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TechLaw Institute 2015: The Digital Evolution

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

Phil Blum is a Vice-President, Senior Counsel for CA Technologies.  CA Technologies, a company with more than 11,000 employees, creates software that fuels transformation for companies and enables them to seize the opportunities of the application economy.  Phil’s team at CA Technologies manages the company’s domestic and international litigation efforts.  Prior to joining CA Technologies, Phil was a Partner in Bingham McCutchen’s New York office, where among other things he represented companies in connection with a variety of litigation matters, managed commercial transactions, and counseled clients on a variety of intellectual property and licensing issues. 

Marc Roth is a partner in the Advertising, Marketing and Media 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. He is a highly accomplished regulatory and transactional attorney with over 20 years of experience in consumer advertising and marketing law. Clients ranging from Fortune 100 and 500 companies to emerging and start-up firms turn to Mr. Roth for his expertise in privacy law, social media, telemarketing, claim substantiation, continuity and negative option marketing, loyalty programs, and magazine sales and audit rules. Mr. Roth’s practice also includes defending clients before federal and state regulatory authorities. Through his prior experience as an in-house Chief Compliance Counsel for a Time Warner company and FTC staff attorney, he offers a valuable perspective on the matters he handles for clients.

Privacy - Mr. Roth’s experience in advising clients on privacy issues dates back to the 1990s when marketers began to realize how the Internet afforded them new opportunities to collect and utilize consumer data. In addition to counseling clients in this area, he is a frequent speaker and author on privacy issues and has served as faculty and chairperson at legal and business privacy conferences. He is often called upon to assist leading industry trade associations in preparing comments on FTC privacy-related rulemakings His client work involves 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 clients on the following: the Children’s Online Privacy Protection Act (COPPA), the Gramm Leach Bliley Act (GLB, and implementing Safeguards Rules), the Fair Credit Reporting Act (FCRA and FACTA), the Video Privacy Protection Act (VPPA), the Health Insurance Portability and Accountability Act (HIPAA), the EU Privacy Directive, the CAN-SPAM Act, and various laws governing data security and breaches. Working in collaboration with European counsel, Mr. Roth also assists clients in structuring solutions for processing and transferring data from the EU, particularly through the Safe Harbor program.

Telemarketing - Mr. Roth has extensive experience advising clients on federal and state telemarketing laws. During his tenure at the FTC, he investigated and prosecuted abusers of the Telemarketing Sales Rule and the FTC Act. Now, Mr. Roth counsels clients on how to develop and manage telemarketing programs that comply with the TSR, the Telephone Consumer Protection Act (TCPA) and applicable state laws. In regard to the TCPA, he advises clients on how to obtain proper consent to send text messages, place calls with pre-recorded messages and comply with Do Not Call and call abandonment rules. Clients benefit from his insight into how the government views this highly sensitive industry. Mr. Roth is frequent speaker at industry conferences and has authored articles on legal and business developments affecting the telemarketing industry.

Mobile and Social Media Marketing - A significant portion of Mr. Roth’s practice is devoted to counseling clients on the legal issues surrounding marketing campaigns conducted through online social networks and wireless devices. He also advises on the unique rules developed by social network platforms (e.g., Facebook and Twitter) as well as industry-governing guidelines specific to the mobile industry. Mr. Roth regularly assists clients in developing social media policies and drafting contracts with vendors for these campaigns. He is a frequent speaker on social media legal issues.

Free Trial, Continuity and Negative Option Marketing - Mr. Roth has significant expertise in advising clients on continuity marketing programs. He counsels companies on how to market, process, and manage campaigns in compliance with all applicable laws, regulations, and credit card processing rules. In addition, from his experience at the FTC and as Chief Compliance Counsel for the country’s largest continuous service magazine sales agency, he understands the nuances of how regulators enforce their laws in this heavily regulated area.

Regulatory Defense - Mr. Roth regularly represents clients before federal and state regulatory authorities. He assists clients in responding to individual complaints, inquiries, investigations, subpoenas and Civil Investigative Demands, and negotiates settlements with regulatory 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.