland & Knight Digital Technology & E-Commerce Blog, June 30, 2011
  • Keeping Company Trade Secrets Confidential, New York Law Journal, June 2011
  • Patent Filing of Confidential Method Destroys Trade Secret Status, Holland & Knight Digital Technology & E-Commerce Blog, May 11, 2011
  • Settlement Licenses and Reasonable Royalties, New York Law Journal, May 2011 Emerging Issues in Mobile Marketing, New York Law Journal, April 2011
  • New York's Highest Court Issues Important Jurisdictional Ruling for Copyright Holders, Holland & Knight Digital Technology & E-Commerce Blog, April 1, 2011
  • How the UCC Is Applied to Software Contracts, New York Law Journal, March 2011
  • Open-Source Software Use and Compliance, Digital Technology & E-Commerce Blog, February 28, 2011
  • The UCC and Software Contracts: Recent Developments, Holland & Knight Digital Technology & E-Commerce Blog, February 18, 2011
  • Closing the Profit Motive in the CAN-SPAM Act, New York Law Journal, February 2011 Open-Source Software Use and Compliance, Practical Law Company, February 2011 Process Patents in the Wake of 'Bilski', New York Law Journal, January 2011
  • State and City Bar Issue Notable Ethical Opinions on Social Network Data, Holland & Knight Digital Technology & E-Commerce Blog, November 16, 2010
  • Developments in Online Behavioral Advertising, New York Law Journal, June 8, 2010
  • 'Hot News' Doctrine Back in the News, Holland & Knight Digital Technology & E-Commerce Blog, April 19, 2010
  • Cloud Computing: Important Lessons from Outsourcing, Bloomberg Law Reports, February 8, 2010 New Developments In Patent Licensing, New York Law Journal, November 10, 2009
  • A Practical Look at Social Media Policies, Bloomberg Law Report-Technology Law, October 8, 2009
  • Technology-Related Initiatives in the New U.S. Administration, Convergence, October 1, 2009 It Always Pays to Read the Fine Print, Supply Chain Management Review, August 2009
  • Web Servers and Applications Are Increasingly Vulnerable to Attack, New York Law Journal, July 14, 2009
  • New Economy as a Driver to Renegotiate Outsourcing Deals, Supply Chain Management Review, June 10, 2009
  • The Effects of Blogging on Legal Proceedings, New York Law Journal, May 12, 2009 Court Applies Hot News Doctrine to Online World, New York Law Journal, April 14, 2009
  • Merchant Liability and Breaches In Payment Card Security Standards, New York Law Journal, March 10, 2009
  • Data Breaches in Credit Card Transactions, New York Law Journal, March 2009 Technology Initiatives In the New Administration, New York Law Journal, February 10, 2009 Renegotiation of Outsourcing Deals: Structured Method Works Best, New York Law Journal, January 13, 2009
  • Intellectual Property Issues in Asset-Based Lending, New York Law Journal, December 2008 Digital Rights Managing, Content Identifying Via Hi-Tech, New York Law Journal, November 12, 2008
  • Video-Sharing Web Sites and the DMCA Safe Harbor, New York Law Journal, October 14, 2008 'Tiffany v. eBay': Online Contributory Trademark Breach, New York Law Journal, September 10, 2008
  • Developments Involving Telephone Consumer Protection, New York Law Journal, August 12, 2008 Intellectual Property Licensing: Forms and Analysis, Author of treatise updated twice annually, Law Journal Press, 2001-2009
  • Emerging Technologies and the Law: Forms and Analysis, Author of two volume treatise updated twice annually , Law Journal Press, 1993-2009
  • Computer Law: Drafting and Negotiating Forms and Agreements, Author of two volume treatise updated twice annually, Law Journal Press, 1984-2009
  • Don't Rush to Court When Your Computer Fails, Harvard Business Review, 1984 Computer Law, Co-author of monthly column, New York Law Journal, 1981-Present Manager Involvement Needed in Computer Selection, Harvard Business Review, 1981 Of Computers and the Law, The New York Times, September 14, 1980

