CyberLaw and Business Report

Bennet Kelley launches our annual coverage of the 2018 Miami Book Fair series with radio host and political commentator Bill Press. He talks about Trump and a life in the crossfire as he discusses his books, TRUMP MUST GO: The Top 100 Reasons to Dump Trump (and One to Keep Him) and From the Left:  Life in the Crossfire. 

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Bill Press is host of The Bill Press Show, simulcast on Free Speech TV. He is the former co-host of MSNBC’s Buchanan and Press and CNN’s Crossfireand The Spin Room. Press is the author of several books including The Obama Hate Machine and Trump Must Go: The Top 100 Reasons to Dump Trump (and One to Keep Him). His memoir, From the Left: A Life in the Crossfire (Thomas Dunne Books), has been named a Washington Post bestseller. The name Bill Press is synonymous with honest journalism, intelligent commentary, and progressive politics. But based on where he came from, it's a wonder he didn't end up a Trump voter. He grew up in a blue-collar family in a small town in Delaware south of the Mason-Dixon line, where segregation was the rule. So what went right for him that he swerved so far to the left? In From the Left, Press shows this gradual transformation, starting with two years of studies in Europe and a providential escape to California. From Sacramento he made his way to Southern California television and talk radio as a political commentator and liberal talk show host. Jumping to Washington and national cable TV, Press hosted Crossfire and The Spin Room on CNN, and Buchanan and Press on MSNBC. If you're already on the left, you'll cheer a fellow traveler. If not yet there, you soon will be. In Trump Must Go: The Top 100 Reasons to Dump Trump (and One to Keep Him) (Macmillan) TV and radio host Bill Press offers 100 reasons why Trump needs to be removed from office, whether by impeachment, the 25th Amendment, or the ballot box. Beginning with the man himself and moving through Trump’s executive action damage, Press covers Trump’s debasement of the United States political system and destruction of the Republican Party. In a political climate where the world has learned to expect the unexpected, Press offers readers a twist: one reason not to ditch Donald Trump.

