Seminar  Program

Twentieth Annual Institute on Privacy and Data Security Law


Why You Should Attend       

This program focuses on the current critical issues of information privacy, cybersecurity and data protection faced by businesses.  The Internet and evolving information technologies have prompted the development of powerful tools for the collection, use, processing, storage, and disposal of personal information.   More than ever, businesses are digital and data driven.  These trends create a wide range of compliance risk and liability issues regarding the collection and use of personal information.  They also raise the stakes for protecting such data in increasingly challenging risk environments, ranging from internal vulnerabilities to criminal cyberattacks and other persistent threats.  Legislators, regulators and courts are rapidly developing new law and compliance obligations to address the privacy and security implications of our expanding information economy and its continuously evolving risks.  This annual conference focuses on these developments with the goal of keeping attorneys and other privacy professionals informed and up-to-date in this complex and dynamic area of laws and regulations.

What You Will Learn 

  • Latest US privacy frameworks, including the California Consumer Privacy Act of 2018
  • Consumer privacy enforcement priorities of the FTC, SEC and state attorneys general
  • Management of privacy and cybersecurity risk in corporate and commercial deals
  • Latest developments in workplace privacy and employee monitoring
  • Ethical and cyber-risk management issues in using information and technology
  • Proactive measures to mitigate cyber risk and reactive response techniques
  • Cybersecurity insurance
  • Preventive measures to avoid litigation
  • Compliance with the EU General Data Protection Regulation
  • Latest developments outside the US and EU, including Brazil and India
  • CPOs and CISOs share their secrets

Special Features

  • Earn one hour of CLE Ethics credit
  • Earn Continuing Privacy Education credit

Who Should Attend: This program is intended for general and solo practitioners, transactional attorneys, general and corporate counsels, in-house lawyers and legal professionals supporting any client with information risk issues. This program will presume a general familiarity with privacy and data security issues and is intended for intermediate to advanced professionals looking to hone their skills.

Program Level: Overview

Prerequisites: A general familiarity with privacy and data security law issues.

Intended Audience: This program is intended for general and solo practitioners, transactional attorneys, general and corporate counsels, in-house lawyers and legal professionals supporting any client with information risk issues. This program will presume a general familiarity with privacy and data security issues and is intended for intermediate to advanced professionals looking to hone their skills.

Advanced Prep: None


PLI Group Discounts

Groups of 4-14 from the same organization, all registering at the same time, for a PLI program scheduled for presentation at the same site, are entitled to receive a group discount. For further discount information, please contact membership@pli.edu or call (800) 260-4PLI.

Cancellations

All cancellations received 3 business days prior to the program will be refunded 100%. If you do not cancel within the allotted time period, payment is due in full. You may substitute another individual to attend the program at any time.

Day One: 9:00 a.m. - 5:00 p.m.

9:00 Opening Remarks           

CHI: Francoise Gilbert, Thomas J. Smedinghoff



9:15 Complying with the California Consumer Privacy Act and other US Privacy Developments                 
  • A detailed summary of the California Consumer Privacy Act of 2018
  • Tips for compliance with the CCPA
  • Leveraging your GDPR program for CCPA compliance
  • The latest federal privacy proposals in the US
  • Industry and expert proposals for a US privacy framework 

CHI: Francoise Gilbert, James G. Snell 



10:15 GDPR: One Year Later    
  • The latest interpretive guidance from the EDPB
  • Clarifying extraterritorial reach: from offering goods and services to monitoring behavior
  • Complying with data subject rights requests
  • Status of available options for cross-border data transfers
  • Enforcement trends: What are the priorities? How aggressive are they?
  • Status of member state implementations

CHI: Jacob Springer, Ericka Watson



11:15 Networking Break

11:30 Beyond GDPR - Privacy and Data Security Compliance Around the World     
  • Privacy and security landscape outside the EEA
  • Recent developments in Brazil and Latin America
  • Recent developments in India and Asia
  • How to manage the global cacophony of privacy and security laws

CHI: Christine E. Lyon, Hilary M. Wandall



12:30 Lunch

1:30 Cybersecurity Readiness: Addressing Compliance Risk   
  • What are the trends in US and foreign data security compliance requirements?
  • Best practice approaches to developing a compliant security program
  • What responsibilities do Boards of Directors have for data security and what is the latest case law?
  • How can cyber insurance help in managing the risk?
  • Dos and don’ts in making cyber-related insurance claims

CHI: Marty Myers, Thomas J. Smedinghoff



2:30 Cybersecurity Attacks: A Survival Guide
  • Incident response strategies
  • Managing a forensic investigation
  • Pros and cons of involving law enforcement
  • Breach disclosure timing considerations
  • Preparing for notification
  • Managing the regulatory onslaught and inevitable lawsuits

