CLE Programs

Facial recognition, Surveillance and privacy

Featured speaker: 

professor Brian e. ray

Director, Center for Cybersecurity and Privacy Protection

Leon and Gloria Plevin Professor of Law

Growing use of facial recognition technology and concerns over inherent bias as well as the risk of mass surveillance generally have prompted calls for stricter regulation and even bans. Several cities and counties have banned public agencies and a handful have prohibited private companies from using facial recognition or passed legislation to demand more transparency on how police use it and other surveillance tools. This talk will explore this push to regulate facial recognition and the concerns that have motivated it.

Professor Brian Ray has extensive experience in information governance, cybersecurity, and data privacy. He co-founded and directs the Center for Cybersecurity and Privacy Protection and edits the Center-sponsored SSRN Cybersecurity, Data Privacy and eDiscovery eJournal. Ray also co-founded the Cleveland eDiscovery, Data Security and Privacy Roundtable, an informal group of lawyers, judges and academics that meets monthly to discuss issues surrounding electronic discovery, cybersecurity and data privacy issues.

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Program Materials

Program Materials

Registration $59 - $99: Register Here

Speakers:

Josh Gold

Joshua Gold is a shareholder in Anderson Kill's New York office. He has represented numerous corporate and non-profit policyholders in various industries, with recoveries for his clients well in excess of $1.5 billion. Josh is chair of the Cyber Insurance Recovery Practice Group and co-chair of the Marine Cargo Insurance Group.

Josh's practice involves matters ranging from international arbitration, data security, directors and officers insurance, business income/property insurance, commercial crime insurance, admiralty, cargo, and marine insurance disputes. He has been lead trial counsel in multi-party bench and jury trials, and has negotiated and crafted scores of settlement agreements including coverage-in-place agreements.

Kirk Herath

Kirk Herath is a Principal with Pillars Consulting Group. He recently retired as Vice-President, Associate General Counsel and Chief Privacy Officer for Nationwide Insurance Companies and affiliates based in Columbus, Ohio.

For over two decades, Herath was responsible for all legal issues at a Fortune 100 financial services company impacting data, privacy, information security, technology and information systems, contracts and supply services management, third-party risk, confidentiality and data integrity. He was responsible for corporate privacy policy, data and security incident management and implementing privacy across all lines of business. Kirk has represented clients on many industry privacy and Cybersecurity policy groups and before legislative and regulatory bodies.

Under Herath's leadership, Nationwide was selected as one of the Top 10 Most Trusted Companies for Privacy (number one in the insurance sector) six times by the prestigious Ponemon Institute.

Currently, Herath is Chairman of CyberOhio, Ohio’s Cybersecurity Advisory Board, and a member of the InnovateOhio Advisory Board under the direction of Lt. Governor Jon Husted and Governor Mike DeWine. He is Past President and past board member of the International Association of Privacy Professionals and is still active within the association. He also served on the U.S. Department of Homeland Security’s Data Privacy and Integrity Advisory Committee from 2005 to 2011. He speaks regularly on a broad array of privacy, security and technology issues.

Herath edited the privacy practitioners’ bible, “How to Build a Privacy Program”, published by the IAPP Press.

Tim Opsitnick

Timothy M. Opsitnick is Executive Vice President and General Counsel of Technology Concepts & Design, Inc. (“TCDI”). Opsitnick is at the forefront of practitioners addressing issues involved in the security and discovery of electronically stored information. He has conducted numerous continuing legal education seminars regarding electronic discovery, cybersecurity, and other technology issues. In addition, he has served as a court-appointed Special Master and as an expert witness. His clients include United States and international law firms and companies.

TCDI consults with corporations and law firms to provide litigation management software, electronic discovery, computer forensics, and cybersecurity services. TCDI is a recognized leader in technology for mass tort management, complex litigation and MDL litigation management. Opsitnick founded JURINNOV Ltd. (“JURINNOV”) in 2000. JURINNOV was acquired by TCDI in 2016, expanding their services to include data privacy, cybersecurity, and computer forensics.

Lacy Rex

Lacy has over 14 years of experience in the insurance industry, always focused on executive risk coverages. Her knowledge in Cyber Security has earned her international speaking engagements and panel opportunities. Lacy attended the Lloyd’s Broker Academy in London. She frequently travels to London to broker large, bespoke programs in the Lloyd’s of London marketplace. She has developed cyber solutions capabilities and go-to-market approach, linking business strategy, market trends, cyber events and Oswald’s skills into an integrated message to support our clients. Engaged in thought leadership
related to managing areas of cybersecurity risk along with speaking engagements and media interviews. Current speaking engagement for NetDiligence has been put on hold due to Covid-19.

