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Programs in Technology Law



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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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What In-House Counsel Should Know about Data Privacy and Data Security in a Big Data World

Program Number: 2518 Presenter: Jason D. Haislmaier, Esq.

The term “Big Data” has become synonymous with the ability to rapidly analyze large volumes of data to predict outcomes and draw other insights. Big Data has grown exponentially as the insights reaped from data analysis have become crucial to the success of many companies. With this growth have come a number of data security and data privacy considerations and requirements for companies involved with big data. Join Jason Haislmaier of Bryan Cave LLP for a discussion of these considerations and requirements, including established and emerging legal standards, regulatory requirements, and best practices for data privacy and data security in a “Big Data” world.

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Data Breach Investigations: Ethical Considerations for In-House Counsel when Publicly Reporting a Security Incident

Program Number: 2512 Presenter: Jena M. Valdetero, Esq, David A. Zetoony, Esq.

David Zetoony and Jena M. Valdetero discuss ethical issues that typically arise when an organization considers whether to report a security incident and what information about the incident should be publicly conveyed. Topics include questions of confidentiality and conflict in the context of managing public relations/communications consultants, determining whether to report an incident, and communicating with law enforcement. Specific ethical rules, cases, opinions to be discussed include: ABA Model Rules (e.g., Confidentiality of Information (1.6), Conflict of Interest (1.7), Organization as client (1.13), Duties to prospective client (1.18), Advisor (2.1), Lawyer as witness (3.7), Truthfulness in statements to others (4.1)); Upjohn; and various state bar ethics opinions.

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Data Security and Credit Cards for In-House Counsel: How Your Organization’s Contractual Relationship with Credit Card Processors Is Changing

Program Number: 2510 Presenter: Jennifer L. Crowder, Esq., Courtney K. Stout, Esq.

A liability shift is forcing credit and debit card transactions to be conducted using chip-based (i.e., EMV) payment cards by 2015. This transition could impact your organization in more ways than one. Join us for this important discussion of new requirements of the payment card network rules (i.e., Visa, MasterCard, American Express and Discover), the Payment Card Industry Data Security Standards (PCI DSS), and President Obama’s Executive Order (October 2014) regarding chip technology, and for additional measures (a combination of EMV, Tokenization and Encryption) that can be taken to increase your organization’s data security practices and procedures for your credit and debit card processing and Corporate Purchasing Card programs.

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