2018 All Hands Meeting
October 15 Session
Privacy & Data Security Track Agenda

9:00AM-10:00AM   Theater
Updating Data Law and Procedures - Protection v. Prosecution

Abbe Lowell
Winston & Strawn LLP

There have been few phenomena that challenge constitutional and legal protections than the explosion of e-data, especially the highly increased access to confidential personal information. Law enforcement agencies, private companies, and individuals are all struggling to determine the level of government jurisdiction, the obligations and liabilities of companies, and the rights for individuals concerning their data. While charting the course in this new era, private companies are faced with overwhelming investigative demands, increased investigations by federal and state officials for data breaches and leaks, and heightened susceptibility to more and more claims by their customers. We will address the state of the tension between law enforcement and the private sector to determine what is happening now and what we can expect in the near future.

10:30AM-12:00PM   Theater
Privacy by Design and New Technologies

Christine Lyon & Miriam Wugmeister/Alexis Goltra/Risha Jamison
Morrison & Foerster LLP/Oracle Corporation/Stripe

Global, data-driven companies are turning to increasingly sophisticated methods to remain commercially competitive.  From big data and artificial intelligence to behavioral targeting and biometrics, the technology at companies' disposal is seemingly limitless, but so too are the potential privacy and security risks.
Join us for a practical and interactive session designed to equip GCs with an overview of the legal risks associated with these cutting-edge technologies via three modules:
I. An overview of the technologies and the privacy issues they implicate
II. Guided realistic hypotheticals
III. An interactive simulation involving the roll-out of a new product based on principles of privacy by design.

1:30PM-2:15PM   Theater
Data Privacy and Cybersecurity Litigation - Trends for Litigators and Practical Lessons for Transactional Lawyers

Ian Ballon
Greenberg Traurig, LLP

This presentation will discuss legal trends and strategy in data privacy, cybersecurity breach and TCPA class action suits, including practice tips for both inhouse litigators and transactional lawyers. The presentation will address key legal developments in online and mobile contract formation, the enforceability of arbitration provisions in consumer contracts, facts patterns most likely to lead to litigation, case summaries and trends under the Computer Fraud and Abuse Act, Video Privacy Protection Act, Illinois Biometic Privacy Act and other federal and state statutes and common law theories, ways to avoid class certification and proactive steps that inhouse counsel can take to minimize the risk of litigation and, in the event of litigation, damages and class certification. Attendees will also receive complimentary copies of relevant excerpts from the speaker's treatise, E-Commerce & Internet Law 2d (West 2018, www.ianballon.net)

2:20PM-3:05PM   Theater
Complex Threat Investigations: Managing Risk

Gabriel Ramsey/Justin Zeefe
Crowell & Moring LLP/Nisos LLC

Companies face a whole host of increasingly complex threats, such as trade secret theft, insider threats, cybercrime adversaries, aggressive competitors and misconduct by business and supply chain partners. Adversaries can be highly motivated, sophisticated, resourced and innovative. Often this activity occurs in the digital domain, which is opaque, pervasive and global in scope. Thus, such threats are a challenge to detect, assess, mitigate, attribute, and deter. Companies are called upon to develop approaches and internal teams to investigate and remediate these forms of risk. However, targets must, themselves, assume a certain level of risk to effectively investigate and obtain sufficient insight to counter the problems. Available tools and real-world practices to address these threats often outpace the law. This discussion explores legal and ethical risk, and provides practical guidance for in-house counsel asked to develop or oversee robust investigations capabilities and teams. Topics include competitive intelligence programs, employee and asset monitoring, cybersecurity defenses and forward-leaning technical tools.

3:30PM-4:30PM   Theater
GDPR: lessons from the first 4 months & action items

Lothar Determann, Helena Engfeldt & Jonathan Tam
Baker & McKenzie LLP

At this time last year, the GDPR was at the starting block and in-house legal departments were anxiously preparing for its implementation. Now that the waiting is over, this presentation will discuss:
  • New guidance, national laws, enforcement activities
  • Practical tips and experiences regarding data subject requests and breaches
  • Covering the extended enterprise: vendor onboarding and contracts
  • Industry impact and action items: IT, healthcare, consumer goods
  • Global context: leveraging GDPR for California, Brazil, India and beyond

**October 16**
2:20PM-3:05PM   Room 210
California Consumer Privacy Act Update

David Navetta & Adam Connolly
Cooley LLP

In June 2018, the California Legislature passed Assembly Bill 375 and enacted the California Consumer Privacy Act of 2018 (the “CCPA”). This sweeping law will impact a large number of businesses that collect or sell California residents’ personal information. In addition to stringent new compliance requirements, the law poses significant regulatory and class action risks. Companies in California, the United States, and around the globe, are analyzing this legislation and preparing to comply. Now that the dust has settled a bit it is time to dive deeper into the CCPA’s structure, requirements and potential impacts. During this session seasoned privacy lawyers will break down the CPPA, discuss its potential impacts and lay out what companies need to do to get ready and address the law.

Please Note: Program details are subject to change without notice

2018 Participating Law Firms & Companies