Lacy is actively engaged with insurance carriers to craft and create new coverages and manuscript forms. She integrates her product and market knowledge to find solutions for client’s issues that arise daily. Lacy works closely with insurance
companies to draft policy enhancements, providing innovative solutions to local, national and international companies. The pace of Cyber incidents continues to soar, allowing Lacy to be at the forefront of protecting clients’ largest and most valuable assets.

Timothy Smit

Timothy Smit provides expertise in the areas of data protection laws, privacy liability and cyber technology best practices for protecting information and their processes. Timothy consults with clients on how best to develop strategies to manage their total cost of risk within their organizations while protecting their critical assets and information.

Timothy has over 25 years of information protection experience in Insurance, Healthcare, Medical Devices, Government, Retail Merchandising, Higher Education, and Crisis Management industries. Timothy’s extensive knowledge comes from the information technology and information protection roles he has held over his career. That knowledge and firsthand experiences enable him to translate similar exposures into cyber coverages for the C-Suite and Board Level Members to understand and comprehend.

His approach and technical acumen are unlike any other cyber broker in the market place today, which differentiates himself on how he provides both proactive loss control services and placing the appropriate cyber coverage to the respective cyber exposures that clients have.

Timothy works closely with large multi-national organizations, assisting them in data mapping exercises and process review while conducting and consulting on data privacy impact assessments for any processing of PII.

He also authored six data protection books.

Those accused of international crimes such as genocide, crimes against humanity, and war crimes are often prosecuted by international criminal tribunals, as the International Criminal Court, the International Criminal Tribunal for Yugoslavia, the International Criminal Tribunal for Rwanda, and others. Although accused of such grave crimes, these defendants enjoy due process rights and benefit from the presumption of innocence. Representing such defendants, however, poses unique challenges and requires particular expertise. Kate Gibson will discuss her experience as a criminal defense laywer before the most prominent international criminal tribunals. She will discuss issues such as procedural particularities, but also specialized defenses such as superior orders, necessity, insanity, mental disease, and duress. Finally, she will focus on differences between representing defendants before international tribunals, such as the International Criminal Court, and domestic tribunals.

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Speaker

Kate Gibson

Kate Gibson has been practicing before international criminal courts and tribunals since 2005, appearing before the ICC, ICTR, IRMCT, ECCC and SCSL on some of the leading cases before these courts. Currently, Kate is the co-counsel of Bosco Ntaganda before the ICC, and also represents Rohingya victims in the Bangladesh/Myanmar situation. Kate also leads the legal team of Paul Rusesabagina, charged with terrorism in Rwanda, and is a member of the Defence team of former President of Kosovo Hashim Thaçi before the Kosovo Specialist Chambers.

Previously at the ICC, Kate was the co-counsel of Jean-Pierre Bemba, former Vice-President of the DRC who was acquitted by the ICC Appeals Chamber in 2018. She was also the co-counsel of former President of Liberia Charles Taylor before the SCSL, and the Co-Counsel of former President of the Republika Srpška Radovan Karadžić before the IRMCT. Kate was one of the youngest Lead Counsel to be appointed at the ICTR, representing Minister Justin Mugenzi who was acquitted on appeal. She was also co-counsel to Jean-Baptiste Gatete, former bourgmestre of Murambi commune before the ICTR. Between 2007 and 2008, Kate was the Associate Legal Officer of His Honour Judge Mohammed Shahabuddeen in the Appeals Chamber of the ICTY and ICTR. Kate also represented victims in the Duch case at the ECCC.

In 2018, Kate was appointed as a Legal Consultant to the UN Independent International Fact-Finding Mission for Myanmar. She is a Senior Legal Advisor with the Public International Law and Policy Group (PILPG) in Washington, DC, working on transitional justice programs in Bangladesh, Libya, and the MENA region. She holds an LL.M in International Law from Cambridge University and lives in Geneva, Switzerland.

IMPLICIT BIAS, DEHUMANIZATION AND RACIAL DISPARITIES IN THE CRIMINAL JUSTICE SYSTEM

Featured speaker: 

professor Reginald OH

Professor of Law

Presented in conjunction with the Racial Justice Community Conversation Work Group 

WATCH THE PRESENTATION HERE

Attendees will learn more about the racial disparities in the U.S. criminal justice system and how those disparities were created and remain today.

