Skip to main content

Defending Data Privacy, Behavioral Advertising and Security Breach Class Action Suits 2015: What Every Litigator and In-House Lawyer Needs to Know


Speaker(s): Christina Radocha, David Townsend, Sr., Eulonda G. Skyles, Harvey Jang, Hon. James Ware, Ian C. Ballon, Jay Edelson, Jonathan R. Mayer, Joseph V. DeMarco, Naomi Meyers, Renée T. Lawson, Robert J. Herrington
Recorded on: Jan. 23, 2015
PLI Program #: 59536

 

Christina Radocha

Demand Media is an online content, media and e-commerce company that operates brands such as eHow, Cracked, Livestrong.com, Society6 and Saatchi Art. In August of 2014, Demand Media spun off its domain services business, eNom, Inc., the second largest domain name registrar in the world.

As Director of Business and Legal Affairs for Demand Media, Christina Radocha provides guidance to the business in a myriad of legal issues including intellectual property, privacy, and other general legal matters. She works closely with the business and Demand Media’s information security department on all data and privacy related matters, and is a member of the company’s cybersecurity task force.

Christina has handled several data breach related matters during her tenure at Demand Media. She also assists the litigation team on various matters and helped settle a privacy class action lawsuit in which Demand Media was a named defendant.

Prior to Demand Media, Christina worked in the intellectual property department at Microsoft Corporation. She received her undergraduate degree from the University of Kansas and her J.D. from Seattle University. Christina is a member of the both the Washington State Bar and California State Bar Association. She currently sits on the Internet Law Committee for the International Trademark Association and is a member of the Legal Affairs Council for the IAB.

 


Naomi Meyers is Senior Corporate Counsel and Director on the legal team at Autodesk, Inc., a leader in 3D design, engineering, and entertainment software.  She advises various product groups on a wide range of legal and business issues related to product development and release, including intellectual property, open source, and privacy.

Law School:

University of Texas School of Law, J.D. 1994

 

Work History:

Autodesk, Inc. 2006-present

Holland & Knight LLP 2001-2006, 1996-2000

Scient Corporation 2000-2001

Bracewell & Patterson LLP 1994-1996

 

Professional Memberships: 

Bar Admissions:  Texas and California


Harvey serves as Senior Director, Legal Affairs for McAfee, Part of Intel Security.  Harvey oversees legal support for privacy, security, marketing, and antitrust.  He works closely with McAfee’s Privacy & Security Office, engineers, marketing, and product teams in developing and implementing data protection related policies/practices, designing privacy enhancing tools and products, and managing legal compliance. 

Prior to joining McAfee, Harvey was Director of Information Management and Chief Privacy Counsel for Hewlett Packard.  Before “going in-house”, Harvey was litigation counsel with Gibson, Dunn & Crutcher and O’Melveny & Myers where he represented high-tech and entertainment industry clients on a variety of matters, including antitrust, securities litigation, consumer class actions, and intellectual property disputes.  

Harvey earned his B.A., magna cum laude, from UCLA and his J.D., cum laude from UC Hastings College of the Law.  He is also a Certified Information Privacy Professional (by IAPP) and a Certified Information Security Manager (by ISACA).


Renée Lawson is Deputy General Counsel at Zynga.  In addition to playing lots of fun Zynga games like Words with Friends and FarmVille, Renée leads Zynga’s product compliance, intellectual property, employment, government affairs, and litigation teams. She also is a Co-Founder and Board Member of Alta Vista School, a progressive elementary and middle school in San Francisco with a focus on math, science and technology. 

Prior to joining Zynga, Renée was a partner at Morgan Lewis in San Francisco for six years and started her legal career at Brobeck Phleger and Harrison.  She specialized in the areas of intellectual property and commercial litigation.  