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Dubbed “the leading national watchdog of state and local economic development subsidies” and “God’s witness to corporate welfare,” Greg founded Good Jobs First in 1998 upon winning the Public Interest Pioneer Award. He has been training and consulting for state and local governments, associations of public officials, labor-management committees, unions, community groups, tax and budget watchdogs, environmentalists, and smart growth advocates more than 30 years.
Greg backed into subsidy reform accidentally, while creating a national consulting practice against plant closings from Chicago from the early 1980s through the mid-1990s. He is associate producer of the 1984 PBS documentary The Last Pullman Car and consulted for state agencies in Illinois, New York, and Washington State. His 1986 Early Warning Manual Against Plant Closings (upon which he trained all 50 states’ Dislocated Worker Units under contract to the U.S. Department of Labor) and his 1989 study “Intervening With Aging Owners to Save Industrial Jobs” (the first study to quantify the risk of job loss due to a lack of succession planning) set precedents that guided many public agencies and non-profits.
Numerous plant closings he worked on involved abuse of economic development subsidies; factories that had received past incentives were now being shuttered. Usually, the fine print revealed that such abuses were technically legal; those revelations lead to public outrage and the enactment of clawbacks and other safeguards to prevent future waste. Sometimes there was a basis for legal challenge: in 1987, Greg wrote a study that triggered the City of Duluth’s successful lawsuit against Triangle Corporation; the nationally-reported verdict arrested the closure of that city’s largest factory, Diamond Tool, based on an Industrial Revenue Bond contract. Between 1990 and 1992, he assisted the Oil, Chemical and Atomic Workers in Elkhart, Indiana in their multiple-abuse lawsuit against American Home Products that settled for $24 million on the eve of trial.
Collecting the reforms prompted by these revelations (clawbacks, disclosure, job quality standards, etc.), Greg wrote No More Candy Store: States and Cities Making Job Subsidies Accountable in 1994. It was lauded by the International Economic Development Council as “very impressive research” and reviewed by the National Conference of State Legislatures a “famous polemic that contends that subsidies for economic development are mere corporate giveaways, and that calls for greater accountability and public restraint.”
Founding Good Jobs First in Washington, DC in 1998, partnering with the Fiscal Policy Institute to launch Good Jobs New York in 2000, and welcoming the Corporate Research Project in 2001, Greg has built a full-service resource center for constituency-based organizations and public officials seeking to reform economic development. Since its first report in 1999, Good Jobs First has issued more than 100 studies, setting a long string of influential research precedents about economic development subsidies.
Good Jobs First’s 50-states-plus-DC “report card” studies, such as “Show Us the Subsidized Jobs,” have made it de facto the arbiter of best state and local practice in transparency (disclosing deal-specific costs and benefits online). It is also the go-to source on best practices for job creation and job quality standards, and for enforcement including “clawbacks,” or recapture safeguards. Led by research director Phil Mattera, Good Jobs First research analysts Leigh McIlvaine, Tommy Cafcas and Kasia Tarczynska monitor subsidy news in all 50 states and provide front-line technical assistance.
In response to GJF’s 2003 study, A Better Deal for Illinois, that state enacted the nation’s best subsidy disclosure system. In 2005, New York City enacted the best local disclosure ordinance in the nation (enhanced in 2010) after repeated agitations by Good Jobs New York’s Bettina Damiani with the NYC Industrial Development Agency.
Greg’s 2005 book The Great American Jobs Scam: Corporate Tax Dodging and the Myth of Job Creation (Berrett-Koehler Publishers) was widely reviewed by daily newspapers, specialty tax and development publications, C-Span’s Book TV, The New York Review of Books, Publishers Weekly and Library Journal. Business Week called it a “powerful compendium of corporate tax dodging in the U.S.” and State Tax Notes wrote: “meticulously documented …scrupulously accurate …evocative storytelling…”
He has book chapters in Building Health Communities: A Guide to Community Economic Development for Advocates, Lawyers, and Policymakers (American Bar Association, 2009) and Breakthrough Communities: Sustainability and Justice in the Next American Metropolis (MIT Press, 2009).
Greg summarizes the job-creation benefits of smart growth for working families in this article in Urban Habitat’s Race, Poverty and the Environment entitled “Public Transit and Urban Density Create More Good Jobs.”

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Jonathan Casey is Director of Archives and the Edward Jones Research Center at the National WWI Museum and Memorial in Kansas City, Mo. He has been with the Museum and Memorial since April 2001. Casey was integral to the planning, developing and opening the organization’s massive expansion, which featured significantly enhanced exhibition space and a new research center that opened in 2006. He manages the Museum and Memorial’s two-dimensional collection of approximately 100,000 items and the Edward Jones Research Center library of approximately 10,000 titles. Casey has delivered numerous programs at the Museum and Memorial and in other venues across the world. He has traveled to WWI sites in Italy and Bosnia-Herzegovina, including visiting the site of the assassination of the Austro-Hungarian Archduke Franz Ferdinand in Sarajevo on the 100th anniversary of the event in 2014. The Virginia native graduated from the College of William and Mary in Williamsburg, Va., with a bachelor’s degree in history and from the University of Kansas with a master’s degree in Museum Studies. He and his family reside in Kansas City, Mo.
National WWI Museum and Memorial
Soon after World War I ended, Kansas City leaders formed the Liberty Memorial Association (LMA) to create a lasting monument to the men and women who had served in the war. In 1919, the LMA and citizens of Kansas City raised more than $2.5 million in just 10 days. The equivalent of roughly $34 million today, this staggering accomplishment reflected the passion of public sentiment for the Great War that had dramatically changed the world.
In 2004, the Museum and Memorial was designated by Congress as the nation’s official World War I Museum, and construction started on a new 80,000-square-foot, state-of-the-art museum and the Edward Jones Research Center underneath the Liberty Memorial.

