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Programs in Technology Law



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Separating Fact from Fiction: Understanding, Providing for, and Mitigating the Actual Liabilities of a Cyber Attack

Program Number: 2718 Presenter: Tim Burke, MBA, David A. Zetoony, Esq.

There are numerous data privacy and security laws, and considerable disinformation concerning the legal liabilities associated with their non-compliance. One of the most poorly understood areas by attorneys involves the costs that a security/privacy event may have on their clients, or organizations, in terms of legal liabilities, first party expenditures and reputation. This program discusses how an attorney can help a client identify and quantify the various legal risks involved with privacy and data security, and how to take steps to mitigate and deal with those liabilities.

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Responding to an FTC Investigation into a Company's Data Privacy or Security Practices: What Counsel Should Know about the Investigation and How to Respond

Program Number: 2711 Presenter: Joshua A. James, Esq., David A. Zetoony, Esq.

The Federal Trade Commission (FTC), which is the primary federal regulator of most companies’ data privacy and security practices, has conducted more than 60 privacy and security-related enforcement actions in the last 15 years. David Zetoony and Josh James discuss what to expect and how to respond to a FTC investigation into a company's data privacy and data security practices.

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Internet of Things: Data Security and Data Privacy Where Everything is Connected

Program Number: 2705 Presenter: Jason D. Haislmaier, Esq.

The “Internet of Things” (IoT) is producing dramatic changes in the way personal data is collected, shared, and used over countless interconnected devices and services. These changes have created new data security and data privacy challenges for businesses and regulators alike. In this program for all attorneys, Jason Haislmaier discusses how to handle the data security and data privacy issues and the legal, regulatory, and policy risks posed by dealing with data in the IoT.

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Conducting a Data Security and Cybersecurity Audit of your Organization: What In-House Counsel Should Know

Program Number: 2704 Presenter: Art Ehuan, David A. Zetoony, Esq.

David Zetoony, Chair of Bryan Cave LLP’s data privacy and security team, and Art Ehuan, Managing Director of A&M’s Global Cyber Risk Services practice, discuss various methods for auditing an organization's compliance with the data security laws. Additionally, they discuss the use of the NIST CyberSecurity Framework (CSF) to define the cyber risk profile of a company and how to minimize the identified risk throughout the organization.

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Antitrust Law and Data: What In-House Counsel Should Know to Avoid the Misuse of Customer Data

Program Number: 2655 Presenter: Robert S.K. Bell, Esq, Jacob A. Kramer, Esq

Both the EU and US antitrust regulators are struggling to face the challenges of data. Robert Bell and Jacob Kramer tell you what you need to know to help you guide your business in data collection and utilization. The European side of the talk will focus on the regulatory response to the growth of dominant tech players and how regulators and law makers now hope to tackle the issues. Is competition law the best weapon to regulate data and consumer protection issues? Is it too late and are these companies too dominant, or is there a way forward? Alternatively, are the regulators right to tackle these issues, or is politics being entwined with law? On the US side, our presenters focus on similar issues, including emerging views of the relationship between data and competition law, and agency enforcement related to data.

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EU-US Cross Border Transfers, Privacy Shield, Model Clauses, and Binding Corporate Rules

Program Number: 2652 Presenter: Carolyn Krampitz, Esq., David A. Zetoony, Esq.

Multinational companies and United States-based service providers have long struggled with transferring information from the European Union to the United States, and balancing legal compliance with practical need. With the invalidation of the Safe Harbor in 2015, the struggle became even more difficult. Although there remains uncertainty concerning how long the different methods for transferring information will continue to be recognized, with the approval of Privacy Shield, we have finally reached at least a temporary period of stability. This program covers the legal and regulatory issues involved with transferring information from the European Union to the United States, and discusses the three methods that are recognized for doing so: The Privacy Shield, standard model clauses, and binding corporate rules. Note: The Privacy Shield after the Safe Harbor is also the subject of a recent program, EU-U.S. Data Transfer—Life after the Safe Harbor under the “Privacy Shield” (2605), available now on

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Lawyer Use of Social Media: Latest Developments in Ethics Guidelines and Practical Advice

Program Number: 2649 Presenter: Steven C. Bennett, Esq., Park Jensen Bennett LLP

Steve Bennett, Park Jensen Bennett LLP, covers the latest ethical issues and authorities in a lawyer’s use of social media, including: advertising/endorsements; unauthorized practice of law; client/witness contacts via social media; and discovery of social media. Ethics authorities covered include ABA Model Rules 1.1 (competence); 1.8 (conflicts); 5.5 (jurisdiction limits); 7.3 (solicitation); and 7.4 (specialization), as well as Social Media Guidelines of NYSBA Commercial and Federal Litigation Section (2015).

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The Federal Rules of Civil Procedure a Year Later: The Latest Decisions and Other Developments

Program Number: 2644 Presenter: Ashley Heintz, Carmen G. McLean, Esq.

Join Carmen McLean and Ashley Heintz of Jones Day as they discuss the impacts of the Federal Rules of Civil Procedure that took effect on December 1, 2015 on discovery strategies and synthesize the courts’ applications and interpretations of the new rules over the course of the year. Topics include: • what you need to consider in requesting or opposing discovery in light of Rule 26(b)’s new proportionality factors; • whether you are being specific enough in your objections and responses to requests for production under new Rule 34(b); and • what you need to know, and what courts are focusing on, in addressing spoliation under new Rule 37(e).

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Taking and Defending the Corporate Deposition under Rule 30(b)(6)

Program Number: 2634 Presenter: Michael H. Ginsberg, Esq., Thomas Jackson, Esq. - Of Counsel, Jones Day

Depositions of corporate representatives present unique issues for both the taking and the defending attorney. Join Jones Day partners Tom Jackson and Mike Ginsberg as they focus on those unique issues, with particular emphasis on Federal Rule of Civil Procedure 30(b)(6). Topics include preparing and responding to the notice of deposition, selecting and preparing the witness, the conduct of the deposition, and post deposition procedures to address issues that arise during the course of the deposition.

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Recent Amendments to the Federal Rules of Civil Procedure: What Has Changed and How Courts Are Interpreting the New Rules

Program Number: 2630 Presenter: Thomas Jackson, Esq. - Of Counsel, Jones Day, Mark W. Rasmussen, Esq., Evan P. Singer, Esq.

Join our presenters for this important discussion on the amendments to the Federal Rules of Civil Procedure that took effect on December 1, 2015; the recent decisions by the Courts that have interpreted the new rules; and how the new rules are affecting litigation strategies.

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