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Social Media 2015: Addressing Corporate Risks


Speaker(s): Christine E. Lyon, Debbie Rosenbaum, Dr. Lothar Determann, Elliott Peters, Eric Goldman, Gabriel T. Martinez, Joanne McNabb, John F. Delaney, Karmen Parhar, Laura D. Berger, Mark Bisard, Nathan Wildermann, Sharon Williamson, Simon J. Frankel, Thomas M. Selman, Tsan Abrahamson
Recorded on: Feb. 10, 2015
PLI Program #: 59100

Christine Lyon advises organizations on cutting-edge issues related to the collection, use, sharing, and safeguarding of data, including personal information of customers and employees. She serves as a trusted advisor, working with clients to develop global strategies to comply with U.S. and international privacy and data protection laws.

Christine's practice spans a variety of industry sectors, from information technology services to consumer products, and covers clients ranging from start-ups to large multinationals. She advises technology companies on building privacy protections into their offerings, including connected products and services (Internet of Things), cloud- based and mobile services, and social media initiatives, as well as on managing th  related "Big Data" implications. She also assists clients in evaluating and managing privacy risks, including in strategic transactions such as IT outsourcing, and mergers and acquisitions.

Christine began her career as an employment lawyer and continues to counsel companies about employment practices, with a particular focus on employee privacy (such as employee monitoring, investigations, and background checks), compliance with federal and state employment laws, and managing key aspects of employment relationships. She brings a collaborative, practical approach to helping companies manage their data and their workforces.

Legal 500 US recognized Ms. Lyon as a "rising star" in the area of privacy and data protection and recommended her for cyber law, and she received The Burton Award for Distinguished Legal Writing. She frequently writes and speaks on the topics of global data protection laws, workplace privacy issues, and data security laws. She is a co-editor of  Global Employee Privacy and Data Security Law  (BNA Books) and a member of the editorial board of the World Data Protection Report.

Global Privacy Compliance Program for Major Cloud-Based Service Provider

Assisted a cloud services provider operating in over 50 countries in developing a global privacy compliance program, including privacy-related terms for customer and vendor agreements, internal and external privacy and data protection policies, and intercompany international data transfer agreements.

Outsourcing of Global HR Data to Third-Party Cloud Services

Advised a financial services company operating in over 30 countries in moving its global HR data to a third-party cloud software-as-a-service (SaaS) provider, including negotiating privacy and data security terms with the third-party provider.

Privacy Program for Connected Consumer Products

Assisted a consumer products company in developing privacy policies and procedures for its new line of connected household products and related service offerings.

EDUCATION

UNIVERSITY OF IOWA (B.A., 1996)

STANFORD LAW SCHOOL (J.D., 1999)

BAR ADMISSIONS

CALIFORNIA

PRACTICES

EMPLOYMENT + LABOR PRIVACY + DATA SECURITY


Mark is American Express' "cyberlawyer."  He leads the Cyberlaw Unit in its support of the company's wide-ranging and constantly evolving internet law needs including those involving social media, mobile, the web, emerging technologies, e-contracting, SEO, affiliate marketing, key digital partnerships, and much more. 

Mark has been instrumental in the Company’s digital transformation, shepherding the Company through many innovative company and industry firsts.  He helped the company launch its first mobile apps, draft its first social media policy, navigate multiple website overhauls, and create the Company’s first fan pages, handles, pins, hang outs, blogs, groups and tweet chats.  He now continues to work with his innovative clients to achieve break through, but compliant, results.   Recently, he helped his clients launch an award-winning social commerce program allowing consumers to buy merchant goods on Twitter using only tweets.

Mark frequently speaks and provides training on these topics from the Alley to Valley.  He sits on Boards for the Word of Mouth Marketing Association, Legal Technology News’ Board of Advisors, and the Journal for Digital Marketing (UK).  He was recently awarded an “Effie” and the “Chairman’s Award for Innovation” for his work on social media initiatives at the company.

Before joining American Express in 2008, Mark worked for Thacher Proffitt & Wood LLP (NY, NY) and Jaffe Raitt Heuer & Weiss LLP (Detroit, MI) specializing in a wide range of general business, intellectual property, brand protection, technology, privacy, marketing, and internet law issues for small business and fortune 500 companies alike.   Mark was named Crain's Detroit top 40 Under 40 and received numerous community involvement awards and recognitions.

Prior to practicing law, Mark spent two years teaching at a small high school in rural Louisiana with the Teach for American program.  Mark now lives in Brooklyn with his wife Christie and their two sons.

Mark's first computer was a Commodore 64.


Frankel Simon

Primary Areas of Practice: 

Copyright, trademark and right of publicity litigation; Global privacy & data security litigation; Legal issues related to visual art

Law School/Graduate School

Yale Law School (J.D.); Cambridge University (M.Phil.); Harvard University (B.A.)

