Transcripts For CSPAN3 Tech Innovation Panel At American Bar

CSPAN3 Tech Innovation Panel At American Bar Association July 14, 2024

Around the country, mix of practice areas from construction to commercial to tort to business to criminal law, and our charge is to put together a small selection of the very best cutting edge interesting programs we can at the aba annual meeting every year. Fall of 2018, we started with 50 submissions. We looked for those that would be the most special, most exceptional, and we were lucky to have a proposal from the science and Technology Section and our moderator, heather raptor entitled shaping our future, Top Tech Company lawyers on innovation and social responsibility. And it was an easy choice for us to include. The program wasnt planned as all womens panel. Just happened to work out that way. We have so many amazingly top talented women gcs in the Tech Community in the bay area and elsewhere that it naturally fell together. Were lucky to have this group for us today. Few housekeeping notes, heather covered one of them. Cle materials are available in the app. Second, please turn your cell phone to silent if you havent already. Third, we welcome your feedback in the app. Theres a cle showcase survey. Your comments are appreciated if you can provide them. The moderator, heather raptor, has been providing Legal Services to Digital Media industry over 25 years. Shes a principal at raptor marsh in the bay area, a gc herself, the audio portion of after i did technologies, and she was former chair of science and Technology Section as mentioned before. Heather, youve got an amazing group. Take it away. Thank you, lawrence. Theres some days you have to hold yourself down, breathe deeply, say im so excited. This time has arrived when we have this panel. Little bit of background, i might embarrass someone sitting there, rao combo. He is a leader in the aba generally. Received a lot of awards for helping women and diversity. He is the reason i got involved in the aba. He is also the reason when i decided to put together the panel this year, i reached out to dorian, i believe it is fair to say ray was dorians mentor, dorian daily. Really grateful to him. We have been doing programs on the future of technology, excuse me, and general counsel programs, ray, for how many years . Since 1997 we started with some named roberta cats, whats the future of the internet, we have done cloning, we have done one on nano tech. We had so many phenomenal general counsels joining us. I am so pleased today about who we have. There was some serendipity that it is all female panel, getting dorian to sign on first, also further encouraged that. And it fell into place. For ease of everyone, i will have folks introduce themselves in a minute. Youll see everyones name up there. And the way you can see howhos who, if you dont download the app, but we encourage you to download it, well go by company. Lyft is first. Kristin servicheck. And after kristin, dev from microsoft. And then next up dorian daily from oracle. And always last but not least, so excited, kathy hints from 23 and me to remind us theres biotech and science, not just biotech, the world i know well. The idea from this program you might have read about it in the descriptor, ill briefly go over it, what were trying to achieve today, so it is lyft, microsoft, oracle and 23 and me. Exactly that order. Some of the most transformative Tech Companies shaping the way we think tech and science and biotech, shaping the way we think about privacy and cutting edge legal issues from ai to autonomous driving cars to genetic testing to facial recognition to cyber security. The list is phenomenal. The challenge today is to talk about not just as much as we can can on these topics but how the general counsels contemplate thinking about future technologies and how we should shape regulation and the law. These companies that i mentioned have been leading the way on policies also to encourage diversity in the workplace. In this round table we will explore how tech leaders perceive roles in shaping socially responsible policies, addressing emerging areas of the law, and anticipating future challenges. I very much hope were going to have a lively conversation. Centered around what innovation and Corporate Responsibility really means in 2019 and i hope youre hearing less and less from me and a lot more from the speakers. So when you also, if you download the app, youll find incredible plethora of wonderful information, thank you sigh tech for articles on topics well be talking about. Thank you to the general counsels with us who are social influencers, a new concept for general counsel, many have blogged, many added names to innovative policies that are improving the world. And were going to talk about that. You can see their materials and those of their companies in the annual meeting programs. If you have problems finding those, come to me afterwards. With that, im going to not talk as much and im going to transition. When i was general counsel of a company for 14 years, our biggest challenge was a Company Called digi design. When i started there in 1994 and in 2008, biggest thing the company was grappling with was converting music from and log to digital. I thought it was such a transformative concept, in many ways it was. It led to the whole Digital Content economy, led to questions about digital copying and streaming. But honestly, that seems narrower in scope. Back then it was huge, it changed how we consume content to issues these folks are grappling with. Am i cant wait to hear how they fall asleep at night, how they wake up handling these tasks. Were going to start alphabetically. Kristin, i was thinking about you, special thanks to my son alex that works at lyft and connected us. I keep thinking you started at this company. Give us a little about your background and then im going to ask you a few crazy questions. Sure. Hi, everyone. So nice to be here. Thank you, heather and also so excited to be in this company, really incredible. Little