Attention:

Lessons Learned in 2020: Moving Forward with Better Data Privacy in 2021


Level: Advanced
Runtime: 93 minutes
Recorded Date: February 08, 2021
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Agenda

  • Legislative Updates
  • Data Breach and Unauthorized Access
  • COVID
  • Ethics
  • Conclusion
Runtime: 1 hour, 33 minutes
Recorded: February 8, 2021

Description

The need for greater data protection has become increasingly clear with the breaches in both governmental agencies and private companies. Laws and regulations make compliance challenging when organizations are located globally, thus making management practices complex. An added challenge is addressing client's and consumer's expectations and securing their trust. Seasoned panelists will discuss lessons learned and moving forward in the new year.

This program was recorded on February 8th, 2021.

Provided By

American Bar Association

Panelists

Natalie Wilson

Shareholder & Attorney
Langley & Banack, Inc.

Natalie Wilson has a passion for helping businesses thrive in challenging economic and regulatory environments. She has over a decade of experience representing debtors, trustees, and creditors in commercial bankruptcy cases filed under chapters 7 and 11 of the Bankruptcy Code, including related litigation and appeals. She also consults with other members of the firm about bankruptcy-related issues or questions that may arise in litigation or transactional matters.

The foundation of Ms. Wilson’s success in the restructuring arena is her ability to quickly learn the intricacies of a particular business so that she can develop creative, yet feasible, solutions to the challenges in any given industry. One common source of great uncertainty and potential liability across all industries is cybersecurity, data protection, and privacy. Recognizing the potentially enormous impact that cyber-attacks and data breaches can have on business operations and profitability, Ms. Wilson expanded her practice to include these areas. She assists businesses in developing and implementing policies, terms of use, response plans, and in responding to adverse incidents.

Prior to joining Langley & Banack, Ms. Wilson clerked for Associate Justice Simeon R. Acoba, Jr. (Ret.) at the Hawaii Supreme Court. Her clerkship honed her research and writing skills and gave her insight into how courts decide cases. Most importantly, Justice Acoba emphasized the commitment to providing quality representation and service to every party before the Court and set an example of professionalism that established the tone for Ms. Wilson’s practice. After her clerkship, Ms. Wilson entered private practice in Honolulu, Hawaii, practicing before the bankruptcy, federal, and state courts in Hawaii.

In addition to her thriving legal practice and her membership in various bar associations, Ms. Wilson is active in the Military Spouse JD Network, a bar association for lawyers married to members of the armed forces. She previously served as Key Spouse Mentor for the 836th Cyberspace Operations Squadron and as the Key Spouse for the 92nd Cyber Operations Squadron (2016-2017) and the 624th Operations Center (2011-2012).

Ms. Wilson’s outstanding contributions to the community have been widely recognized. She has been honored as a Professional “On the Rise” by Texas Lawyer Magazine (2018), San Antonio Business Journal’s 40 Under 40 (2016), and the Belva Lockwood Outstanding Young Lawyer by the Bexar County Women’s Bar Foundation (2014). In 2020, upon her spouse’s retirement from active duty service, Ms. Wilson received the “Yellow Rose of Texas” Commission from Governor Abbott.

Sarah Hutchins

Partner
Parker Poe

Sarah Hutchins helps clients navigate business litigation, government investigations, and data privacy. She has significant experience representing clients in business disputes, including over noncompetition and non-solicitation agreements, trade secret misappropriation, and unfair and deceptive trade practices. She has a particularly deep understanding of the digital aspects of business litigation, which allows her to assist clients in quickly tracing a digital trail and isolating key material.

Sarah also has extensive experience in large-scale government investigations featuring the U.S. Department of Justice, the Securities and Exchange Commission, the Federal Trade Commission, and the Consumer Financial Protection Bureau, among other regulators. A seasoned litigator, she is admitted to practice before state and federal courts in North Carolina and Virginia, the Fourth Circuit Court of Appeals, the U.S. District Court for the District of Columbia, and the District of Columbia Court of Appeals.

Her experience with business litigation and government investigations also strengthens her cybersecurity and data privacy practice. Sarah is recognized by the IAPP as a Certified Information Privacy Professional/United States (CIPP/US), which is the gold standard for privacy professionals in America. She is also a North Carolina State Bar board certified specialist in privacy and information security law. She has counseled national companies on compliance with federal and state privacy regulations, facilitated the export of significant amounts of data out of various countries with regards to discovery in litigation, and coordinated responses to data breaches for a number of entities, including governmental and quasi-governmental entities.

In addition, Sarah's skill at the intersection of data and litigation is an integral part of her ability to manage large-scale e-discovery issues.

Within Parker Poe, Sarah leads the firm's Community Service Committee and is a member of its Recruiting Committee, Professional Review Committee, and Security Team. While at the William & Mary School of Law, she was a member of the Journal of Women and the Law and the William & Mary Moot Court Team.

Matthew F. Prewitt

Partner
Schiff Hardin, LLP

Matthew F. Prewitt is a trial lawyer with a national practice focused on the law governing confidential business and personal information and the IT systems used to store, analyze, and transmit that data. Clients engage Matt for his ability to translate complex business and technology disputes into compelling courtroom advocacy.

A substantial part of Matt’s practice is devoted to insider threat investigation and response, including protection of trade secrets and enforcement of nondisclosure agreements, noncompete agreements, and other restrictive covenants in commercial and employment relationships. Because of his experience litigating information economy disputes, clients also choose Matt as their trial counsel for business disputes relating to software development and implementation, data security breaches, and IT outsourcing. Matt advises clients on protection of sensitive competitive and personal information, information governance, litigation preparedness and avoidance, and the intersection of trade secrets, noncompetes, data security, and data privacy.

As lead trial counsel in numerous high stakes trade secrets and noncompete cases, Matt has won emergency injunctive relief in expedited proceedings in more than 30 different U.S. jurisdictions. Matt has significant experience in enforcement proceedings to compel compliance with injunctions and to win remedies for violations of court orders. He has won case-terminating sanction awards for litigation misconduct and violation of injunctions in numerous suits.

As a trial lawyer regularly leading the prosecution and defense of complex, fast track TRO and preliminary injunction motions, Matt triages the potential factual and legal issues to develop a focused strategy. Matt applies these skills in “rescue” engagements where he is called upon to augment or replace prior trial counsel at advanced stages of litigation. These engagements have provided Matt substantive experience in a broad range of business, environmental, and mass tort disputes in both the trial courts and in bankruptcy proceedings.

Matt knows how to pivot from doing battle in the courtroom to using settlement discussions to build and strengthen business relationships. Matt’s trade secrets and IT services disputes often arise in ongoing commercial relationships that require adept use of mediation, arbitration, and other methods of ADR to vindicate the client’s rights while preserving the long-term commercial relationship. When writing or accepting a settlement check is not a viable option, Matt skillfully negotiates to resolve disputes through business terms that create value for both sides. Matt is a Certified Information Privacy Professional (CIPP-US). He is an active participant in The Sedona Conference Working Group 1 (Electronic Document Production and Retention) and Working Group 11 (Data Security and Privacy Liability) as well as the recently formed Working Group 12 (Trade Secrets). He is a member of the International Association of Privacy Professionals.


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