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Matthew Schaefer, a Partner at the law firm Brann Isaacson, has focused for nearly 20 years on state tax matters and contested proceedings before courts and administrative tribunals.  He was co-counsel before the U.S. Supreme Court for the Respondents in South Dakota v. Wayfair Inc., 135 S.Ct. 2080 (2018) and for the Petitioner in Direct Marketing Association v. Brohl, 135 S.Ct. 1124 (2015).  Matthew advises numerous e-commerce vendors, multi-channel merchants, and trade associations, and has represented the challengers in nearly every leading court case testing the constitutionality of state “economic presence” laws that impose burdensome tax and regulatory obligations on remote sellers.
Matt is a co-author of ‘Eyes on eCom Law,’ a blog that reports on legal developments of interest to direct marketers and online sellers.
Brann Isaacson is unique among its peers—a boutique law firm grounded in Maine that represents over 100 large and small online and multichannel companies across the country. The firm is general counsel to L.L. Bean, one of the most prominent and admired retailers in the industry. Today, we advise many of the companies in the Internet Retailer’s Top 500 Guide, as well as many small companies that hope someday to be included in that list.
Brann Isaacson is based in Lewiston, Maine which is approx. 40 miles north of Portland and 135 miles north of Boston.  It was in Lewiston where Muhammad Ali had his first title defense, knocking out Sonny Liston in the infamous phantom knockout.

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In his most recent government role as the nation’s top cyber diplomat, Mr. Painter coordinated and led the United States’ diplomatic efforts to advance an open, inter operable, secure and reliable Internet and information infrastructure and advised the Secretary and Deputy Secretary of State on these emerging issues. The pioneering office that Mr. Painter established — the Office of the Coordinator for Cyber Issues —was the first high-level position and office dedicated to advancing the diplomatic aspects cyber issues ranging from national security to human rights matters anywhere in the world. Today more than 25 countries have created similar positions. In this role, Mr. Painter worked closely with the White House, other agencies, the private sector and civil society to create and implement US international cyberspace policies. These cross-cutting issues include promoting norms of responsible state behavior and cyber stability, preventing cyber conflict, enhancing deterrence, advancing cybersecurity, fighting cybercrime, promoting multi-stakeholder Internet governance and advancing Internet freedom. Among many other things, Mr. Painter was instrumental in negotiating a landmark agreement regarding the theft of intellectual property with China, negotiating a comprehensive cyber cooperation agreement with India, using diplomatic and other tools to combat high-profile cyber attacks and intrusions, and launching first of their kind “whole of government” cyber dialogues and capacity building programs with dozens of countries in Europe, Asia, the Americas, the Middle East and Africa. He and his team also spearheaded the promotion of an international framework of cyber stability that includes building a consensus around norms of acceptable behavior and getting agreement on transparency and confidence-building measures designed to reduce the risk of miscalculation that could inadvertently lead to cyber warfare.