Speaking Engagements

  • Global Compliance & Risk Management Conference and Exhibition, Why Is Risk Management Getting So Much Attention? Panel, The Global Outsourcing Association of Lawyers, Washington, D.C., November 13, 2014
  • IP Trademark, Copyright & Licensing Counsel Forum, Program Co-Chair, Strategic Alliances - Ownership of IP and Data, October 28-29, 2014
  • Financial Services IT – Avoidance of Risks, Risks of Social Media, Speaker and Program Chair, Practising Law Institute, May 21, 2014
  • Ethics in Social Media 2014, Practising Law Institute, March 17, 2014
  • Financial Services IT - Avoidance of Risks, Practising Law Institute, March 12, 2014 IP Trademark, Copyright & Licensing Counsel Forum, Co-Chair, October 22, 2013
  • Insourcing v. Outsourcing - The Pendulum Swings and How to Avoid Risk, Holland & Knight Program, October 8, 2013
  • How to Prepare for New Corporate Cybersecurity Risks, Holland & Knight Webinar, May 15, 2013 Trademark, Copyright and Licensing Forum, ALM Forum, October 24, 2012
  • Multi-Sourcing High-Risk Avoidance, Holland & Knight Program, October 16, 2012 Internet Rights, New York City Bar Association, October 9, 2012
  • The Future of Computer Tablets, MIT Enterprise Forum, September 12, 2012
  • How to Resolve Critical Software License Disputes 2012, Practising Law Institute, June 27, 2012 Authentication of Social Media Evidence, ALM Webinar, June 5, 2012
  • Open Source Software – Risks, Use and Compliance, Practical Law Company Webinar, February 22, 2012
  • Resolving Intellectual Property Licensing Disputes: The Better Way?, Licensing Executives Society NYC Chapter Meeting, January 19, 2012
  • The Cyber Attack and Hacking Epidemic - A Legal and Business Survival Guide, Practising Law Institute, San Francisco, CA, January 9, 2012
  • How to Resolve Critical Software License Disputes 2012, Practising Law Institute, January 9, 2012 Ethics in Social Media, Holland & Knight Breakfast Briefing, October 12, 2011
  • IP Trademark, Copyright & Licensing Counsel Forum, an ALM/Corporate Counsel event, The Harvard Club, NYC, September 14-15, 2011
  • Procurement Management: The Secret Weapon to Drive Profitability, May 17, 2011 When Good Software Licenses Go Bad, ALM webinar, April 5, 2011
  • New Energy New York Tech Valley Energy Forum, Photovoltaics: How to Identify Investors and Funding Sources, February 24, 2011
  • Protecting Your Brand: Trademark Litigation for Increasing Profits, January 26, 2011
  • Patent Protection Update: Software and Financial Method Patents, New York Technology Council, New York, NY, January 18, 2011
  • Association of Corporate Counsel (ACC) Annual Meeting, Reducing Risk for Your Company Through Cloud Computing, October 24, 2010
  • Internet Rights & Technology: A Practical Legal Guide to Doing Business on the Internet, Chair, September 28, 2010
  • There is an App for that: The Future of the Mobile App Store, September 23, 2010
  • Improving a Company's Profitability -- Monetizing Patents and Financing Commercial Litigation, September 21, 2010
  • Intellectual Property Trademark, Copyright & Licensing Counsel Forum, an ALM/Corporate Counsel Event, Chair, September 14, 2010
  • Health Information Exchanges: Minimizing Legal Risks and Liabilities, Strafford Legal Seminars, August 12, 2010
  • When Good Licenses Go Bad, Holland & Knight Webinar, June 22, 2010
  • Internal Investigations: Managing the Downside, Holland & Knight Client Presentation, February 23, 2010
  • Electronic Health Records and Health Information Exchanges: Can the Future Become Reality?, ABA Annual Conference on Emerging Issues in Healthcare Law, Phoenix, Arizona, February 2010
  • Raising Capital: What's New and Different, December 8, 2009 Outsourcing: Mitigating Risks, September 16, 2009
  • Hot Topics in Technology Law NYC, June 3, 2009
  • IP Licensing Counsel Update, Co-Chair, International Trademark Licensing, May 6, 2009 E-Discovery Issues, New York State Bar Association, New York, January 2009 Outsourcing Structures, LawLine Seminars, New York, December 2008
  • Internet Legal Issues, Portland Bar Association, Portland, Oregon, September 2008 International Outsourcing, Sourcing Interests Group, Las Vegas, Nevada, September 2008

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


Brian Finch is a partner in the law firm’s Public Policy practice and is based in Pillsbury’s Washington, DC office. Named by Washingtonian magazine in 2011 as one of the top 40 federal lobbyists under the age of 40 and by Law360 as one of its “Rising Stars” in Privacy Law in 2014, Brian is a recognized authority on global security matters. He specializes in counseling on regulatory and government affairs issues involving the Department of Homeland Security, Congress, the Department of Defense, and other federal agencies. Brian in particular focuses his practice on assisting clients with matters involving cyber security, national defense and intelligence policies, homeland security concerns, and in general providing proactive advice to mitigate liability in the event of a significant security incident.