Zynga Legal is proud to have been named one of the most innovative in-house teams in the United States by the Financial Times and a 2012 Best Legal Department finalist by Corporate Counsel.  Renée also has been named to the "Defense Hot List" by the National Law Journal, was identified as one of the "Best Lawyers in the Bay Area" by Bay Area Lawyer, and received the Inaugural Jack Londen Award from the Lawyers' Committee for Civil Rights for her pro bono work.

Education

  • University of California, Los Angeles School of Law, 1996, J.D.
  • University of California, Santa Barbara, 1992, M.A., examination magna cum laude (German)
  • Santa Clara University, 1990, B.A., cum laude (German)


Robert J. Herrington is Co-Chair of the firm's Products Liability & Mass Torts Practice. He focuses his practice on defending consumer products companies in complex, multi-party litigation, including class actions, government enforcement litigation, product defect litigation and mass torts. Rob represents companies in a variety of industries, including apparel and footwear, retail, emerging technologies, consumer electronics, video game, telecommunications, advertising and publicity, online retailing, food and beverage, nutritional supplements, personal care products, sports and fitness, outdoor equipment, home appliances, automotive, and insurance.

Rob is the author of the best-selling book, Verdict for the Defense (Sutton Hart Press 2011), and a co-author of The Class Action Fairness Act: Law and Strategy (ABA Publishing 2013). In 2013, 2014 and 2015, Rob was named in Law360's list of "Top Attorneys Under 40" for Class Actions.

Awards and Recognition

  • Listed, Super Lawyers magazine, Southern California Super Lawyers, 2015
    • "Rising Star," 2009-2014
  • Listed, Law360, "Rising Star," 2013-2015
    • Class Action, 2013-2015
    • Product Liability, 2013
  • Listed, The Legal 500 United States, 2013-2015
  • Team Member, a Law360 "Products Liability Practice Group of the Year," 2011
  • Team Member, a Law360 "Appellate Practice Group of the Year," 2010

Admitted to Practice

  • California
  • Colorado
  • Supreme Court of the United States
  • U.S. Court of Appeals for the Ninth Circuit
  • U.S. Court of Appeals for the Sixth Circuit
  • U.S. District Court for the Central District of California
  • U.S. District Court for the District of Colorado
  • U.S. District Court for the Northern District of California
  • U.S. District Court for the Southern District of California


Ian C. Ballon
Shareholder
Internet, Intellectual Property & Technology Litigation

Admitted: California, District of Columbia and Maryland
Second, Third, Fourth, Ninth and Federal Circuits
U.S. Supreme Court
JD, LLM, CIPP

Ballon@gtlaw.com
LinkedIn, Twitter, Facebook, Google+: Ian Ballon

Ian Ballon represents Internet, technology, mobile and other companies in intellectual property, privacy and security litigation, including the defense of data privacy, security breach, behavioral advertising and TCPA class action suits.  He is also the author of the leading treatise on Internet law, E-Commerce and Internet Law: Treatise with Forms 2d edition, the 4-volume set published by West (www.IanBallon.net).  In addition, he is the author of The Complete CAN-SPAM Act Handbook (West 2008) and The Complete State Security Breach Notification Compliance Handbook (West 2009). He also serves as Executive Director of Stanford University Law School’s Center for E-Commerce, which hosts the annual Best Practices Conference where lawyers, scholars and judges are regularly featured and interact.

Mr. Ballon has brought or defended significant and often cutting edge suits involving computer software, the Internet and mobile technology. A list of recent cases may be found at http://www.gtlaw.com/People/Ian-C-Ballon.

Mr. Ballon was named the Lawyer of the Year for Information Technology Law in the 2013 and 2016 editions of Best Lawyers in America. In addition, he was the 2010 recipient of the State Bar of California IP Section’s Vanguard Award for significant contributions to the development of intellectual property law (http://ipsection.calbar.ca.gov/IntellectualPropertyLaw/IPVanguardAwards.aspx).  He is listed in Legal 500 U.S., The Best Lawyers in America (in the areas of information technology and intellectual property) and Chambers and Partners USA Guide in the areas of privacy and data security and information technology.   He also has been recognized by The Daily Journal as one of the Top 75 IP litigators in California in every year that the list has been published, from 2009 through 2015, and has been listed as a Northern California Super Lawyer every year from 2004 through 2015 and as one of the Top 100 lawyers in California. Mr. Ballon also holds the CIPP/US certificate for the International Association of Privacy Professionals (IAPP).