CHI: Steven R. Chabinsky, Jody Westby



3:30 Networking Break

3:45 The Latest Insights from Privacy and Data Security Regulators
  • What gets the regulators’ attention?
  • What are the current regulatory priorities?
  • How to best respond to an inquiry?
  • How interested are the regulators in a company’s security program?
  • Enforcement coordination among regulators
  • Biggest mistakes a company can make

CHI: Ruth Hill Bro (Panel leader), D. Esther Chavez, Patrice Malloy, Maneesha Mithal, Matthew W. Van Hise



5:00 Adjourn

Day Two: 9:00 a.m. - 4:30 p.m.

9:00 Ethical Issues for Privacy and Data Security Professionals        
  • Upjohn and beyond:  The attorney-client privilege and client confidentiality in connection with internal investigations
  • Client misconduct:  obligations and options for in-house and outside counsel
  • Preparing for the worst:  ethical obligations after a disaster; mistakes by lawyers; cybersecurity

CHI: Merri A. Baldwin, Kathryn J. Fritz



10:00 Internal Investigations – Balancing Employees Privacy Rights and Company’s Goals and Obligations
  • Structuring a Plan
  • When and how to conduct an investigation
  • He said / she said cases
  • Maintaining confidentiality
  • Unique issues with cross-border investigations

CHI: Joseph J. Lazzarotti, Rachel Roy



11:00 Networking Break

11:15 Mitigating Litigation Risk: Lessons Learned from the Trenches                     
  • Avoiding practices that may lead to trouble
  • Managing a breach to avoid litigation
  • Top claims plaintiffs are making
  • Avoiding becoming a class action target
  • Avoiding becoming an FTC, SEC or state AG target
  • Settlement trends

CHI: Antony Kim, Aimee Nolan, Jason N. Smolanoff 



12:15 Lunch

1:15 Vendor Management: Ensuring Compliance with Privacy and Cybersecurity Requirements
  • Scope of vendor management legal requirements
  • Developing a compliant vendor management program
  • Evaluating vendors from a privacy and security perspective
  • Conducting due diligence of vendor privacy and security programs and practices
  • Privacy and security provisions in vendor contracts
  • Monitoring and auditing vendor compliance

CHI: Kathleen M. Porter, Lei Shen



2:15 The Privacy and Security Challenges of New Technologies         
  • Addressing the privacy and security risks of using IoT devices
  • Avoiding the snare of biometrics laws
  • Deciphering the privacy and security issues raised by blockchain
  • Privacy and data security issues in artificial intelligence

CHI: Lisa R. Lifshitz, Stephen S. Wu



3:15 Networking Break

3:30 The Protectors: CPOs, CISOs and the Problem of Compliance Overload
  • Twenty years in the making: how has the role evolved
  • What changes has the GDPR brought to the profession?
  • What keeps them awake at night
  • How to fight the “one size fits all” syndrome
  • Communicating with regulators

