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TechLaw Institute 2015: The Digital Evolution

Author(s): Philip Blum, James G. Snell, Marc S. Roth
Practice Area: Intellectual Property, Privacy & Cybersecurity
Published: May 2015
PLI Item #: 59119
CHB Spine #: G1224

Phil is currently a Vice-President at CA Technologies, a global provider of IT management software and solutions.  CA Technologies, a publicly-traded company with more than 11,000 employees, is more than 40 years old and has offices in dozens of countries.  As an in-house attorney for CA Technologies, Phil helps oversee and manage the company’s global litigation.  Phil is based in the company’s Islandia, Long Island office.

Prior to joining CA Technologies in 2014, Phil was a Litigation Partner at Bingham McCutchen LLP.  Prior to joining Bingham, Phil was an associate at Brown, Rayman, Millstein, Felder & Steiner LLP.

Phil’s main area of focus is litigation, and includes offensive and defensive patent litigation, commercial, employment, and licensing matters, to name a few areas.

Phil received is J.D. from the Hofstra University School of Law in 1999, and his B.A. from the University of Maryland at College Park.

Marc Roth is a partner in the Media, Technology and Advertising division of Manatt, Phelps & Phillips, LLP and Co-Chair of the TCPA Compliance and Class Action Defense Group, resident in the firm’s New York office.   Marc has over 25 years of experience in consumer advertising and marketing law, having served at the Federal Trade Commission upon graduating law school and most recently as chief compliance counsel for a Time Warner company, before joining Manatt.  He is ranked by Chambers as a leading U.S. lawyer for his Advertising Transactional work.

Clients ranging from Fortune 100 and 500 companies to start-up firms turn to Marc for his expertise in privacy, social media, telemarketing, claim substantiation, continuity and negative option marketing, and loyalty programs.   He also counsels clients on various transactional matters, and guides them through federal and state government investigations. He frequently speaks and writes about privacy, social media and telemarketing issues.

Marc has decades of experience counseling clients on privacy matters, including drafting and amending online and offline privacy policies and advising on how data may be collected, shared and used in partner marketing arrangements. He advises on laws governing data use and security, including the Children’s Online Privacy Protection Act, Gramm-Leach-Bliley Act, Fair Credit Reporting Act, Fair and Accurate Credit Transactions Act, Video Privacy Protection Act, HIPAA, CAN-SPAM Act and the E.U. Data Protection Directive.  He has served as faculty and chairperson at legal and business privacy conferences and is often called upon to assist leading industry trade associations in preparing comments on FTC privacy-related rulemakings.

In the marketing arena, Marc counsels clients on developing and managing telemarketing and e-mail campaigns in compliance with the Telemarketing Sales Rule, the Telephone Consumer Protection Act, CAN –SPAM, and applicable state laws. He advises companies on how to develop and manage free trial, negative option and continuity marketing programs in compliance with all applicable laws, regulations and credit card processing rules.   Marc also counsels clients on conducting marketing campaigns conducted through online social media networks such as Facebook, Twitter, Instagram, and others.

Last, Marc represents clients before federal and state regulatory authorities by responding to complaints, inquiries, investigations, subpoenas and civil investigative demands, and negotiating settlements with such bodies.

Jim Snell is a partner in the Privacy & Security Group at Perkins Coie.  He represents clients in a broad range of complex commercial matters, including patent litigation, Internet and privacy issues, trade secret matters, matters involving unfair competition claims under California Business and Professions Code section 17200, false advertising, and class actions.

Jim is a Certified Information Privacy Professional (CIPP) as designated by the International Association of Privacy Professionals (IAPP) and a co-chair of the IAPP’s KnowledgeNet program.