Celesq® Attorneys Ed Center
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Programs in Privacy and Data Security


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Legal Ethics and Cyber Security 2020 (01/10/2020)

Program Number: 3031 Presenter: Carole Buckner, Esq.

Lawyers and law firms are at risk of data security breaches and must have reasonable measures in place to address cyber security. This presentation will discuss some of the practical risks associated with data security and the ethical obligations of lawyers in dealing with cybersecurity issues. A lawyer’s primary ethical duties involve the duty of competency, which requires a reasonable understanding of issues involving technology and data security, and the duty of confidentiality, which requires that lawyers take reasonable steps to protect their communications with clients and their clients’ electronic data, and the duty to disclose significant developments related to the representation, including possible security breaches. We will discuss ethics opinions concerning reasonable measures and preparation for cyber incidents, as well as several common scenarios including ransomware, phishing, lost laptops, missing smartphones, and cybersecurity when working remotely. In addition, we will discuss the availability of cyber insurance. In addition,

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Ethically Developing A Law Firm Security Game Plan (12/17/2020)

Program Number: 30291 Presenter: Kenneth Jones, Dan Schatz, Esq.

Increasingly, law firms face the challenge of developing a comprehensive game plan to defend against the myriad of cyber threats ever-present in today’s world. Attorneys themselves, pursuant to ABA Model Rule 1.1, are called upon to act reasonably and promptly to stop data breaches and mitigate damage resulting from the breach. Similarly, Model Rule 1.6 calls for lawyers to make reasonable efforts to prevent the inadvertent or unauthorized disclosure of, or unauthorized access to, information relating to the representation of a client. To help mitigate risk, this program will discuss areas such as end user security training, the importance of executing backup drills, key elements of a proper law firm defensive infrastructure, advice for remote working scenarios and other topics.

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Cybersecurity as Business Risk: Evaluating Cyber Risk in M&A (12/14/2020)

Program Number: 30289 Presenter: Mark Sangster

Due Diligence is critical to determining the value of business and preserving the acquirer’s investment. But often, cybersecurity and cyber risk are overlooked or underfunded when it comes to accessing value and identifying risk. Join cybersecurity expert, Mark Sangster, as he explores new trends in cyber threats, consider cybersecurity in terms of dollars and cents and not ones and zeros, and practical guidelines to accessing cybersecurity posture and quantifying cyber risk. Book Link: https://www.amazon.com/No-Safe-Harbor-Cybercrime_and-Business/dp/1989603424/ref=sr_1_1?dchild=1&keywords=mark+sangster&qid=1605190243&s=books&sr=1-1

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Inside the Proposed "New York Privacy Act" (12/16/2020)

Program Number: 30284 Presenter: Dylan C. Bonfigli, Esq., Serafina Concannon, Esq., Sophia Qasir, Esq., Viola Trebicka, Esq.

In recent years, several states have been drafting legislation to enhance consumers’ privacy rights. The California Consumer Privacy Act, which became effective in January of this year, was the first of these privacy protection statutes to become enacted. The proposed New York Privacy Act is currently being considered by the legislature, and if enacted, will be even more expansive than California’s. In this webcast, we will discuss the key components of the proposed New York Privacy Act, including, among others, (a) the definition of personal data; (b) businesses affected; (c) private rights of action; and (d) the unique fiduciary duty obligations and opt-in requirement. We will discuss the impact that these aspects of the proposed Act and others will have on companies conducting business in New York and the protection they will provide to consumers.

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Introduction to Whistleblower Laws (12/11/2020)

Program Number: 30277 Presenter: Shauna Itri, Esq.

A whistleblower or qui tam action can provide financial rewards to individuals who have information that a company/individual has committed fraud. The primary statutes under which this relief may be sought are the federal and state False Claims Acts (“FCAs”), which are not specific to any particular type of fraud. In addition to the FCAs, there are other statutes which apply to tax fraud, securities fraud, and in California, fraud on private insurance companies. This practical Course will provide attorneys with an overview of the whistleblower laws, the knowledge and skills to be able to recognize a potential whistleblower case, and understand the unique procedures utilized in filing whistleblower cases/tips.