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Cameron Kerry joined Governance Studies and the Center for Technology Innovation at Brookings as the first Ann R. and Andrew H. Tisch Distinguished Visiting Fellow in December 2013. In addition to his Brookings affiliation, Cameron Kerry is Senior Counsel at Sidley Austin, LLP in Boston and Washington, DC, and a Visiting Scholar the MIT Media Lab. His practice at Sidley Austin involves privacy, security, and international trade issues. Kerry served as General Counsel and Acting Secretary of the United States Department of Commerce, where he was a leader on a wide of range of issues laying a new foundation for U.S. economic growth in a global marketplace. He continues to speak and write on these issues, particularly privacy and data security, intellectual property, and international trade.
While Acting Secretary, Cameron Kerry served as chief executive of this Cabinet agency and its 43,000 employees around the world, as well as an adviser to the President.  His tenure marked the first time in U.S. history two siblings have served in the President’s Cabinet at the same time.
As General Counsel, he was the principal legal adviser to the several Secretaries of Commerce and Commerce agency heads, and oversaw the work of more than 400 lawyers across these agencies.  He was a leader in the Obama Administration’s successful effort to pass the America Invents Act, the most significant overhaul of the patent system in more 150 years.  As co-chair of the National Science Technology Council Subcommittee on Privacy and Internet Policy, he spearheaded development of the White House blueprint on consumer privacy, Consumer Data Privacy in a Networked World.   He then led the Administration’s implementation of the blueprint, drafting privacy legislation and engaging on privacy issues with international partners, including the European Union.  He helped establish and lead the Commerce Department’s Internet Policy Task Force, which brings together agencies with expertise in the 21st Century digital economy.
He also played a significant role on intellectual property policy and litigation, cybersecurity, international bribery, trade relations and rule of law development in China, the Gulf Oil spill litigation, and many other challenges facing a large, diverse federal agency.  He travelled to the People’s Republic of China on numerous occasions to co-lead the Transparency Dialogue with China as well as the U.S./ China Legal Exchange and exchanges on anti-corruption.
Before his appointment to the Obama Administration in 2009, Cameron Kerry practiced law at the Mintz Levin firm in Boston and Washington.  His practice covered a range of complex commercial litigation and regulation of telecommunications.  He tried cases involving significant environmental and scientific evidence issues and taught telecommunications law as an adjunct professor at Suffolk University Law School.
Prior to joining Mintz Levin, he was an associate at Wilmer Cutler Pickering in Washington, D.C. and a law clerk to Senior Circuit Judge Elbert P. Tuttle of the United States Court of Appeals for the Fifth Circuit.  During the 2004 presidential campaign, Cameron Kerry was a close adviser and national surrogate for Democratic nominee John Kerry. He has been deeply involved in electoral politics throughout his adult life. He is a magna cum laude graduate of Boston College Law School (1978), where he was winner of the school’s moot court competition and a law review editor. and a cum laude graduate of Harvard College (1972).
Cameron Kerry also has been actively engaged in politics and community service throughout his adult life.  In 2004-04, he was a senior adviser and national surrogate in the U.S. Presidential campaign, traveling to 29 States and Israel.  He has served on the boards of non-profits involved in civic engagement and sports.

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The Senate will begin hearings on D.C. Circuit Judge Brett Kavanaugh’s nomination to the Supreme Court immediately after Labor Day.  The nomination is mired in controversy after Republicans insisted in 2016 that it was improper to consider a nominee so close to an election and are now trying to push the nomination through without permitting a proper vetting of his record.
The EFF’s Camille Fischer, Corynne McSherry and Shahid Buttar recently published “Questioning Kavanaugh About Digital Privacy and Net Neutrality.”
Camille Fischer joins us to talk about the Kavanaugh nomination which the San Jose Mercury has called Kavanaugh’s nomination a “disaster for the technology industry and the users of tech products.”  See Is Judge Kavanaugh a “Disaster” For Tech?, Cyber Report.
Now, with Michael Cohen’s guilty plea implicating President Trump and raising questions about the legitimacy of the Trump presidency, Democrats have found a new line of attack against the nomination.
I have cancelled my meeting with Judge Kavanaugh. @realDonaldTrump, who is an unindicted co-conspirator in a criminal matter, does not deserve the courtesy of a meeting with his nominee—purposely selected to protect, as we say in Hawaii, his own okole.

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Mark serves as senior product and privacy counsel to Fortune 500 and 100 companies. A zealous advocate of privacy by design, Mark counsels end-to-end privacy implementation in all aspects of product development and go-to-market strategies.
A frequent lecturer and speaker on US / EU comparative privacy laws and GDPR compliance best practices and strategies, Mark currently serves as Chairman of the Internet and Privacy Law Committee of the Business Law Section of the California Lawyers Association (formerly, the State Bar of California). Mark has been counseling on global privacy laws since 2004 and is a member of the International Association of Privacy Professionals.
Currently serving as embedded Senior Counsel at Autodesk, Inc., through Paragon Legal, acting as lead legal business partner for two business units, implementing privacy by design while helping build a new business and bring a new SaaS solution to market. Mark has advised companies around the world at all stages, from Fortune 100 to startups, on global privacy compliance, product development, and go-to-market strategies.

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Bennet Kelley speaks with Jared Gordon, an attorney in the Business Practice Group of McCormick Barstow, LLP and Joshua de Larios-Heiman, CIPP/US,  the founder and managing director of Data Law, They discuss various issues in the California State Legislature including new privacy law, net neutrality and an email bill.

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