Areas of Concentration

Brian is a leading authority on the SAFETY Act, a federal statute that can provide liability protection to companies following a terrorist or cyber attack. He has helped prepare over 100 applications for such protections, including for services and technologies such as security guards and vulnerability assessments to software programs and security screening devices. He also testified twice before the U.S. Congress on matters related to the SAFETY Act, and writes regularly about its practical application for business.

Brian is recognized as a leading legal authority on matters related to cyber security, including the legal and policy challenges associated with the consequences of companies suffering a cyber attack, as well as the steps that can be taken to help mitigate the risk of attack as well as post-event litigation.

Brian also regularly advocates on behalf of companies seeking to ensure that federal agencies have sufficient funding for contract vehicles in which they participate.
Brian has represented a wide variety of clients on security matters, including Major League Baseball, FireEye, Inc,, the American Gas Association, the American Public Power Association, the Edison Electric Institute, the National Rural Electric Cooperative Association, Honeywell International, L-3 Communications, Emgerent BioSolutions, Washington Gas, Brookfield Office Properties, G4S, and McAfee Inc.

Background

Prior to joining Pillsbury, Brian practiced with two Washington, DC law firms and worked as a legal intern with the Office of Chief Counsel of the Drug Enforcement Administration, U.S. Department of Justice.

Professional Activities

Brian is a senior advisor to the Homeland Security and Defense Council, serves the National Center for Spectator Sports Safety and Security’s advisory board, and as an inaugural Senior Fellow at George Washington University’s Homeland Security Policy Institute. Brian is a professorial lecturer in law at The George Washington University Law School, where he co-teaches homeland security law and policy.

Brian regularly speaks and writes on security issues. He has cyber security blog on The Huffington Post, a regular cyber security column on the Fox Business website, and appears regularly on cable news as a security expert. He also has authored or co-authored articles for the Wall Street Journal, Politico, The Hill, National Journal, The Washington Times, and other publications.

Honors & Awards
  • Law360 – Rising Stars, April 2014
  • Washingtonian 40 Lobbyists Under 40, March 2011
Speaking Engagements

Information Security Issues, Practising Law Institute Financial Services IT 2014: Avoidance of Risk Seminar, May 21, 2014

Cybersecurity: Progress and Challenges to Keep Your Co-Op Safe, National Rural Electric Cooperative Association Legal Seminar 54, May 20-21, 2014

Cultivating Ethics: Mitigation Vulnerability to Cyber and Data Security Threats in Order to Maintain Client Confidentiality, Virtual LegalTech, May 15, 2014

Insight on Cyber Security Strategies, Cyber Security and Countering Corporate Espionage Symposium, May 1, 2014

Surviving the Cyber Tsunami: Cybersecurity Worries and Opportunities for Security Contractors, 2014

Security Industry Association Education@International Security Conference and Exposition West, April 2, 2014


Dennis Conley, Managing Partner, Transition Partners

Mr. Conley is a managing partner with Transition Partners, a management consultancy headquartered in Reston, Virginia. He is a senior business and information technology executive and transformation leader with over 20 years of broad corporate and consulting experience. His extensive background and experience covers such areas as mergers and acquisitions, outsourcing, business development, technology management, organization development, business and strategic planning, and leadership training. Recently, he has been providing strategic advice for multiple merger and acquisition activities. He has directed over dozens of business process and information technology sourcing transactions valued in range from $1 million to over $250 million per year.


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.


Robert M. Finkel
Partner

Robert Finkel is a partner in the Corporate Practice Group and a member of the FinTech Group. Mr. Finkel has more than 20 years of experience in private practice representing leading international corporations and financial institutions in complex commercial transactions with a particular focus on technology and outsourcing. Over the course of his career, he has represented clients in over 100 major outsourcing transactions, across a wide variety of industries and types of transactions.

