305. Cybersecurity Trends: Impacts on Liability, Design, and Policy

DATE: Friday, July 21, 2017      TIME: 2:30 PM - 3:30 PM
LOCATION: USPTO, 1st floor, California Room

Hear a panel of experts discuss recent developments and trends in how companies are dealing with breaches and litigation mitigation, how privacy and security are being designed into new products to limit liability, best practices and new solutions for detecting and preventing breaches, and intellectual property liability for cybersecurity issues.

CLE accreditation pending. Click here to download CLE materials.


MODERATOR:

Partner, Finnegan

Lily Lim

Lily Lim practices intellectual property, cybersecurity, and privacy law. Ms. Lim provides strategic counseling on cybersecurity and privacy best practices, including security-by-design and privacy-by-design, utilizing her depth of knowledge in both law and technology. Ms. Lim is a Certified Information Privacy Professional (CIPP/US). Ms. Lim is a frequently invited speaker and contributes to the Sedona Conference Working Group on data security and privacy issues.

Ms. Lim has prevailed at trial and on appeal in cases involving patent, copyright, and trade secret disputes in federal court and before the U.S. International Trade Commission (ITC). She represents U.S. and international clients whose technologies include integrated circuits, satellite technologies, wireless devices, software, and medical devices and diagnostic equipment. Ms. Lim also provides strategic pre-litigation counseling regarding negotiating patent and software licenses and international manufacturing and marketing agreements. Prior to joining private practice, Ms. Lim served as a law clerk to the Honorable S. Jay Plager of the U.S. Court of Appeals for the Federal Circuit. She also worked as a spacecraft navigation engineer at NASA’s Jet Propulsion Laboratory on the Magellan Project that successfully mapped the surface of Venus.

Trial Highlights:

  • Nuance v. ABBYY (N.D. Cal & Fed. Cir.). Prevailed in a jury trial, obtaining a verdict for defendants that they were not liable for $260 million in alleged damages for software patent and trademark infringement. Also, prevailed on defending the verdict on appeal.
  • Philips Electronics v. Cardiac Science (Fed. Cir.). Prevailed in appealing a district court’s adverse decision against Philips.
  • Sun Microsystems v. Microsoft (MDL). Successfully obtained a preliminary injunction of copyright infringement of software allowing Sun to negotiate a favorable $2 billion settlement.
  • First chaired eight jury trials.

PANELISTS:

Of Counsel, Fenwick & West

Hanley Chew

Hanley Chew focuses his practice on privacy and data security litigation, counseling and investigations, as well as intellectual property and commercial disputes affecting high technology and data driven companies. Hanley regularly advises companies large and small on data breaches and cybercrimes, network and data security, and internal investigations. Prior to joining Fenwick & West, Hanley was a Vice President of Stroz Friedberg, a specialized risk management firm, where he advised clients and managed engagements involving investigations, digital forensics, data breach response, security science, eDiscovery, and privacy issues.

Prior to his work at Storz Friedberg, Hanley served as an Assistant United States Attorney (AUSA) in the Northern District of California for over ten years. While there, he was a member of the Computer Hacking and Intellectual Property Unit and was responsible for investigating and prosecuting unauthorized computer intrusions, distributed denial of service attacks, trade secret theft, trafficking in counterfeit software and hardware, criminal copyright infringement, child exploitation, and on-line fraud. Hanley also was an AUSA in the Central District of California, where he was a member of the General Crimes and Violent Crimes Units and was responsible for investigating and prosecuting a variety of federal crimes, including white collar fraud, bank robberies, narcotic and firearm offenses, and theft cases. In addition to work his work in government, Hanley was a litigation associate at two top tier law firms. He focused his practice on complex commercial litigation, securities litigation, and intellectual property litigation, appearing in both federal and state courts.

Hanley received his J.D. from the University of Pennsylvania Law School, where he served as an editor on Law Review and a legal writing instructor. He received his B.A., Magna Cum Laude, in Political Science from Harvard University. Hanley is a member of the state bars of California and New York and is admitted to practice before the Ninth Circuit and the Northern and Southern Districts of California.

Chief Intellectual Property Officer and VP, Legal Ops

Julie Mar-Spinola

Julie Mar-Spinola is Finjan Holdings, Inc.’s Chief Intellectual Property Officer and Vice President of Legal Operations. She oversees the Company’s revenue-based and legal operations, including those relating to the Company’s IP and cyber technology innovations, enforcement programs, best practices, public policy initiatives, and mentorships. Ms. Mar-Spinola is also a member of the Board of Directors for product subsidiary, Finjan Mobile, Inc. Ms.

Mar-Spinola has dedicated more than 25 years of her career in intellectual property law, with emphasis on patents. She has successfully represented high technology companies of all sizes and business models, including individual inventors, with significant knowledge and experience in all things patents, including litigation, M&A’s, IP portfolio development, acquisition, divestitures, and licensing, as well as preservation and monetization of proprietary technologies and patents. Ms. Mar-Spinola has served as General Counsel or VP of Legal for several Silicon Valley companies, including Kleiner Perkins-backed thin-film solar start-up, Alta Devices, Inc.

Julie is a co-founder of ChIPs, a global 501(c)(3) non-profit corporation dedicated to advancing women at the confluence of law, technology, and regulatory policy. Now Board Chair Emeritus, she served as ChIPs’ Chair from 2005 to 2016 and is currently the President of Diversity and Inclusion. Since 2011, Julie serves as a court-appointed Mediator specializing in complex patent disputes, for the US District Court for the Northern District of California. In 2014, she joined the High Tech Advisory Board at her Alma Mater, Santa Clara University School of Law. In 2015, Ms. Mar-Spinola was appointed by the Secretary of Commerce to serve on the prestigious Patent Public Advisory Committees (PPAC), which reviews the policies, goals, performance, budget, and user fees of the United States Patent and Trademark Office (USPTO) operations and advises the Director on these matters. Most recently, Ms. Mar-Spinola was named A Women of Influence 2016 by the Silicon Valley Business Journal, and the 2017 Recipient of Santa Clara University School of Law’s Special Achievement Award. She is a member of the California State Bar and a licensed Patent Attorney with the USPTO.

President, Rosint Labs

Roselle Safran

Roselle Safran is a cybersecurity consultant with over a decade of experience in cybersecurity and related fields. As President of Rosint Labs, she provides operational and strategic advice and direction to cybersecurity teams, leaders, and startups. She is a frequent speaker on cybersecurity topics at conferences, in webinars and in podcasts as well. Previously Roselle co-founded and was the CEO of Uplevel Security, an incident response technology company that enables enterprises to effectively utilize their incoming and historical data to respond to cyber attacks rapidly and accurately. Roselle led the startup as it grew from a product concept to a venture-backed company with Fortune 1000 customers and a host of prestigious industry accolades.

Before founding Uplevel, Roselle was the Cybersecurity Operations Branch Chief at the Executive Office of the President. There she managed the 24x7 Security Operations Center that protected and defended the White House’s network. Her responsibilities included managing the investigation of suspected network intrusions, coordinating the mitigation of high severity vulnerabilities, and developing strategic initiates to bolster defensive capabilities, improve network visibility and accelerate response times. Prior to the Executive Office of the President, Roselle managed daily operations activities for cybersecurity analysis teams at the Department of Homeland Security’s US-CERT and was instrumental in building two cyber threat intelligence platforms - one used internally by all of the US-CERT analysts and one used by over 50 federal departments and agencies.