Reginald Oh brings to the law school nine years of teaching experience and a lengthy roster of publications and presentations in this country and abroad. Professor Oh is a prolific scholar whose work is most often a careful examination of distributive justice, including the ways in which justice succeeds or fails when gender and race are involved.

History, politics, linguistic analysis, and race and gender studies inform articles such as "Interracial Marriage in the Shadows of Jim Crow: Racial Segregation as Racial and Gender Subordination" in the University of California Davis Law Review (2006) and "Discrimination and Distrust: A Critical Linguistic Analysis of the Discrimination Concept" in the University of Pennsylvania Journal of Constitutional Law (2005). "Regulating White Desire," which examines the gendered nature of racial segregation, was published in the Wisconsin Law Review in 2007. "Fear of a Multiracial Planet: Loving’s Children and the Genocide of the White Race" was published in the Fordham Law Review in 2018.

At Cleveland-Marshall, Professor Oh teaches Civil Procedure, a Constitutional Law Seminar on the Fourteenth Amendment, and a seminar on Legal Issues in Education. Professor Oh is also a widely sought and widely traveled lecturer; in a two-year span he spoke at more than 30 national and international conferences. In July 2007, he presented "Race, Racism and Belonging" at the International Congress for Law and Mental Health in Padua, Italy; in March 2007 he lectured on "Reading Brown through Loving: Racial Segregation and the Promotion of White Supremacy" at the University of Iowa College of Law, and "Racial Segregation and the Thirteenth Amendment" at the Tenth Annual Conference for the Association of the Study of Law, Culture, and the Humanities at Georgetown University.

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The C|M|LAW Journal of Law and Health and the Global Business Law Review are pleased to cohost their spring Symposiums.

The C|M|LAW Journal of Law and Health Symposium:

"Digital Health & Technology"

Keynote Speaker

Professor I. Glenn Cohen, Harvard Law School
 

Professor Cohen is a leading expert in digital health & technology, bioethics and law and health. His current research is focused on artificial intelligence, medical tourism, and digital health including artificial intelligence, mobile health, and reproductive technology. 

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Intellectual property law issues in non-fungible tokens (nfts)

Featured speaker: 

professor Christa J. laser

Assistant Professor of Law, Intellectual Property & Innovation

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Attendees will learn more about how copyright, patent, and trademark law intersect with issues of minting and selling the hottest new blockchain asset, non-fungible tokens (NFTs).

Professor Christa Laser comes to Cleveland-Marshall after nearly a decade of practice experience as an intellectual property litigator at the law firms WilmerHale and Kirkland & Ellis LLP. She has deep expertise in patents, trademarks, copyrights, false advertising, pharmaceutical litigation and regulation, and technology law. She has represented leading life sciences and technology companies in all stages of trial and appellate matters and consulted on legislative changes to intellectual property laws.

Professor Laser's research focuses on intellectual property and innovation. Her patent law scholarship has been cited by numerous scholars, by judges of the U.S. Court of Appeals for the Federal Circuit, and in briefs to the U.S. Supreme Court. Her research envisions an intellectual property system that supports innovation, investment, and competition across all technology areas. Prior to law school, she worked as a scientific researcher, where her work studying protein dynamics of photosynthesis using genetically modified bacteria and laser spectroscopy was published in the prestigious journal Science.

Prof. Laser has a J.D. from The George Washington University Law School (World Champion, International & North American Lachs Space Law Moot Court Competition; Research Assistant, Professor Lawrence Cunningham; Notes Editor, American Intellectual Property Law Association Quarterly Journal); and a B.S. from Arizona State University, Barrett Honors College (Beckman Scholar; Biochemistry Award).

This lecture will trace the origins of the political movement that expressed itself violently at the Capitol Riot on January 6, 2021, the schisms in modern American society resulting in the current domestic terrorism threat, and strategies for preventing future violence from this movement.

Speaker:
David H. Schanzer

David H. Schanzer is a Professor of the Practice at the Duke Sanford School of Public Policy and Director of the Triangle Center on Terrorism and Homeland Security. In these capacities, he teaches courses, conducts research, and writes about national security issues, with a focus on domestic terrorism, counterterrorism, Middle East policy, and the intersection of technology and security. 

Schanzer is a frequent commentator on domestic and national security issues. He is the author of over 60 op-ed columns and has appeared on international, national, and local television and radio. Schanzer is currently a guest curator for the National Law Enforcement Museum and Memorial’s exhibit commemorating the 20th anniversary of 9/11. He created two free on-line courses – Understanding 9/11 and Responding to 9/11 – on the Coursera platform that have been used by approximately 20,000 people around the globe. 