CHI: Jonathan D. Avila, Robyn Eckerling, Andrew Sawyer, Krupa Shah



4:30 Adjourn

Co-Chair(s)
Francoise Gilbert ~ Greenberg Traurig, LLP
Thomas J. Smedinghoff ~ Locke Lord LLP
Speaker(s)
Jonathan D. Avila ~ Vice President, Chief Privacy Officer, Walmart Inc.
Merri A. Baldwin ~ Rogers Joseph O'Donnell
Ruth Hill Bro ~ Privacy attorney, speaker, and author,
Steven R. Chabinsky ~ White & Case LLP
D. Esther Chavez ~ Senior Assistant Attorney General, Consumer Protection Division, Office of the Texas Attorney General
Robyn Eckerling ~ Vice President, Chief Privacy and Security Counsel, Allscripts
Kathryn J. Fritz ~ Fenwick & West LLP
Antony Kim ~ Orrick Herrington & Sutcliffe LLP
Joseph J. Lazzarotti ~ Jackson Lewis P.C.
Lisa R. Lifshitz ~ Partner and Chair of the Technology, Privacy and Data Management Group, (Legal services provided through Lisa R.Lifshitz Professional Corporation), Torkin Manes LLP
Christine E. Lyon ~ Morrison & Foerster LLP
Patrice Malloy ~ Chief, Multi-State and Privacy Bureau, Senior Assistant Attorney General, Office of the Attorney General
Maneesha Mithal ~ Associate Director, Division of Privacy and Identity Protection, Federal Trade Commission
Marty Myers ~ Covington & Burling LLP
Aimee Nolan ~ Vice President, Associate General Counsel and Chief Intellectual Property Counsel, W.W. Grainger, Inc.
Kathleen M. Porter ~ Robinson & Cole LLP
Rachel Roy ~ Associate General Counsel, Global Employment and Compliance, Sensata Technologies
Andrew Sawyer ~ Director of Security, Locke Lord LLP
Krupa Shah ~ Associate General Counsel, Adtalem Global Education
Lei Shen ~ Mayer Brown LLP
Jason N. Smolanoff ~ Senior Managing Director, Global Practice Leader of Cyber Risk, Kroll, a division of Duff & Phelps
James G. Snell ~ Perkins Coie LLP
Jacob Springer ~ Division Counsel, Global Privacy Legal Lead, Abbott Laboratories
Matthew W. Van Hise ~ Assistant Attorney General, Chief, Privacy Unit, Consumer Fraud Bureau, Illinois Attorney General's Office
Hilary M. Wandall ~ Chief Data Governance Officer, General Counsel & Corporate Secretary, TrustArc
Ericka Watson ~ Lead Counsel, Global Data Privacy & EU Data Protection Officer, Danaher Corporation
Jody Westby ~ Chief Executive Officer, Global Cyber Risk LLC
Stephen S. Wu ~ Silicon Valley Law Group
Program Attorney(s)
Lauren E. Nochta ~ Senior Program Attorney, Practising Law Institute

Chicago Seminar Location and Hotel Accommodations

Hotel Allegro, 171 W. Randolph Street, Chicago, IL 60601. Hotel Direct: 312-236-0123. A block of rooms has been reserved for this program.  Please call the hotel at 1-800-KIMPTON (1-800-546-7866) to reserve  a room and ask for the group rate under the “Practising Law Institute” block or ResID: NP1.  You may also book online at Privacy 2019.  The cut off date for the preferred rate is May 13, 2019.

General credit information about this format appears below. For credit information specific to this program, please choose your jurisdiction(s) in the Credit Information box on the right-hand side of this page.


U.S. MCLE States

Alabama: PLI’s live seminars qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live seminars.

Alaska:  All PLI products can fulfill Alaska’s CLE requirements. There is no limit to the number of credits an attorney can earn via PLI products.

Arizona:  PLI’s live seminars qualify as “interactive CLE” credit. There is no limit to the number of credits an attorney can earn via interactive CLE programs.

Arkansas:  PLI’s live seminars qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live seminars.

California:  PLI’s live seminars qualify as “participatory” credit. There is no limit to the number of credits an attorney can earn via participatory programs.

Colorado:  All PLI products can fulfill Colorado’s CLE requirements. There is no limit to the number of credits an attorney can earn via PLI products.

Connecticut: Effective January 1, 2017, all PLI products can fulfill Connecticut’s CLE requirements. There is no limit to the number of credits an attorney can earn via PLI products.

Delaware:  PLI’s live seminars qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live seminars.

Florida:  All PLI products can fulfill Florida’s CLE requirements. There is no limit to the number of credits an attorney can earn via PLI products.

Georgia:  PLI’s live seminars qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live seminars.

Hawaii:  All PLI products can fulfill Hawaii’s CLE requirements. There is no limit to the number of credits an attorney can earn via PLI products.

Idaho:  PLI’s live seminars qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live seminars.

Illinois: All PLI products can fulfill Illinois' CLE requirements for experienced attorneys. There is no limit to the number of credits an attorney can earn via PLI products.

Indiana:  PLI’s live seminars qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live seminars.

Iowa:  PLI’s live seminars qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live seminars.

Kansas:  PLI’s live seminars qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live programs.

Kentucky:  PLI’s live seminars qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live seminars.

Louisiana:  PLI’s live seminars qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live seminars.

Maine:  PLI’s live seminars qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live seminars.

Minnesota:  PLI’s live seminars qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live seminars.

Mississippi:  PLI’s live seminars qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live seminars.

Missouri:  PLI’s live seminars qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live seminars.

Montana:  PLI’s live seminars qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live seminars.

Nebraska:  PLI’s live seminars qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live seminars.

Nevada:  PLI’s live seminars qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live seminars.

New Hampshire:  All PLI products can fulfill New Hampshire’s CLE requirements. There is no limit to the number of credits an attorney can earn via PLI products.

New Jersey:  PLI’s live seminars qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live seminars.

New Mexico:  PLI’s live seminars qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live seminars.

New York

Experienced Attorneys:  All PLI products can fulfill New York’s CLE requirements for experienced attorneys. There is no limit to the number of credits an attorney can earn via PLI products.

