Celesq® Attorneys Ed Center
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Programs in Privacy Law

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Lessons in Disaster: Learning from Law Firm Cyber Breaches (02/23/2021)

Program Number: 3134 Presenter: Mark Sangster

Given an outcome, we often exaggerate our ability to predict and therefore avoid the same fate. In cybersecurity, this misconception can lead to a false sense of corporate security, or worse, bury the true causes of incidents and lead to repeated data breaches or business disrupting cyber incidents. In this session, we will explore real-world incidents and threats to assemble an actionable cyber resilience framework that adapts to distributed assets, remote workers, and virtual workloads.

$95.00Audio Tape Add to Cart

Defamation in the Time of COVID-19 (02/02/2021)

Program Number: 3130 Presenter: Karen D. Fultz-Robinson, Esq., Johanna Sheehe, Esq.

As COVID-19 continues to threaten public health, worldwide, and serves as a major concern for individuals, questions surrounding the health of those interacting with the public, on a daily basis, are at the forefront of our discourse. This begs the question: Is a statement falsely advising that a person has contracted COVID-19 defamatory? This program will examine the elements required to maintain a claim for defamation in the context of COVID-19. The discussion will examine the challenges of proving whether a person has been defamed, examine the history of the loathsome disease category of defamation per se and its applicability to COVID-19 and damages associated with a statement regarding a person contracting COVID-19. Participants will gain an understanding of the legal elements required to prove a claim for defamation as well as the hurdles to prevail on such a claim as it relates to the pandemic.

$95.00Audio Tape Add to Cart

Evolving Foreign Trade Risks Under CFIUS: What Lies Ahead? (02/10/2021)

Program Number: 3112 Presenter: Michael Clark, Esq., Alan F. Enslen, Esq., Aldo M. Leiva, Esq., Hon. Joe D. Whitley, Esq.

The panelists will provide an overview of key changes to U.S. dual-use export controls in the past 18 months and enforcement initiatives relating to ongoing interagency efforts to designate and safeguard U.S. emerging and foundational technologies, and the continued evolution of regulations and policies governing national security reviews of foreign direct investment into the United States—along with observations about the anticipated status of these initiatives in the next year. Attention will also be given to cybersecurity due diligence for covered transactions, how investigations get launched, opportunities for assisting clients, such as internal investigations and examining compliance issues, and an overview of potentially applicable federal statutes that may be implicated.

$95.00Audio Tape Add to Cart

Countering Crime Insurers’ “Direct Loss” Defenses against Coverage for Cyber Scams (01/06/2021)

Program Number: 3111 Presenter: Joshua Gold, Esq.

Among the various arguments insurance companies have deployed to attempt to deny “Computer Fraud” coverage under crime policies, three have been focal points in multiple court contests. All three are variants on the theme that the crime in question was not “brute force” hacking per se – direct invasion of a computer – but scams that in one way or another induced action from individuals acting on behalf of the targeted organization. Participants in this session will learn the nuances of these defenses against coverage, the grounds on which state and federal courts have rejected them, and the terms in which to credibly resist coverage denials under crime policies when their organizations are the victims of cyber scams.

$95.00Audio Tape Add to Cart

Evaluating a Vendor's Privacy Practices: The Rise of the Vendor Privacy Assessment Questionnaire (01/13/2021)

Program Number: 3102 Presenter: Karin E. Ross, Esq., David A. Zetoony, Esq.

Many companies have institutionalized the practice of conducting due diligence on their vendors’ security practices. A familiar component of the diligence process is to have a vendor complete a security assessment questionnaire or SAQ . Historically, vendor privacy due diligence has been a less common phenomena. New cases, statutes, rules, and regulations are changing that. The program will discuss the growing need and upward trend for conducting privacy due diligence in light of the European court of justice decision in Schrems II, the CCPA, and the CPRA. It will also provide in-house counsel with practical insights into what to include in a privacy assessment questionnaire, and how to institutionalize the practice of conducting them

$95.00Audio Tape Add to Cart

Privacy in the Skies: Navigating the New Federal Drone Privacy Law (04/10/2020)

Program Number: 3095 Presenter: Bradford P. Meisel, Esq., Diane D. Reynolds, Esq.

