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Thursday, May 21, 2015

Meeting at the NYC Bar on Student Privacy May 26, 7-9PM. Joseph Baranello Speaks on Student Privacy?

I think that the choice of speakers at this event is amusing. Joe Baranello is in Court right now, defending his non-compliance with FOIA and FOIL, or Freedom of Information Law.

Student Data Privacy in an Online, Personalized Learning World

Tuesday, May 26, 2015, 7:00 pm - 9:00 pm
Please sign in to register.

City Bar members: Free
Non-members: $25
IAPP members: Click here to register
What are the privacy tradeoffs when schools use cloud-based adaptive learning tools? Does current federal law (FERPA, COPPA) provide a sufficient framework for safeguarding student privacy and information security? How can service providers to schools use student data, and when are they required to obtain parental consent? What kind of data is "Student Record" data, and what constitutes a "legitimate educational interest" under FERPA? When is it permissible to transfer or make Student Records accessible to other school districts or third parties? Are there tradeoffs between enhanced privacy and furthering research that can enhance education? Do adaptive learning tools provide real educational benefits or are they just hype? How do the ADA and IDEA apply in the context of these tools?
Moderator: Laura Himelstein, Education and the Law Committee Member
Speakers: Joseph A. Baranello, Chief Privacy Officer and Agency Counsel, New York City Department of Education; Professor Joel Reidenberg, Founding Academic Director, Center on Law and Information Policy; Li Reilly, Deputy General Counsel, Amplify Education, Inc.; Tina Sciocchetti, Executive Director for Test Security and Educator Integrity and Interim Chief Privacy; Officer, NYS Department of Education; Katherine Varker, Associate General Counsel, McGraw-Hill Education
Sponsored by: Committee on Education and the Law, Christine Raniga, Chair; Committee on Children and the Law, Meredith Hamsher, Chair; Committee on Information Technology, Joshua Graubart, Chair
Co-sponsored by: International Association of Privacy Professionals
NY CLE Credit: 2.0 professional practice
and below is Laura Himelstein's Linkedin page:

Laura (Sigal) Himelstein

Vice President & Assistant General Counsel at EXL Service
Greater New York City Area
Law Practice

  1. ExlService
  1. Association of the Bar of the City of New York, Education and the Law Committee,
  2. Robinson & Cole LLP,
  3. Greenwald Doherty LLP
  1. Fordham University School of Law


Experienced negotiator and subject matter expert in information technology and outsourcing transactions, data privacy, intellectual property, employment law and litigation. As Vice President and Assistant General Counsel at EXL Service (a public business process solutions company), handles major client negotiations, manages the company’s intellectual property portfolio, advises on data privacy and employment matters, and regularly works with senior management on policies and training programs.

Prior to joining EXL, worked in-house at Deutsche Bank, as outside counsel at Brown Raysman and other law firms, and in government for the City of New York. Earned a B.A. in Philosophy from Yale College and a J.D. from Fordham Law School.

Serves on the Education and the Law Committee of the New York City Bar Association, and previously served on telecommunications, employment and information technology law committees at the City Bar and the Fairfield County Bar Association.


Vice President & Assistant General Counsel

– Present (4 years)New York, NY
-- Negotiate and draft contracts for business process outsourcing and data analytics services provided by EXL to insurance, financial services, healthcare and other large global companies
-- Negotiate and draft partnership and license agreements with technology companies
-- Internal subject matter expert and liaison with outside counsel for intellectual property matters
-- Legal resource for company's global privacy office, covering all aspects of information security and privacy law including HIPAA
-- Legal resource for HR, handling all aspects of employment law
-- Oversee certain litigation matters


Association of the Bar of the City of New York, Education and the Law Committee
(11 years)


Robinson & Cole LLP
(less than a year)
• Outsourcing, transitional services, software and content licensing, software and website development, maintenance, application service provider and hosting, e-commerce, telecommunications, cable programming and strategic alliance transactions
• Commercial litigation in federal and state courts in Connecticut and New York
• Employment litigation and counseling


Greenwald Doherty LLP
(3 years)
• Draft information technology, licensing, restrictive covenant, employment agreements
• Represent management in litigation in federal and state courts, mediations, pre-litigation negotiations, and agency proceedings, including cases involving employment discrimination, breach of fiduciary duty, unfair competition, tortious interference, misappropriation of trade secrets and confidential information, and breach of contract
• Counsel clients on unemployment, performance management, termination, accommodation and other compliance issues

Vice President & Counsel

Deutsche Bank
(2 years)
Information Technology Group:
• Initially seconded to implement a global off-shoring initiative and then hired as in-house counsel
• Handled outsourcing, software and content licensing, software development, maintenance, equipment procurement and professional services transactions
• Addressed privacy, data security, export, corrupt practices and other compliance issues
• Responsible for drafting and negotiating agreements, counseling clients, managing outside counsel and developing strategy


Brown Raysman Millstein Felder & Steiner LLP (n/k/a Thelen Reid Brown Raysman & Steiner LLP)
(8 years)
Information Technology:
• Drafted and negotiated master agreements and service level agreements for software and content licensing, software development, application service provider and hosting, outsourcing, transitional services, maintenance, professional services, e-commerce fulfillment, telecommunications and other information technology transactions
• Counseled clients regarding strategic alliances and resolution of contractual disputes
• Analyzed and advised clients regarding export regulations
• Represented numerous major global corporations as well as startup companies

• Litigated cases with intellectual property, information technology, unfair competition, contract, fiduciary duty, fraud, defamation, employment, real estate, bankruptcy and procedural issues

• Drafted and negotiated merger, venture capital and equipment procurement agreements
• Prepared securities filings and corporate documentation

Director & Assistant General Counsel for Cable Television Franchising & Policy

New York City Departent of Information Technology & Telecommunications
(1 year)
• Drafted and negotiated cable television franchise renewal agreements
• Enforced and analyzed regulations applicable to New York City cable companies

Assistant Corporation Counsel

New York City Law Department
(3 years)
General Litigation Division:
• Litigated education, employment discrimination, civil rights and civil service cases
• Represented the New York City Board of Education and New York City Department of Correction in a class action lawsuit, Handberry v. Thompson, concerning regular and special education for school-aged inmates
• Counseled senior agency officials and negotiated settlements

Development Specialist

Wave, Inc.
(2 years)
• WAVE is a national dropout prevention and training program for at-risk youth in middle schools, high schools and community-based programs
• Wrote grant proposals and project reports, researched grant criteria of corporations and foundations, and participated in national conferences for professionals and youth


Fordham University School of Law

J.D., Law
Activities and Societies: Moot Court, Urban Law Journal

Yale University

B.A., Philosophy

Horace Mann School

High School
Activities and Societies: National Merit Scholar