Mr. Finkel has for many years been a Band 1 Chambers Global and Chambers USA ranked lawyer in the areas of Outsourcing (Global and Nationwide) and Technology (New York). He is one of only a handful of lawyers worldwide to have a Band 1 ranking in the Chambers Global USA and Chambers USA Nationwide and New York categories. Mr. Finkel is widely regarded by outside observers as being one of the leaders in the profession and has been described "as an impressively active practitioner with a sense of gravitas" and one "who gives excellent strategic, business-focused advice." In addition, his "understanding of our company and the nuances of our business is magnificent," commented a client in 2013 for a major legal directory publication.

Practice

Mr. Finkel has extensive knowledge in structuring and negotiating outsourcing transactions and other complex technology and service arrangements. Mr. Finkel’s practice also encompasses mergers and acquisitions, joint ventures and strategic alliances, and software and technology licensing. His clients have included many of the leading domestic and international corporations and financial institutions. Mr. Finkel has published on a broad range of corporate, outsourcing and technology issues in such publications as the M&A Lawyer, the Computer Lawyer, Cyberspace Lawyer, the Journal of Internet Law, Intellectual Property Today, E-Commerce Adviser, Global eCommerce, Director’s Monthly and the National Law Journal, among others.

Honors & Awards

Consistently recognized as a Band 1 ranked attorney by Chambers USA: America's Leading Lawyers for Business for his nationwide outsourcing and New York technology and outsourcing practices

Ranked in Band 1 for outsourcing by Chambers Global: The World's Leading Lawyers for Business 2012, 2013 and 2014, which desribed him as "a leader in the outsourcing industry [who is] enormously respected." A source was also quoted saying "his understanding of our company and the nuances of our business is magnificent."

Recognized as a "fantastic outsourcing lawyer" by The Legal 500 US in the technology: outsourcing category. In the 2013 edition, a source stated that "he is very knowledgeable and always achieves an appropriate balance between legal requirements and business drivers."

Consistently ranked by Who’s Who in American Law for his technology and outsourcing practice

Named by LawDragon as one of the leading lawyers in the US, and recognized as an elite leading lawyer by LawDragon 3000 (previously known as ‘The Finalist’)

Recognized by Euromoney as one of the leading lawyers in both IT and media

Chosen by peers and through independent research as a "New York Super Lawyer" from 2006 through 2013

Professional Activities

Mr. Finkel is a recent member of the Stanford Law School Board of Visitors. He is an adjunct professor at New York Law School, where for the past several years he has instructed an advanced seminar course on Corporate Governance. Prior to attending law school, Mr. Finkel served as an aide to the late United States Senator from New York, Daniel Patrick Moynihan.

Practice Area

  • Transactional
    • Corporate
    • Technology Transactions and Licensing
    • Outsourcing

Education

JD, Stanford University, 1987
MA, International Affairs, Columbia University, 1988
BA, magna cum laude, University of Pennsylvania, 1981

Bar Admissions

New York


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.


Ajay Ayyappan is the Deputy General Counsel of ExlService Holdings, Inc. (Nasdaq:EXLS). EXL is a leading provider of outsourcing and transformation services. EXL primarily serves the needs of Global 1000 companies from global delivery centers in the insurance, healthcare, utilities, banking and financial services, transportation and logistics and travel sectors.


John Gliedman is in-house counsel with Buck Consultants. Buck Consultants is a 96-year old advisor to industry and finance in the area of benefits consulting, which includes corporate HR intranet portals. John manages Buck's legal matters.


Jonathan A. Damon is an Associate General Counsel at MetLife, heading up the Intellectual Property and Global Technology Unit. He is responsible for overseeing the legal aspects of the intellectual property portfolio of MetLife and its affiliates. In addition, he assists MetLife’s Global Tech and Ops group with the implementation of enterprise-wide platforms and systems. Prior to joining MetLife in 2012, Jon was a partner at Dewey & LeBoeuf, LLP in its IP/IT Department. Jon holds a J.D. from Columbia School of Law and a B.A. from Amherst College.


Robin French is currently Senior Counsel to KPMG International Cooperative, the coordinating firm of the worldwide KPMG network. Ms. French, a graduate of the University of Michigan Law School, began her career as a corporate associate at Cahill, Gordon and Reindel and was Assistant General Counsel at Scholastic, Inc, the children’s book publisher. Her areas of practice include global agreements for various services including technology, intellectual property, and general corporate advice, utilized by the 155 member firms and over 150,000 employees in the KPMG network.