Newly Admitted Attorneys:  PLI’s transitional live seminars can be used to fulfill the requirements for newly admitted attorneys. All credit categories may be earned via transitional live seminars.

North Carolina:  PLI’s live seminars qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live seminars

North Dakota:  PLI’s live seminars qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live seminars.

Ohio:  PLI’s live seminars qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live seminars.

Oklahoma:  PLI’s live seminars qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live seminars.

Oregon:  All PLI products can fulfill Oregon’s CLE requirements. There is no limit to the number of credits an attorney can earn via PLI products.

Pennsylvania: PLI’s live seminars qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live seminars.

Puerto Rico:  All PLI products can fulfill Puerto Rico’s CLE requirements. There is no limit to the number of credits an attorney can earn via PLI products.

Rhode Island:  PLI’s live seminars qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live seminars.

South Carolina:  PLI’s live seminars qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live seminars.

Tennessee:  PLI’s live seminars qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live seminars.

Texas:  All PLI products can fulfill Texas’ CLE requirements. There is no limit to the number of credits an attorney can earn via PLI products.

Utah:  PLI’s live seminars qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live seminars.

Vermont:  PLI’s live seminars qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live seminars.

Virgin Islands:  All PLI products can fulfill the Virgin Islands’ CLE requirements. There is no limit to the number of credits an attorney can earn via PLI products.

Virginia:  PLI’s live seminars qualify as “live interactive” credit. There is no limit to the number of credits an attorney can earn via live interactive programs.

Washington:  All PLI products can fulfill Washington’s CLE requirements. There is no limit to the number of credits an attorney can earn via PLI products.

West Virginia:  PLI’s live seminars qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live seminars.

Wisconsin:  PLI’s live seminars qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live seminars.

Wyoming:  PLI’s live seminars qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live seminars.

CPD Jurisdictions

British Columbia (CPD-BC):  PLI’s live seminars qualify as “real-time” credit. There is no limit to the number of credits an attorney can earn via real-time programs.

Ontario (CPD-ON):  PLI’s live seminars qualify as “interactive” credit. There is no limit to the number of credits an attorney can earn via interactive programs.

Quebec (CPD-QC): PLI’s live seminars can fulfill Quebec’s CPD requirements.

Hong Kong (CPD-HK):  PLI’s live seminars qualify as “live” credit. There is no limit to the number of points an attorney can earn via live seminars.

United Kingdom (CPD-UK):  PLI’s live seminars can fulfill the United Kingdom’s CPD requirements.

Australia (CPD-AUS):  PLI’s live seminars qualify as “live” credit in all Australian jurisdictions. There is no limit to the number of credits an attorney can earn via live seminars.

Alberta (CPD-ALBERTA):  All PLI products can fulfill Alberta’s CPD requirements. There is no limit to the number of credits an attorney can earn via PLI products.

Dubai (CLPD-DUBAI):  PLI’s live seminars may fulfill CLPD credit requirements.

Other Credit Types

CPE Credit (NASBA): PLI’s live seminars qualify as the “Group-Live” delivery method. Please check the Credit Information box on the right-hand side of this page to verify CPE credit availability.

IRS Continuing Education (IRS-CE): PLI’s live seminars may fulfill IRS-CE requirements. To request IRS-CE credit, please notify PLI at plicredits@pli.edu of your request and include your Preparer Tax Identification Number (PTIN).

Certified Fraud Examiner CPE:  PLI’s live seminars may fulfill Certified Fraud Examiner CPE requirements. To request CPE credit or find out which programs offer CPE, please contact PLI at plicredits@pli.edu.

IAPP Continuing Privacy Credit (CPE):  PLI’s live seminars may fulfill Privacy CPE credit requirements.

HR Recertification (HRCI):  PLI’s live seminars may fulfill HR credit requirements.

SHRM Recertification (SHRM):  PLI’s live seminars qualify as "instructor-led" credit. There is no limit to the number of credits an SHRM professional can earn via instructor-led programs.

Compliance Certification Board (CCB):  PLI’s live seminars qualify as “live” training events. There is no limit to the number of credits a candidate or certification holder can earn via live programs.

Certified Anti-Money Laundering Specialists (CAMS):  PLI’s live seminars may fulfill CAMS credit requirements.

New York State Social Worker Continuing Education (SW CPE):  PLI’s live seminars may fulfill SW CPE credit requirements.

American Bankers Association Professional Certification (ABA):  PLI’s live seminars may fulfill ABA credit requirements.

Certified Financial Planners (CFP):  PLI’s live seminars may fulfill CFP credit requirements.

 

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