bit of feedback. So i started at lyft almost seven years ago, but my history with the company goes back a few years before that. I was outside Corporate Counsel for the investors and sim ride, lyfts Predecessor Company in 2010 when they raised a million dollars, at the time a huge amount of money for the company, and was really fortunate to take over as outside Corporate Counsel for a few years after that. It was there at the original Board Meeting when the cofounders talked about the ridesharing concept, the concept was moving this zim ride online car pooling platform to mobile. What do they have to tweak about the Business Model to make it work on mobile. And that moment when all the Board Members swivel their head at me and say is that legal. And my answer was maybe. Laws really werent written for this use case. Transportation laws couldnt have possibly contemplated what was then being talked about. About six months later which was november of 2012 i jumped on board with this crazy Young Company with 30 employees, fuzzy pink mustaches which a lot of locals will remember, didnt know if the company would be around a year. Didnt know if we were going to be legal in one market, san francisco, that we were in at the time. And you know, here we are almost seven years later, a Public Company which was this years big achievement, all over the United States and canada. And so it has been thats a version of an incredible journey. The ipo was very exciting. Were not supposed to brag about our children, but my son worked with her on that. All right. Okay. Dev. Interesting when i talked with dorian about putting together this panel, shes like you must get dev. Shes is not local, shes in redmond, i dont know if they come to Silicon Valley. I pushed and pushed and happen to know devs predecessor, brad myt smith, he was helpful encouragement, well talk about his book later. When you think about microsoft, you probably have no clue, i didnt until i did research, read brads book, about how they have their hand in everything and are really leading the way to think thought fully about technologyin technologies so far in the future, how to get their arms around them, come up with policies, work with other companies and governments. Take it away, best you can, in the few minutes explaining this huge world youre involved in. Ill start quickly. I am the newest general counsel among this group. I have been in my role at microsoft for about 16 months. I was at microsoft 13 years before that, leading the hr legal function. Made a transition from having a role relatively narrow, incredibly deep to jumping into a broad role where there are days, every day you get up, theres something new, it is a different issue. It has been a fantastic transition. Its an interesting time to be general counsel in tech for sure. I wake up every day. The issue is different, but there are some recurring themes. A lot of it are things well talk about here. Its issues where technology is moving so quickly that it is outpacing social dialogue about it, outpacing regulation. Places where i spend time on that, and we are definitely thinking about at microsoft, facial recognition, artificial intelligence, just data handling and privacy, thats fundamental to all our companies. So just look forward to dialogue about it here. Terrific. Thank you. You were the first believer in this program, and when we were trying to figure out who to get, you never gave up and helped assemble this. Thank you very much. Again, i see you taking the leadership role greg used to have. I am dorian daley. Ey. My story is simple. I started at oracle 27 years ago. Ray hired me in the Litigation Group. I was a member of the Litigation Group for many, many years. I ultimately became head of the Litigation Group, oversaw litigation worldwide, and investigations, and in 2007, was asked to be general counsel. It was a relatively easy transition for me. I have been there a long time. I knew the company, i knew the management team, i knew the board. I understood the trajectory of the company and when my predecessor decided to step down and move to another company, another tech company, he did ask me to step in as interim general counsel and said he wanted to recommend that to the then ceo and the president. But he wanted me to agree to it first, said of course, but yall need to make a decision about the general counsel position quickly because it creates disruption within an organization. The next day the president of the Company Called me and said, i remember, i was driving down the peninsula, she was driving up the peninsula, called me on the phone, said i heard dan asked you to be interim general counsel, but larry and i think you should be the general counsel, why make it temporary. We want you to do it. I told her this was the strangest job offer i had ever received in my life. But of course took it because it was it has been an exciting place. Having been in litigation, you get visibility into all of the different areas of practice. So that made it an easy transition as well. I did think gosh, i do so much for them with litigation, i have my hands in so many Different Things, how much more difficult and challenging can it be. It can be more difficult and challenging. But at the same time, incredibly exciting, incredibly fun, fantastic team that im proud of. Some people have been there since before i was there, a lot of new people we brought on, and i think were up for the new challenges. As we develop new technologies, as new technologies emerge, figure out how to enhance them, use them for customers, and at the same time do exactly what customers want us to do, which is drive their success, their businesses and their security. So it has been a wild ride. Really exciting and interesting one. Im still having fun. Thank you. All right, kathy, this summer my mother decided to give us all genetic dna testing kits. She got something on groupon, i dont want to mention what were using, but it led to a lot of personal questions i had about do i want to know about