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Emerging Issues in Cybersecurity & Privacy Law (11/16/2020)

Program Number: 30260 Presenter: Daniel Marvin, Esq.

With 2020 set to bring a record high number of data breaches, state legislatures across the country are continuing to strengthen their existing privacy statutes and are creating new ones with an increased focus on consumer protection. This program, presented by Daniel Marvin, leader of Morrison Mahoney LLP’s Cybersecurity and Data Protection Practice, will provide an overview of emerging trends in this legislation, with an emphasis on how the states are shifting their focus towards comprehensive data privacy laws that put more control over how personal data is used in the hands of consumers, and what businesses must do to comply with these regulations. The program will also review the latest developments in data breach litigation to identify trends and topics of interest to attorneys providing advice or counsel to clients in this area. Learning Objectives: 1. Analyze emerging trends in data protection statutes and compliance requirements in the event that

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The 7 Layer Cake of Information Security: What Really Matters and What Really Doesn’t (02/14/2020)

Program Number: 3026 Presenter: David Kalat

Attorneys and other professional service providers face a myriad of data security concerns including protecting your own data, protecting the confidential client data placed in your care, advising clients on how to protect their data, and resolving the consequences of a data breach or data loss. While these issues are often obscured by baffling jargon and unfamiliar concepts, this presentation demystifies those technical aspects. Equip yourself with the necessary knowledge to secure your (and your clients’) data and learn your options in the event of a data breach or loss. By way of practical illustration, we trace a single case involving a real-world data breach in order to highlight inadequate security practices and see how forensic examination of the data uncovered a trail of digital clues. The presentation follows the framework of the Open Systems Interconnection Model, a common framework within the world of IT used to organize how computer

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Insights on NY Department of Financial Services Cybersecurity Regulation (11/04/2020)

Program Number: 30257 Presenter: Celeste Koeleveld, Esq., Brian Yin, Esq.

Join our panel as they discuss they New York Department of Financial Services and their Cybersecurity Regulations. Celeste Koeleveld and Brian Yin will give you an overview of NYDFS and their Cybersecurity Regulations, along with the first Cybersecurity Enforcement act with First American Financial. They will discuss the New York State Law, relevant Federal laws and private litigation surrounding those laws. You will walk away with a thorough understanding and valuable key takeaways!

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FCPA Anti-Bribery Compliance in the Age of Covid-19 (11/06/2020)

Program Number: 30256 Presenter: Sharie Brown, Esq., Amina A. Mack, Esq., Spencer Preis, Esq.

Companies must still meet the challenges of complying with the US Foreign Corrupt Practices Act and other applicable anti-bribery laws by demonstrating and documenting their commitment to such anti-bribery compliance, while constrained by the global travel and in-person meeting restrictions caused by the COVID-19 pandemic. Assuming you already have written anti-bribery policies and procedures, which of those policies, procedures, and practices are particularly critical to your company’s anti-bribery compliance (or law enforcement outcomes), and how are some companies enhancing their remote compliance activities with technology.

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Technology and the Evolution of the Lawyer/Client Relationship (11/20/2020)

Program Number: 30252 Presenter: Valerie Pennacchio, Esq.

Like most industries, the legal industry is ripe for disruption because of emerging technologies like artificial intelligence, quantum computing, and blockchain. In tandem with technological innovation will be a change in the relationship between corporate law departments and outside counsel. While law departments and outside counsel will need to collaborate to mitigate risks and tackle litigation arising from the use of new technologies, new technology will support a change in the structure of businesses providing legal services and will be leveraged to streamline processes and increase efficiency. This program, taught by Valerie Pennacchio, will cover: (1) The technological advancements that are most poised to support disruption; (2) Use cases for these technologies in the legal industry; and (3) The impact of technology on the relationship between law departments and outside counsel.

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