Work History: 

  • Partner, Covington & Burling LLP (2006-present)
  • Partner and associate, Howard, Rice, Nemerovski, Canady, Falk & Rabkin (1994 to 2006)
  • Law Clerk, Judge Pierre N. Leval, S.D.N.Y. (1992-93)
  • Law Clerk, Judge Stephen Breyer, 1st Cir. (1991-92)


Professional Memberships:
 

Copyright Society of the USA, Member (Chair, Northern California Chapter, 2009-2011); Member, American Law Institute
 


John F. Delaney is a partner in the New York office of Morrison & Foerster LLP, where he leads the office’s Technology Transactions Group and co-heads the firm’s Media practice.  Mr. Delaney advises clients ranging from Fortune 500 companies to early-stage start-ups on a wide range of complex technology law issues.

As a co-founder of the firm’s Social Media practice, Mr. Delaney also advises clients on the rapidly evolving law of social media, including user-generated content and the application of the DMCA and CDA safe harbors; online data collection and monetization; the enforceability of online “Terms of Use”; the drafting and updating of social media policies; online data harvesting; the FTC’s Endorsement Guides; and risk reductions strategies and emerging best practices in connection with corporate blogs, third-party social media platforms, mobile applications, wearable technology and other emerging technologies.

Mr. Delaney is also the co-founder and co-editor of Socially Aware, a popular blog and award-winning newsletter covering social media and Internet law developments.  The blog is located at www.sociallyawareblog.com, and was recently included in the ABA Journal’s 9th Annual Blawg 100, a list of top legal blogs.

Mr. Delaney is ranked by Chambers & Partners as one of America’s leading business lawyers (recommended in New York for "Technology & Outsourcing" (Band 1)); is recommended by Legal 500 in the areas of “Technology:  Outsourcing,” “Technology:  Transactions” and “Technology: Data Protection and Privacy”; and is recognized by Best Lawyers in America (Information Technology), PLC Which Lawyers (Outsourcing), IAM Patent 1000 – The World’s Leading Patent Practitioners (Patent Licensing) and Superlawyers (Intellectual Property; IT & Outsourcing; Entertainment & Sports).  Crain’s New York Business included him in its “Technology 100,” a list of individuals “likely to shape the direction and growth of New York’s economy for years to come.”

Mr. Delaney received his B.A. from the University of Notre Dame, and his J.D. from Columbia Law School.


Lothar Determann practices and teaches international technology, commercial and intellectual property law.

As a partner with Baker & McKenzie LLP in Palo Alto, California, Lothar Determann’s practice covers counseling companies on taking their products, data, intellectual property and contracts international, as well as related commercial and compliance matters. Dr. Determann is admitted to practice in Germany and California.

Dr. Determann has been a member of the Association of German Public Law Professors since 1999 and he teaches Data Privacy Law, Computer Law and Internet Law at Freie Universität Berlin (since 1994), UC Berkeley School of Law (Boalt Hall, since 2004), Hastings College of the Law (since 2010), Stanford Law School (2011) and University of San Francisco School of Law (2000-2005). He frequently presents on international and intellectual property law topics and has authored more than 100 articles and treatise contributions as well as 5 books, including Determann’s Field Guide to Data Privacy Law (2nd Edition, 2015) and California Privacy Law (forthcoming, 2015).

For more information see www.bakermckenzie.com.


Primary Areas of Practice: IP Licensing and Transactional, Corporate

Law School/Graduate School: Columbia Law School

Work History: Apple iTunes, Warner Music Group, Shearman & Sterling

 


Sharon Williamson is a director in Netflix's legal department, where she is responsible for privacy and security counseling for all of Netflix's US and international operations.  (Netflix is currently available in over 40 countries in North, South and Central America and Europe.)

Sharon provides advice to various teams company-wide (such as marketing, IT, security, customer service, product development, data science and engineering, etc.) on privacy and security issues.  Typical areas of focus include: children's privacy (such as COPPA); behavioral, mobile, and other online marketing matters; social media; data governance and access; the Video Privacy Protection Act; email; cloud computing; vendor negotiation and management; customer service, as well as privacy and security policies.      

Prior to joining Netflix, she was lead privacy counsel at Dell, where her legal advisory responsibilities evolved over almost 10 years from advertising and marketing, to consumer services, then procurement, and lastly to privacy and security.  Her role at Netflix has similarly evolved from general consumer, marketing, privacy, and security legal support to become more specialized in privacy and security as the company has grown and expanded internationally.  

Sharon received her JD from the University of Chicago and her undergraduate degree from Rice University.