that as i get on in years, do i want to know if certain genetic diseases like alzheimers might be in my future, parkinsons. I dont want to talk about it, do i want my kids putting their information out there. I did reading on the topic, came to the conclusion im glad i dont have your job because it is a hard one. Then when we spoke on the phone, i loved how thoughtfully you approached it, what your no road. It was a physics based company. Everything came out of physics and they along with Hewlett Packard were ph. D. Students that worked on the war effort at stanford. When that ended, stanford essentially enabled those folks if they wanted to start companies, gave them cheap ground leases. Thats why we have page node road. It is the first time i worked in tech or biotech. I knew nothing about physics. I would go to stanford and Berkeley Library to find physics for dummies to learn about it. But i found myself motivated x oh tech. I have been in biotech since then. They make linear accelerators for cancer treatment, thats regulated by the fda, but i went from there to an hiv company where i was general counsel, Public Company, called monogram, and from there i went to genomic health, a Cancer Company in the same space. Then in november of 2013, 23 and me got what is probably the most red warning letter fda has ever given to anyone about the genetic test being sold to consumers. I goltt a call whether i was ta to the founder and ceo of 23 and me. I said sure, i wasnt planning on doing anything other than talking to her, and started that conversation. She asked me if i would do it. My Immediate Reaction was no, but ill help you. But then as i started calling people, talking to them about what the opportunity i saw was, which was that because 23 and me had gotten that warning letter, they had no choice unless they wanted to sell or go out of business except to forge a path that nobody else had forged, then i, myself had been part of several years about how you take information like that and fit it into a regulatory pathway thats largely about physical devices, and the risks that come from things that act on the body as opposed to inflammation, and so after a few months i called her back, i said you know, i said to my husband, i said as i am describing this, i think i might be actually interested in this. I called her back, said might have changed my mind, i might want to do it. She said great, i have been waiting for you to figure that out. So i joined. So it has been a little more than five years. And the first order of business obviously was to address the fda. And we do have five fda clearances, and were the only people that do. And to do that, we essentially had to prove that people could understand the information, which is a really interesting thing to do. And then we have that, we have a novel regulatory path, and we do have consumer issues, data privacy issues, Data Security issues, and all kinds of things that come out of really doing something that is novel, but we think is transformative in terms of the way people look at themselves and the way they might be able to become empowered around knowing what their disease risks are, and mitigating those things, finding out about that before it actually happens. You have a lot more opportunity with some of the things, if you find out earlier. So i was wondering after hearing introductions if there were common themes about how these women, these are role models, going to talk more about technology, i wanted to take a second and just acknowledge that each of you really had to think hard and decide to take on a very big job leading to unknown nery big job leading to unknown i want to applaud you for doing that. I dont know if i would have had the courage to take on a job as big as you guys did. Thank you, it makes me feel comfortable knowing youre leading the way. I just wonder since it is an all woman panel if any of you thought, you know, im going to my son gave me a book, alex, which was like just remember, i cant remember the title, youre a bad ass, theres a book out about that, you can do this. Sometimes when im finding i need incentive, i read that book and think hey, im also doing this to show other women that this is possible. Im curious if that was ever part of your thinking to give you that extra courage to take on these big jobs. Well, i know for me, so i interestingly, kathy, i first said no to the job when it was offered. I had gotten to know the cofounders as outside counsel, and i liked my job as outside counsel. I wasnt looking to go inhouse. But they were pretty persistent. Sounds like exactly in the same way anne was. But i was definitely nervous about taking on this role. I had only ever been done private financing transactions, i had never been inhouse before, certainly never been in general counsel before, i was on the earlier side of my career. I knew that the competitors in the space were hiring people as gc with many more Years Experience than i had. So i was concerned that i wasnt going to be able to live up to what the role required. And i was actually pretty open with the cofounders about the concerns, and they just were like sort of brushed them off, like no, we worked with you a few years, we know what your capabilities are, it will be fine. Yeah. And so i just had to take that at face value, dive in. It has been interesting, over now the course of close to seven years, which feels like 50 years in lyft time, that i outlasted many other gcs at Competitive Companies and other folks. And i have taken the company through the life cycle at this point. I actually just did have to be really sort of sang win and long term focused, little healthy belief in myself. But of course i had all of the doubts taking this job. Although one thing i will say, when i took my job, it wasnt the big job it is today, it was a job for a company that had less than 20 million in funding and 30 employees, might not be around in a year. So i could kind of i knew that the success o

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