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Programs in Technology Law



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How the FTC Identifies, Targets, and Tracks Companies Alleged to Engage in Improper Data Privacy, Data Security, Advertising, or Marketing Practices: A Guide for In-House Counsel

Program Number: 2534 Presenter: David A. Zetoony, Esq.

The Federal Trade Commission (FTC) files around 70 actions each year for alleged bad data privacy, data security, advertising, or marketing practices. In addition, the FTC conducts hundreds of other investigations that do not ultimately lead to an enforcement action. This program discusses the ways in which the FTC identifies its enforcement targets and focuses in particular on the FTC’s use of consumer complaint data to track companies and to identify enforcement targets.

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Successfully Navigating False Claims Act Enforcement in the Health Care Space

Program Number: 2533 Presenter: Darryl T. Landahl, Esq., Laura S. Perlov, Esq., Cliff Stricklin, Esq.

Darryl Landahl, Cliff Stricklin and Laura Perlov discuss successfully navigating False Claims Act (FCA) enforcement against health care companies, including hospitals, physicians groups and health insurers alike. Topics include: • Government pursuit of cases against health care entities and its success rate. • Recent enforcement trend in bringing FCA claims against health care companies based upon submission of allegedly false Medicare Risk Adjustment data, resulting in higher payments for Medicare Advantage members. • Overview of risk adjustment calculation and submission requirements. • FCA developments and recent cases regarding the Public Disclosure Bar and Original Source Requirement • Recent developments and decisions regarding Stark and Anti-Kickback Actions

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Advising Board Members and Executives on Data Security and Data Privacy Risks: Legal Issues and Practical Considerations

Program Number: 2526 Presenter: Jason D. Haislmaier, Esq.

Data security and data privacy issues have risen with extraordinary speed to become “top ten” priorities for boards of both public and private companies alike. Yet board members and executives often find themselves ill-equipped to assess and address their quickly expanding responsibilities in these areas. Join Jason Haislmaier of Bryan Cave LLP for a discussion of the growing legal, regulatory, and shareholder requirements and expectations regarding data security and privacy confronted by board members and executives. More than just another rundown of why board members and executives should be concerned with data security and privacy issues, this presentation also provides strategies and practices for both advising and supporting board members and executives in these quickly expanding areas.

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Understanding Data Security Litigation: A Guide for In-House Counsel

Program Number: 2525 Presenter: Joshua A. James, Esq., Jena M. Valdetero, Esq

This program provides an overview of the types of legal and regulatory claims a company may be faced with in the wake of a data breach. In-house counsel should walk away understanding the potential exposure faced by their companies and strategies for defeating such claims.

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Data Security Boot Camp: A Crash Course for In-House Counsel

Program Number: 2524 Presenter: David A. Zetoony, Esq.

With management increasingly looking to in-house counsel for guidance in complying with data security laws and in mitigating regulatory, litigation, and reputational risk following a data security breach, David Zetoony, Bryan Cave LLP, offers in-house counsel a working understanding of the data security laws in the United States.

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Data Privacy Boot Camp: A Crash Course for In-House Counsel

Program Number: 2523 Presenter: Jason D. Haislmaier, Esq.

With management increasingly looking to in-house counsel for guidance in complying with data privacy laws, Jason Haislmaier, Bryan Cave LLP, offers in-house counsel a working understanding of data privacy laws in the United States.

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Investigating Data Breaches: A Guide for In-House Counsel

Program Number: 2522 Presenter: David A. Zetoony, Esq.

David Zetoony, Bryan Cave LLP, provides a legal analysis and practical information for in-house counsel on what to do in the first hours, days, and weeks following a data security breach.

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A Guide for In-House Counsel on How to Draft the Terms of a Cybersecurity "Bounty" Program

Program Number: 2521 Presenter: Joshua A. James, Esq., David A. Zetoony, Esq.

Companies are often contacted by individuals claiming to be "white hat" hackers who purport to have identified a security vulnerability and are willing to share it with the company for a price. These requests are often perceived as extortion or blackmail when they are unsolicited, but having such cybersecurity information may ultimately benefit the companies, so they are increasingly deciding to create formal “bounty” programs to encourage such hackers, and the public at large, to come forward. This program addresses the legal implications of creating (or not creating) a "bounty" program and provides practical advice for in-house counsel on how to structure and draft such a program.

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Data Privacy Challenges in Global Employment Management: A Guide for In-House Attorneys

Program Number: 2520 Presenter: Jana Fuchs, Esq., David A. Zetoony, Esq.

This presentation and interactive case study focuses on the challenges companies have to solve when operating a global HR system. Topics include the regulatory framework for collection and processing of personal employee data, the transfer of such data within a corporate group, purpose limitation and conflicts of law. In particular, Part I covers: • Introduction to the legal framework for data transfers (2-Stage Assessment) -Stage 1 – Processing of Employee data (with practice examples) -Stage 2 – Transfer of Employee data (with practice examples) • Overview – Adequate data protection guarantees (Safe Harbor, Model Clauses, BCR) • Discussion part - Challenges for HR management (with practice examples) • Outlook – EU Privacy Regulation and its potential effects Part II covers a sample case study.

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Data Privacy, Data Security, and Cloud and IT Vendor Agreements: A Guide for In-House Counsel

Program Number: 2519A Presenter: Jason D. Haislmaier, Esq.

The services provided by cloud computing, hosting, data storage, outsourcing, and other information technology (IT) vendors have become fundamental resources for most companies. Data privacy and data security issues have rapidly risen to the forefront in vendor agreements for these services and are now often among the most hotly contested provisions in those agreements. Join Jason Haislmaier of Bryan Cave LLP as he discusses some of the more significant data privacy and data security issues that can arise in cloud and IT vendor agreements and how to draft and negotiate provisions in the agreements for mitigating the risks caused by those issues.

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