The new federal drone privacy law enacted as part of the FAA Reauthorization Act of 2018 imposes significant information privacy requirements on commercial drone operators in nearly all industries and sectors including requiring them to adopt and implement privacy policies governing all data collected by their drones and may effectively force commercial drone operators to comply with the emerging patchwork of state information privacy and security laws. This program will explain the new law's requirements, the relationship between the new law and the law governing the preemption of state information privacy laws as applied to aviation, and how to best assist commercial drone operators in developing and implementing compliant privacy policies and practices and ensure compliance with applicable state information privacy and security laws.

$95.00Audio Tape Add to Cart $95.00Online Audio Add to Cart

Digital Risks and Digital Duties: Finding a Standard of Care in Cyberspace - Part 1 (05/28/2020)

Program Number: 3090 Presenter: Michael A. Goode, Esq., James M. Paulino II, Esq.

In this two-part presentation, we will begin by discussing the patchwork of data privacy statutes, regulations and case law in an effort to define the baseline for reasonable security measures, and then apply these standards to recent breach events in the medical, construction, agricultural, retail, manufacturing, financial and legal industries to highlight common security failures, and opportunities for improvement. At the conclusion of the presentation, we will discuss best practices to consider to assist in reducing the risk of data breach incidences as well as the potential exposure in the event an incident occurs.

$95.00Online Audio Add to Cart

The Shield Act: Are You Compliant (05/20/2020)

Program Number: 3077 Presenter: Nick Akerman, Esq.

On March 20th a new law in New York went into effect requiring all businesses holding personal data belonging to New York residents to institute specific data security measures. Known as the “Stop Hacks and Improve Electronic Data Security Act" (the “Shield Act”), this new statute will be enforced by the New York Attorney General and mandates that a company must implement a number of “administrative, technical and physical safeguards” and appoint an employee to manage the cybersecurity program. Among other changes, the new law expands the definition of personal information and the definition of what constitutes a data breach. Failure to comply with this new statute authorizes the Attorney General to obtain statutory damages and the actual damages to consumers.

$95.00Audio Tape Add to Cart $95.00Online Audio Add to Cart

Legal Elements of Cybersecurity (02/13/2020)

Program Number: 3040 Presenter: John Lande, Esq.

Rarely a day goes by without news about a cybersecurity incident affecting a national company. Fraudsters are targeting companies of all kinds and sizes with the goal of divesting companies of their money and confidential information. This presentation will discuss current cybersecurity legal issues through the lens of real case studies, and specifically cover: (1) current threats, (2) liability issues, (3) insurance coverage, and (4) mitigating legal cybersecurity risk.

$95.00Audio Tape Add to Cart $95.00Online Audio Add to Cart

Botnet Extortion and Disparagement and Section 230: Do Businesses Have Any Recourse? (01/28/2020)

Program Number: 3037 Presenter: Bradford P. Meisel, Esq., Diane D. Reynolds, Esq.

Cybercriminals have presented targeted businesses with a frightening choice: pay up or have Botnets post thousands of negative reviews in a matter of minutes. Botnets, which are groups of computers controlled by a single person, have also famously flooded social media platforms with disparaging posts about politicians and political parties in the days before recent elections in the United States and other industrialized countries. Businesses, politicians, and other victims of Botnet-mediated disparagement seeking damages face a daunting obstacle in the form of Section 230, the controversial federal statute that immunizes computer service providers from liability for content provided by another person or entity. This program will examine the legal arguments regarding whether or not Botnet-mediated disparagement is subject to Section 230-a question which courts have yet to address. This program will also examine the intensifying debate in Congress regarding both the Botnet epidemic and Section 230 and how it could impact litigation

$95.00Online Audio Add to Cart

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