Schanzer is the lead author of three National Institute of Justice funded studies: “Engaging Communities to Prevent Violent Extremism: A Review of the Obama Administration’s CVE Initiative,” (2019), “The Challenge and Promise of Using Community Policing Strategies to Prevent Violent Extremism” (2015) and “Anti-Terror Lessons of Muslim Americans” (2010). 

Prior to his academic appointment, Schanzer was the Democratic Staff Director for the House of Representatives Committee on Homeland Security from 2003-2005. He previously served as the legislative director for Senator Jean Carnahan (2001-2002), counsel to Senator Joseph R. Biden, Jr. (1996-1998), and counsel to Senator William S. Cohen (1994-1996). His positions in the executive branch include Special Counsel, Office of General Counsel, Department of Defense (1998-2001) and Trial Attorney, United States Department of Justice (1992-94). Schanzer was a clerk for United States District Judge Norma L. Shapiro and in the Office of the Solicitor General of the United States. 

Schanzer is a graduate of Harvard College, where he received a B.A. cum laude in Government in 1985 and the Harvard Law School, where he was an editor of the Harvard Law Review from 1987-1989. 

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The Cleveland State Law Review and C|M|LAW IPTA's First Annual Symposium, presented virtually at CSU Cleveland-Marshall College of Law in Cleveland, Ohio 

Keynote speaker: 
Judge Kathleen O’Malley of the Federal Circuit  

Featuring panels on why innovation keeps general counsels up at night, how intellectual property and innovation law can respond to emerging tech like blockchain, artificial intelligence, and medical innovation, academics presenting new theories and proposed changes to innovation law, and financial experts on the valuation and market for innovation assets.

It will be an event you won't want to miss! 

Registration:

Those seeking CLE credit - $99: Register Here

Those not seeking CLE credit - Free: Register Here

Agenda:

9:30am - 9:45am: Welcoming Remarks – Dean Lee Fisher, John Cipolla, Chair, C|M|LAW IP Advisory Council, Professor Christa Laser, Nathan Hill, CSLR

9:45am - 10:30am: Intellectual Property Strategy, Monetization and Liquidity: An Update on How Companies are Analyzing, Managing and Leveraging their Intellectual Property.

This session will start with an overview of the patent market including data on who is buying IP, who is selling IP, the size of the transactions and the price that companies can expect in any patent deal. Next, the panel will transition into a discussion of IP strategy and what companies are doing to manage and right-size portfolios, steps on how to ensure that the IP a company generates is strategic and cost-effective. Finally, the panel will discuss how litigation finance is a tool that can be used to monetize patent assets and how the litigation finance market has evolved over the last few years.

Panelists

• Russ Binns, CEO, Allied Security Trust
• Katharine Wolanyk, Managing Director, Burford Capital
• Karl Maersch, CEO, West Four IP

10:30am- 11:45am: What Keeps General Counsels Up at Night?

The scope and responsibilities of the General Counsel have increased in importance during the past year, and GCs have more reasons than ever to be up at night—they are expected to assess and mitigate risk, ensure compliance with emerging regulatory regimes, and manage a budget while advancing the organization’s strategic objectives. Our esteemed panel of GCs from around the country will provide insight into significant areas of concern facing corporate law departments today on topics ranging from privacy and data security, legal risk across multiple jurisdictions, protection of intellectual property assets, and crisis management.

Panelists

• Ann Aber, Joann Stores
• Ed Gecovich, Surgical Theatre
• Lisa Kunkle, Avient
• Nona Lee, Arizona Diamondbacks 
• Jonathan Leiken, Diebold Nixdorf
• Georgia Yanchar, MRI Software 
• Moderated by Ari Sherwin - Senior Legal Counsel, The Sherwin-Williams Company

11:45am-12:10pm: Lunch Break

12:10-12:15pm: Introduction of Federal Circuit Court Judge Kathleen O’Malley by Dean Lee Fisher

12:15-1:00pm: Keynote: U.S. Court of Appeals for the Federal Circuit Judge Kathleen O’Malley

Federal Circuit Judge Kathleen O’Malley will discuss the relationship between intellectual property law and innovation, including how patents incentivize innovation and how innovation laws and policies affect competition.

1:00 pm- 1:15pm: BREAK 

1:15pm- 2:15pm: Emerging Tech

This panel will feature lawyers and industry leaders in emerging technology including blockchain, artificial intelligence, mRNA vaccines, and healthcare. The panel will discuss how changes in technology affect the law and how intellectual property law and society should adjust to address innovation.

