Attention:
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Cyber Attacks and Data Breaches: Are You Ready?


Level: Intermediate
Runtime: 61 minutes
Recorded Date: December 04, 2019
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Agenda


  • Overview of Data Breach Regulations
  • Incident Preparedness and Security Precautions
  • NY Data Breach Notification Laws 
  • NY Consumer Protection Laws
  • NY SHIELD (Stop Hacks and Improve Electronic Data Security) Act
  • Practice Tips
  • Challenges of Cyber-Incidents
  • Common Mistakes
  • Q & A
Runtime: 1 hour
Recorded: December 4, 2019
For NY - Difficulty Level: Both newly admitted and experienced attorneys

Description

In this session, you'll hear from a regulator about evolving regulation, enforcement trends, and priorities.

This program was recorded on December 4th, 2019.

Provided By

American Bar Association
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Panelists

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Clark P. Russell

Deputy Bureau Chief, Bureau of Internet and Technology
New York State Attorney General's Office

Clark P. Russell is the Deputy Bureau Chief of the Bureau of Internet and Technology at the New York State Attorney General’s Office. The Bureau is committed to protecting consumers from online threats and has brought ground-breaking cases involving internet and technology issues, including privacy, online fraud and data security. Clark’s investigations included Secure Our Smartphones, Operation Clean Turf, and Operation Child Tracker. Clark oversees the office’s data breach notification program, and secured numerous record-setting results in data breach cases. He is also the principal draftsperson of the office’s proposed overhaul of New York State’s data security law to require new and unprecedented safeguards of personal data.

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Lana T. Yang

Senior Counsel and Manager, Legal Resources
Mitsubishi Corporation, Americas

Lana T. Yang is Senior Counsel and Manager, Legal Resources at Mitsubishi Corporation (Americas). After 11 years as a generalist in the legal and compliance division of Mitsubishi (a multinational conglomerate with diverse business lines ranging from food ingredients to precious metals) handling corporate transactions, managing litigations, and building compliance programs, Lana spent the last 5 years developing information governance and data security programs. Her current responsibilities include monitoring and developing compliance strategies in response to ever-changing U.S. privacy laws, regulations, and standards. Her IAPP privacy certifications include CIPP/US, CIPM, and CIPT.

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Joseph V. DeMarco

Partner
DeVore & DeMarco LLP

Joseph V. DeMarco is a partner at DeVore & DeMarco LLP where he specializes in counseling clients on complex issues involving information privacy and security, theft of intellectual property, computer intrusions, on-line fraud, and the lawful use of new technology. His years of experience in private practice and in government handling the most difficult cybercrime investigations handled by the United States Attorney’s Office have made him one of the nation’s leading experts on Internet crime and the law relating to emerging technologies.

From 1997 to 2007, Mr. DeMarco served an Assistant United States Attorney for the Southern District of New York, where he founded and headed the Computer Hacking and Intellectual Property (CHIPs) Program, a group of five prosecutors dedicated to investigating and prosecuting violations of federal cybercrime laws and intellectual property offenses. Under his leadership, CHIPs prosecutions grew from a trickle in 1997 to a top priority of the United States Attorney’s Office, encompassing all forms of criminal activity affecting e-commerce and critical infrastructures including computer hacking crimes; transmission of Internet worms and viruses; electronic theft of trade secrets; illegal use of “spyware”; web-based frauds; unlawful Internet gambling; and criminal copyright and trademark infringement offenses. As a recognized expert in the field, Mr. DeMarco was frequently asked to counsel prosecutors and law enforcement agents regarding novel investigative and surveillance techniques and methodologies, and regularly provided advice to the United States Attorney concerning the Office’s most sensitive computer-related investigations. In 2001, Mr. DeMarco also served as a visiting Trial Attorney at the Department of Justice Computer Crimes and Intellectual Property Section in Washington, D.C., where he focused on Internet privacy, gaming, and theft of intellectual property.

Since 2002, Mr. DeMarco has served as an Adjunct Professor at Columbia Law School, where he teaches the upper-class Internet and Computer Crimes seminar. He has spoken throughout the world on cybercrime, e-commerce, and IP enforcement. He has lectured on the subject of cybercrime at Harvard Law School, the Practicing Law Institute, the National Advocacy Center, and at the FBI Academy in Quantico, Virginia, and has served as an instructor on cybercrime to judges attending the New York State Judicial Institute. Prior to joining the United States Attorney’s Office, Mr. DeMarco was a litigation associate at Cravath, Swaine & Moore in New York City, where he concentrated on intellectual property, antitrust, and securities law issues for various high-technology clients. Prior to that, Mr. DeMarco served as law clerk to the Honorable J. Daniel Mahoney, United States Circuit Judge for the Second Circuit Court of Appeals. Mr. DeMarco holds a J.D. magna cum laude from New York University School of Law. At NYU he was a member of the NYU Law Review. He received his B.S.F.S. summa cum laude from the Edmund A. Walsh School of Foreign Service at Georgetown University.


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