Thomas M. Selman is Executive Vice President, Regulatory Policy, and Legal Compliance Officer of FINRA.  He oversees the departments of Corporate Financing, Advertising Regulation, Regulatory Policy, the Legal Compliance Office, and the Office of Emerging Regulatory Issues. Tom joined the organization in 1996.

Mr. Selman also holds the Chartered Financial Analyst ® designation.

From 1992 to 1996, Mr. Selman was Associate Counsel at the Investment Company Institute, a trade association for the mutual fund industry. Prior to that time, he served as Special Counsel in the Office of General Counsel at the United States Securities and Exchange Commission, a position he held beginning in 1987. Tom was an Attorney-Advisor to the European Union in Brussels, Belgium, from 1986 to 1987. In addition to his career accomplishments, Mr. Selman has authored articles that were published in Investment Lawyer, The International Lawyer and Insights.

Mr. Selman received bachelor's degrees in economics and history from Rice University, and a Doctor of Jurisprudence degree from The University of Texas School of Law, where he was Associate Editor of the Texas Law Review.


Tsan Abrahamson's practice focuses on strategic counseling in the areas of social media, sweepstakes, intellectual property, advertising, trademark clearance, trademark and copyright prosecution, licensing, and other business transactions.  She also manages the adverse proceedings practice at the U.S. Patent and Trademark Office Trademark Trial and Appeal Board.

Tsan has an extensive practice in the area of marketing promotions, including social media promotions, such as on Facebook and Twitter, gift card and gift certificate marketing, print and online sweepstakes, contests, give-aways, warranties, rebates, and coupon promotions.  She also advises on corresponding privacy issues related thereto.

Tsan's advertising practice includes working with regulatory agencies to comply with federal guidelines, including new FTC guidelines regarding affiliate marketing, CAN-SPAM. and the Deceptive Mail Prevention and Enforcement Act. She also advises on ad campaigns, including script review, storyboard clearance, and network media placement.

Tsan also has special expertise in children's marketing issues, including promotions and claim substantiation, COPPA compliance, and advertising to children in print and television media.  She has been a SuperLawyer since 2009, and is in Who’s Who Legal for her expertise in Internet and E-commerce matters.  She was inducted into the American Law Institute in 2007.

Tsan’s professional affiliations include the International Trademark Association, the Brand Activation Association, and the American Bar Association.  She is an adjunct professor of law at USF School of Law.

Prior to Cobalt LLP, Tsan was worldwide intellectual property and licensing counsel for LeapFrog Enterprises, Inc., She also practiced for 7 years with the San Francisco firm of Cooley Godward Kronish (formerly Cooley Godward), where she represented video game makers, online auction houses, pharmaceutical companies, and numerous other large companies. Tsan also spent 8 years as a chef.

Tsan completed her undergraduate work at Dartmouth College, and received both her JD and MBA from the UCLA School of Law and The Anderson Graduate School of Management, respectively. She is recognized by Strathmore's Who's Who for leadership and achievement in the law, and has been selected as a California Super Lawyer.


Debbie Rosenbaum is Head of Legal and Head of Project Management for Thismoment, a cloud-based software start-up that enables brands to build engaging user experiences across social media platforms, mobile applications, and brand sites.  Before Thismoment, Debbie worked as an intellectual property attorney at Morrison & Foerster and DLA Piper, focusing on the business and legal issues arising from e-commerce, social media, online advertising, and other Internet-based matters.  She has written for and been featured in numerous publications and news channels for her cutting-edge work fusing new media with traditional industries.

Debbie earned her J.D. and M.B.A. degrees from Harvard Law School and Harvard Business School, where she served as contributor and opinion editorialist for the Journal of Law and Technology, worked extensively with the Berkman Center for Internet and Society, and volunteered pro bono on a leading P2P file-sharing copyright case. For three years during graduate school, Debbie worked for Google doing strategic marketing and legal policy work.  Ars Technica has called her work "shockingly effective," and Debbie has guest lectured at Boston College, Northeastern University and Harvard University on social media and copyright. 

Prior to graduate school, Debbie was a public relations consultant and a communications director in Washington, DC, after graduating Summa Cum Laude and Phi Beta Kappa from Washington University in St. Louis. Debbie also has experience designing new media strategies for Fortune 500 companies, entrepreneurs, political campaigns, and non-profits.


Eric Goldman is a Professor of Law at Santa Clara University School of Law, where he is also Director of the school’s High Tech Law Institute. His research and teaching focuses on Internet law, intellectual property and marketing law.

Before becoming a full-time law professor, Eric practiced law in the Silicon Valley for 8 years, first as a technology transactions attorney at Cooley Godward LLP and then as General Counsel of Epinions.com, an Internet start-up company. Prior to Santa Clara, he was an Assistant Professor at Marquette University Law School in Milwaukee, Wisconsin. He has also taught as an adjunct professor at UC Berkeley Law School and the University of San Francisco Law School.