Dave Townsend is a recognized authority on computer forensics and Cyber-crime investigation, with more than 30 years of police, detective and cyber forensic experience including many high profile assignments with the Silicon Valley High Tech Crimes Task Force and the FBI.

Dave most recently managed the data loss prevention team for Kaiser Permanente.  He was part of the cyber threats and investigative services.  Dave is currently managing partner & CEO of Townsend, Carden & Rose, Inc., a digital expert firm located in the Silicon Valley.

Dave is a former member of the FBI REACT (Rapid Enforcement Allied Computer Team) Task Force where he investigated numerous high technology crimes as well as developed, designed and implemented training to investigators and staff on tools, resources and investigative techniques in computer crime.

Dave was the computer forensics consultant for Mark Geragos during the Scott Peterson double homicide, during this case; Dave conducted analysis on 5 computers belonging to Scott and Laci Peterson. People V. Michael Jackson, Dave was the expert computer forensic analyst for attorney Susan Yu and examined 14 computers from Michael Jackson’s Neverland Ranch. In addition, Dave was the expert for the defense when John Mark Karr, suspect in JonBenét Ramsey murder case, was extradited from Bangkok Thailand and brought to trial on charges in California. Aside from these well known cases, Dave has been an expert consultant and subject matter expert for law firms and corporations on the best practices, procedures, and investigations relating to data collection, cyber forensics, cyber security.

Dave has conducted computer forensics on many large cases within the biomedical fields, global internet service providers, network hardware markets involving intellectual property theft, employment law, wills', trusts and probate.

Dave is a Certified Computer Crimes Expert by the State of California, Peace Officers Standards and Testing (POST). He has served as an expert witness in criminal and civil cases for the United States Federal Court San Jose, California; the Stanislaus County Superior Court; and the San Francisco County Superior Court.


Jonathan Mayer is a Ph.D. candidate in computer science and a lawyer at Stanford University, where he received his J.D. in 2013. He was named one of the Forbes 30 Under 30 in 2014, for his work on technology security and privacy. Jonathan’s research and commentary frequently appear in national publications, and he has contributed to federal and state law enforcement actions.

Jonathan is a Cybersecurity Fellow at the Center for International Security and Cooperation, a Junior Affiliate Scholar at the Center for Internet and Society, and a Stanford Interdisciplinary Graduate Fellow. He earned his A.B. at Princeton University in 2009, concentrating in theWoodrow Wilson School of Public and International Affairs.


Joseph V. DeMarco is a partner at DeVore & DeMarco LLP where he specializes in counseling clients on complex litigation and investigation issues involving a range of subjects including fraud and securities laws violations, information privacy and security, theft of intellectual property, and computer intrusions. His years of experience in private practice and in government handling the most difficult cybercrime investigations handled by the United States Attorney's Office have made him one of the nation's leading experts on white collar crime and the law relating to emerging technologies.

From 1997 to 2007, Mr. DeMarco served an Assistant United States Attorney for the Southern District of New York, where he prosecuted a wide range of white collar crimes and founded and headed the Computer Hacking and Intellectual Property (CHIPs) Program, a group of five prosecutors dedicated to investigating and prosecuting violations of federal cybercrime laws and intellectual property offenses, encompassing all forms of criminal activity affecting e- commerce.

Since 2002, Mr. DeMarco has served as an Adjunct Professor at Columbia Law School, where he teaches the upper-class Internet and Computer Crimes seminar. He has spoken throughout the United States as well as in Europe, Asia and the Middle East on white collar crime and cybercrime and has lectured on the subject of cybercrime at Harvard Law School.