Panelists

• Moderated by Christa Laser, Assistant Professor at Cleveland-Marshall College of Law
• Tanveer Kathawalla, founder of Pioneer 1890, former COO of Hedron (formerly Analytical Space)
• Mike Stovsky, Partner and Leader of Firmwide Technology Transactions, Intellectual Property, and Global Data Protection Group at Benesch
• Ahmed Mousa, SVP Corporate Operations & General Counsel at Pieris Pharmaceuticals
• G.I. Zaratsian, founder and CEO of Fandem
• Laura Montoya, Partner at Accel Impact Organizations
• Chris Nalevanko, General Counsel of Zoox

2:15pm- 3:30pm: The Academic Perspective

This panel will include academic experts in the fields of innovation and emerging technology including artificial technology, blockchain, and medical technology. Each academic expert will present research on a topic related to one of the included areas and discuss how their research will affect innovation and emerging technology in the future. 

Panelists

• Carys J. Craig, Associate Professor at the Osgoode Hall School of Law
• Camilla Hrdy, Associate Professor, Akron Law
• Ryan Abbott, Professor of Law and Health Sciences at the University of Surrey School of Law and Adjunct Assistant Professor of Medicine at the David Geffen School of Medicine at UCLA
• Charlotte Tschider, Assistant Professor of Law at the Loyola University Chicago School of Law

3:30-4:30pm: Happy Networking

Bring your beverage of choice for afternoon entertainment and networking, including pub trivia and prizes.

Thank you to our sponsors: Benesch, Renner Otto, and John Cipolla.

Join us for this special Law Day program featuring U.S. Senator Sherrod Brown giving his reflections on the January 6th Capitol insurrection with moderator U.S. District Judge Benita Y. Pearson '95, Northern District of Ohio.

Law Day is held annually by the American Bar Association to celebrate the role of law in our society and to cultivate a deeper understanding of the legal profession.

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U.S. Senator Sherrod Brown

A lifelong Ohioan, Senator Sherrod Brown has spent his career fighting for the Dignity of Work – the idea that hard work should pay off for everyone, no matter who you are, where you live, or what kind of work you do.

He has held nearly 500 roundtables across Ohio, because he believes the best ideas don’t come out of Washington – they come from conversations with Ohioans. Senator Brown serves as Chairman of the Senate Banking, Housing and Urban Affairs Committee. He also serves on the Finance Committee, the Agriculture Committee, and is the longest serving Ohioan on the Veterans’ Affairs Committee.

Sherrod was born and raised in Mansfield, Ohio, where he earned his Eagle Scout award and spent summers working on his family’s farm. He is married to author and Pulitzer Prize-winning columnist Connie Schultz. They live in Cleveland, Ohio, with their rescue dogs, Franklin and Walter, drive Jeeps made by union workers in Toledo, and have three daughters, a son, a daughter-in-law, three sons-in-law, and eight grandchildren.

The Honorable Benita Y. Pearson '95

Judge Pearson was appointed to serve as United States District Judge for the Northern District of Ohio by President Barack Obama on December 27, 2010, making her the first African American female to serve as a United States District Judge in the State of Ohio. Prior to her appointment as District Judge, Judge Pearson served the Northern District of Ohio as a Magistrate Judge following her appointment on August 29, 2008.

Judge Pearson’s service as a judicial officer was preceded by an eight-year tenure as an Assistant United States Attorney for the Northern District of Ohio, where she distinguished herself while prosecuting several high-profile cases. She was also a litigator in private practice, and served as a Judicial Law Clerk for the Honorable John M. Manos.

Born in Cleveland, Ohio, Judge Pearson is a graduate of Hathaway Brown School, Georgetown University and Cleveland State University’s Cleveland-Marshall College of Law (1995), where she has served as an adjunct professor. She is a member of the C|M|LAW Hall of Fame.

Among her numerous professional and community activities, she is Past President and founding member of the Nathaniel R. Jones Inn of Court, and serves on committees of the Judicial Conference of the United States, and committees for the Sixth Circuit Court of Appeals.

Co-Sponsors

Sherrod Brown U.S. Senator for Ohio

CSU Cleveland-Marshall College of Law

The Nathaniel R. Jones American Inn of Court

The Willian K. Thomas American Inn of Court

The Morrison R. Waite American Inn of Court

The Judge John M. Manos American Inn of Court

The Charles F. Scanlon and Judge Samuel H. Bell American Inn of Court

Case Western Reserve University School of Law

University of Dayton School of Law

University of Toledo College of Law

Capital University Law School

Ohio Northern Pettit College of Law

The Ohio State University Moritz College of Law

University of Cincinnati College of Law