GDPR 8 Months Later: Trends in Litigation and Regulation

Kenneth N. Rashbaum advises multinational corporations, financial services organizations and life sciences organizations in the areas of privacy, cybersecurity, e-discovery for litigation and regulatory proceedings and information management. He counsels these entities on information governance and its compliance with federal, state, and non-U.S. laws and the interface of e-commerce and legal and regulatory liabilities in areas such as cybersecurity and breach response. Ken has vast experience in preparation of provisions in contracts, service level agreements and license agreements relating to compliance with data protection and privacy laws in the U.S. and other countries. He also leads information security and data breach response assessments, investigations and remediation initiatives; prepares policies for social media legal and regulatory compliance; and represents technology and life sciences organizations in federal and state investigations and audits, and in litigation.

Ken is a Distinguished Neutral on the Cyber Panel of the International Institute for Conflict Prevention and Resolution (“CPR”). In this capacity, he serves as a mediator in breach of contract disputes that arise from data breaches, claims of trade secret theft and disputes over cyber risk insurance coverage. Ken also serves as special e-discovery counsel for complex litigation and in matters in which electronic evidence from beyond the U.S. is required. He has been recognized internationally as a thought leader in electronic discovery and disclosure, and has served as national e-discovery counsel for multinational pharmaceutical corporations and global e-discovery counsel in products liability and IP litigation. Ken was appointed to the faculty of the Federal Judicial Center for its September, 2010 session and the Georgetown Advanced E-Discovery Institute (November 2009 and December 2012 sessions) to lead sessions on international e-discovery issues and challenges.

In his capacity as a nationally known expert on data privacy, Ken counsels healthcare organizations on compliance with federal, state and judicial standards governing protected health information. He has served as HIPAA and privacy counsel to major hospital systems, health plans, physicians’ groups, cloud computing providers and health information application developers; advised academic hospital systems on protocols for implementation of electronic health records; and provided counsel on risk management issues in access, uses and disclosures of electronic patient information.

Ken is an Adjunct Professor of Law at Fordham University School of Law and had been a member of the Adjunct Faculty at the Maurice A. Deane School of Law at Hofstra University from 2013 – 2015.

Prior to joining Barton, Ken was a senior litigation partner in the New York office of Sedgwick LLP (formerly Sedgwick, Detert, Moran & Arnold) where he was the Co-Chair of the E-Discovery, Compliance and Data Management Practice Group.

Robert Brownstone advises clients on: electronic discovery; electronic information management (EIM) and “eWorkplace” policies; retention/destruction policies and protocols; information-security and data privacy; and social-media rewards and risks. Bob collaborates with clients as to computer solutions enabling legal compliance. On a number of those issues he now advises on the impacts of international privacy laws such as the EU GDPR. Both in deposition and at trial, he has handled direct-testimony and cross-examination of expert witnesses as to electronically stored information (ESI) and computer-forensics.

A nationally recognized advisor, thought leader and resource on ESI, Bob writes the IT Law Today blog, has authored over 70 articles on law and technology issues, been cited in more than 30 law review articles and been featured or quoted more than 80 times in various media outlets. He has also delivered more than 400 presentations and chaired over 25 conferences on the following topics: Compliance; Data & Records Retention/Destruction; eDiscovery/ Electronic Information Management; ESI, Privacy and/or Social-Media in the Workplace; Information Security; and Metadata. Since 2009, Bob has taught more than ten Electronic Discovery Law & Process law school courses at the University of San Francisco (USF), Brooklyn, Santa Clara University and University of Puerto Rico schools of law. He has also been a guest lecturer at several other non-law-school universities.?

Bob is a past Chair of the executive committee of the State Bar of California’s Law Practice Management and Technology (LPMT) Section. He has served on the Advisory Boards of the National Employment Law Institute (NELI) since 2008 and of American Lawyer Media (“ALM”) LegalTech since 2015. In 2006, Bob was named a Northern California Super Lawyer and featured in a cover story of ABA’s Law Practice Magazine.

Before joining Fenwick & West in 2000, he had a varied 13-year career as a litigator, law school administrator, law school teacher and consultant. From 1995 to 2000, Bob was the Moot Court Program Coordinator at USF School of Law. During 1997-98, he also acted as Associate Dean for Academic Affairs and Director of Legal Research & Writing at JFKU School of Law. From 1992 to 2000, Bob taught Legal Research Writing & Analysis at USF Law.

Between 1990 and 1995, he had key roles in some publicized cases. From 1986 to 1990, Bob was on plaintiffs' counsel's team in the civil suit against Claus von Bulow and on Lowell Milken's defense team in the Drexel Burnham matters.

During law school, Bob was a notes editor and a published author on the Brooklyn Law Review. While earning his undergrad, he was class president as a senior and student body president as a sophomore.

Stratagem Tech Solutions is a Technology and Data Privacy consulting company with proven expertise in audits, investigations, litigation and risk, used by legal and business customers worldwide including many public sector organisations and the world’s leading corporations. Our services help customers gain insight and intelligence on the collection, processing, storage, security and maintenance of electronic data in compliance with set legislations and regulatory requirements.

We define success as achieving exceptional results that have a lasting impact on businesses, communities and individuals worldwide. This principle is the cornerstone of our ethos and it continues to underpin everything we do.

Each of the services we deliver is specifically tailored for you, our Client, and all of our Consultants that deliver these services are platform agnostic, technology independent (where possible) and vendor neutral. We understand the subject matter and understand business culture (most of us have worked in many different countries throughout the world and understand local cultural requirements as well).

We offer a full service from initial capture of the business needs to development and we share delivery risk with you by fixing our price based on clear deliverables agreed in advance, wherever we can.

Our clients choose us because we challenge convention to find new and imaginative answers to their questions. We turn those into the solutions that really work in practice, not just on paper.

Richard Vestuto is responsible for providing strategic insight, best practices guidance, and other technology based litigation and Data Retention strategies. Works with top law firms and corporate clients, developing eDiscovery Response Plans, eDiscovery Strategies, Litigation Hold policies, Document Retention audits, Early Case Assessment strategies, and Preservation / Data Acquisition plans.

A contributing member of The Sedona Conference, Sedona’s Electronic Document Retention and Production Working Group (WG1), the EDRM Project and the EDRM’s Identification and Collection Committee. He is also a member of the New York State Bar Association, American Bar Association, the ABA Advisory Panel, Section of Litigation of the ABA, ABA Cyberspace Law Committee, Association of the Bar of the City of New York, EMC’s Partner Advisory Board, International Legal Technology Association (ILTA), ARMA and the Digital Forensics Association.