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Adventures in Data Security Lawyering


Level: Advanced
Runtime: 92 minutes
Recorded Date: July 11, 2019
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Agenda


  • General Background on data security law
  • Evaluation of why it is hard to be a lawyer in this area
  • Discuss general parameters for legal advice on data security
  • Perspective from an in-house lawyer
  • Q & A
Runtime: 1 hour and 32 minutes
Recorded: July 11, 2019

Description

Panelists will focus on understanding the challenges of being a data security lawyer, especially as it pertains to sophisticated technical issues requiring "reasonable and appropriate" standards and compliance.

In this program, you'll learn how data security compliance is different from privacy and other more traditional lawyer roles. Faculty will analyze the skills you need in this area; outline how you can best represent your plan or company; and how to work most effectively with your IT professionals. Ethical challenges facing data security lawyers will also be touched on.

This program was recorded on July 11th, 2019.

Provided By

American Bar Association
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Panelists

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Cyndi M. Baily

COO (Chief Operating Officer)
Medical Metrics Diagnostics

Cyndi brings years of medical device and technology transfer experience to MMDx. As Senior Vice President and General Counsel at Baylor College of Medicine she was an integral part of the College’s technology transfer program and served as a board member of BCM Technologies, Inc. She also implemented the College’s research compliance program and regularly worked with the IRBs there. Cyndi has worked for several large publicly traded health care and medical device companies and also is very experienced in data privacy and security law.

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Kirk J. Nahra

Partner
WilmerHale

Kirk Nahra has been a leading authority on privacy and cybersecurity matters for more than two decades. Indeed, he is one of the few lawyers in the world ranked in Band 1 by Chambers in privacy and data security. Mr. Nahra counsels clients across industries, from Fortune 500 companies to startups, on implementing the requirements of privacy and data security laws across the country and internationally. He also advocates for clients experiencing privacy and security breaches, and represents clients in contract and deal matters, enforcement actions, regulatory investigations and related litigation.

Mr. Nahra is best known for his work with health insurers, hospitals, service providers, pharmaceutical manufacturers and other health care industry participants. He has a deep understanding of the privacy and security issues healthcare companies face relating to HIPAA rules, state and federal legislation, enforcement activities, internal investigations, international principles, due diligence in transactions, data breach risk assessments, and the key lines between regulated and unregulated data. During his decades of experience, Mr. Nahra has developed compliance programs, drafted privacy and information security policies, negotiated agreements involving health data, responded to health incidents and defended clients against government investigations.

Mr. Nahra also has substantial experience working with clients in the financial services and insurance industries on privacy and data security matters relating to the Gramm-Leach-Bliley Act, Fair Credit Reporting Act, Fair and Accurate Credit Transactions Act, data aggregation and sharing practices, and privacy and data security compliance under a wide range of state and federal laws. He also has a breadth of experience drafting and evaluating data security practices and policies across varying industry standards; has investigated and litigated potential fraud against insurers, and has assisted with the development and oversight of corporate compliance programs.

Additionally, Mr. Nahra is well versed in a variety of other privacy and consumer protection issues, including marketing laws pertaining to email, phone and online communications; the Children's Online Privacy Protection Act; and the Family Educational Rights and Privacy Act of 1974.

A leader in the privacy bar, Mr. Nahra has been involved in developing the privacy legal field for 20 years. As a founding member and longtime board member of the International Association of Privacy Professionals, he helped establish the organization’s Privacy Bar Section and their first and most popular certification for Certified Information Privacy Professionals. He has taught privacy issues at several law schools, including serving as an adjunct professor at the Washington College of Law at American University and at Case Western Reserve University. In addition, he currently serves as a fellow with the Cordell Institute for Policy in Medicine & Law at Washington University in St. Louis and as a fellow with the Institute for Critical Infrastructure Technology. He actively shares his privacy insights through numerous speeches and articles, and on social media.


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