He blogs on Internet law matters at the Technology & Marketing Law Blog and the Tertium Quid Blog at Forbes.

 

Education

J.D./M.B.A., University of California, Los Angeles

B.A., University of California, Los Angeles

Areas of Specialization

Internet Law, Intellectual Property, Marketing


Gabe joined The Clorox Company in September 2010.  He is responsible for counseling the business on all advertising, marketing and promotions issues for the company’s brands.  In particular, Gabe works closely with brand managers, R&D and PR to develop new advertising claims, partnerships with charities, marketing campaigns, social media executions and branded entertainment.  He also manages competitive advertising challenges before NAD and false advertising litigation. 

Prior to joining Clorox, Gabe was a member of the advertising groups at Manatt, Phelps & Phillips and Loeb & Loeb in New York.  He attended Columbia University for college and law school.  Gabe currently lives in San Francisco’s fabulous Castro district where he enjoys oil painting, yoga and bourbon.

Headquartered in Oakland, CA, The Clorox Company is a leading manufacturer and marketer of some of the most trusted and recognized brand names, including its namesake bleach and cleaning products, Green Works® home care products, Pine-Sol® cleaners, Fresh Step® cat litter, Kingsford® charcoal, Hidden Valley® and K C Masterpiece® dressings and sauces, Brita® water-filtration products, Glad® bags and wraps and containers, and Burt’s Bees® natural personal care products.


Karmen Parhar is Associate Corporate Counsel at Google. She supports several different teams in the Social organization and frequently advises on a broad range of marketing, advertising, and privacy issues, including those associated with marketing campaigns and those that arise from conception to launch of new features and products. 

Before joining Google in 2013, Karmen worked for Latham & Watkins (San Diego, CA) and Baker & McKenzie (San Diego, CA) and specialized in technology transactions and corporate law. 

Karmen received her LLB from the University of Birmingham (Birmingham, UK), her MSc from the University of Bristol (Bristol, UK), and her BSc from the University of Toronto (Toronto, Canada).


McNabb is the Director of Privacy Education and Policy in the Privacy Enforcement and Protection Unit of the California Attorney General’s Office. In that role, she is responsible for developing resources for consumers on a wide range of privacy topics and for businesses on their privacy obligations and best practices.  Her responsibilities also include analyzing and reporting on the data breaches submitted to the Attorney General’s Office, speaking at privacy seminars and workshops, analyzing privacy legislation, and advising the Attorney General on privacy issues.

McNabb is a Certified Information Privacy Professional, with specializations in Government and Information Technology. She serves on the Privacy Advisory Committee to the U.S. Department of Homeland Security and the ANSI Consumer Interest Forum, and is a Fellow of the Ponemon Institute, a research center on privacy, data protection and information security policy. From 2001 until 2012, McNabb directed the California Office of Privacy Protection, a resource and advocate on privacy issues. Before that she worked in public affairs and marketing, in both the public and private sectors.  She attended Occidental College and holds a master’s degree in Medieval Literature from the University of California, Davis.


Nathan Wildermann is a Lead Advertising Counsel for Facebook.  In this role, Nathan advises teams on a broad range of privacy and advertising issues, particularly those that arise from conception to rollout of features and products.  Nathan brings a wide variety of expertise to this position, including significant litigation experience and advising clients and colleagues in the public and private sectors on privacy and information governance matters.

Nathan relocated to the San Francisco Bay area in 2013 after living and working in the Washington, DC area for more than fifteen years.  Prior to working at Facebook, Nathan served as U.S. Immigration and Custom Enforcement’s Deputy Privacy Officer and Chief of Staff for the Privacy and Records Office where he was responsible for ICE’s compliance with federal privacy laws and policies.  During this time, he worked directly with staff utilizing his extensive technical understanding incorporating privacy by design into new information systems and into employee and client use of mobile devices, social media, and mobile applications.

Nathan also previously worked as an attorney for both Kelley Drye & Warren and Wilson Sonsini Goodrich & Rosati assisting clients in consumer protection issues such as privacy, information security, and advertising.  In his free time, Nathan enjoys hiking, traveling, and discovering new areas in California to explore.

 


Laura D. Berger is an attorney in the Division of Privacy and Identity Protection at the Federal Trade Commission.  She enforces federal laws that protect consumer privacy. Recently, her law enforcement work has focused on the privacy and security standards applicable to social media and to the Internet of Things. She also has worked on the agency's efforts to educate app developers about privacy and security. She received a B.A. from Tulane University and a J.D. from the University of Michigan Law School. She works from the FTC's Regional Office in San Francisco.