Mr. DeMarco is a Martindale-Hubbell AV-rated lawyer for Computers and Software, Litigation and Internet Law, and is also listed in Chambers USA: America’s Leading Lawyers for Business guide as a leading lawyer nationwide in Privacy and Data Security. He has also been named as a “SuperLawyer” for his expertise and work in the area of Intellectual Property Litigation.


Judge James Ware (Ret.) has joined JAMS after spending sixteen years as a civil litigator, and twenty-four years as a judge. He served as a United States District Judge on the Northern District of California, including a year and a half as the Chief Judge of the Northern District. Previously, he served as a judge on the Superior Court of California in Santa Clara County. Thanks to his extensive judicial career, he brings with him a wealth of experience derived from his management and resolution of thousands of cases across a wide variety of subjects. Most notably, Judge Ware presided over numerous cases involving patent infringement, securities fraud, antitrust, contract disputes, employment law, and various statutory actions. 

Since joining JAMS, Judge Ware draws on his vast experience as a judge on both the state and federal bench. Serving as a mediator and special master/discovery referee, he helps parties to communicate with and understand one another; offers a broad perspective on parties’ problems; assists them to evaluate the strengths and weaknesses of respective positions; assesses the overall cost of the dispute; and aides them in identifying, and overcoming, obstacles that stand in the way of effective resolution. As an arbitrator, he considers the issues and reaches a definitive, principled, and expedited resolution.


Jay is the founder and managing partner of Edelson PC, a consumer class action firm with offices in San Francisco and Chicagoi. Based primarily on his success in bringing consumer technology and privacy class actions, the national press has dubbed Jay and his firm the “most feared” litigators in Silicon Valley and, according to the New York Times, tech’s “babyfaced … boogeyman.”  He has been called a "titan" of the plaintiff's bar by law360 and his recent class settlements have been valued at over $1 billion. He is an adjunct professor at Chicago-Kent College of law where he teaches a seminar on class actions and negotiation.  The American Bar Association has called Jay “one of the most creative minds in the legal profession.”


Ms. Skyles is an experienced litigator and trusted legal adviser, who specializes in intellectual property matters.  Ms. Skyles has significant experience with patent litigation matters, complex technology transactions, privacy and data security incident response and compliance, and intellectual property portfolio management and development.  Her litigation experience also includes representing technology companies in e-commerce, class actions, employment, bankruptcy, and corporate derivative suits.

Ms. Skyles recently joined Capital One in McLean, VA, where she serves as assistant general counsel. Before that, Ms Skyles was Of Counsel at Orrick Herrington as a part of its intellectual property group in Washington, D.C.  Previously, she served as head of litigation and risk management/compliance at SafeNet, Inc., a data security and encryption technology company based in Maryland.  Prior to SafeNet, she ran her own law  practice, Skyles Law Group in the greater Washington metro area, where she managed litigation and other dispute resolution matters for a variety of technology and media companies. Before moving to the East Coast, Ms. Skyles worked for over a decade in Silicon Valley. She held the role of Litigation Counsel for Yahoo! Inc., where she oversaw domestic and international litigation and provided legal counsel to business clients in the areas of product planning, product compliance, litigation avoidance, and contractual matters such as technology licensing, indemnities, warranties, joint-ventures, and mergers and acquisitions. Ms. Skyles also worked as a Litigation Associate for Fenwick & West LLP  in Palo Alto, California and was a law clerk for the Honorable William H. Orrick, Jr. of the United States District Court for the Northern District of California.

Ms. Skyles graduated magna cum laude from Cornell University with a B.A. in History. She obtained a J.D. from Stanford Law School, where she was an editor of the Stanford Law Review.   Ms. Skyles is admitted to the California and D.C. bars.  She resides in Rockville, Maryland, with her husband and two (very cute) daughters.