The Future of International Data Transfers After Schrems II

Level: Advanced
Runtime: 92 minutes
Recorded Date: November 19, 2020
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  • Background
  • Draft Standard Contractual Clauses
  • New SCC Issues
  • Non-US Considerations
  • European Solutions & Issues
  • Recent Developments in US
  • Political Statements - US
  • US Issues to Consider
  • US/EU Operation Considerations
  • US/EU Risk Mitigation
  • Solutions & Consequences
Runtime: 1 hour, 32 minutes
Recorded: November 19, 2020


The Court of Justice of the European Union, in Schrems II, recently annulled the Privacy Shield Decision (which had sanctioned EU – US data transfers) on the basis that US law does not provide adequate protection to EU data subjects.

This seminar will explore the impact of the Schrems II decision on transatlantic data transfers, including the status of standard contractual clauses and binding corporate rules as a means of transfer, updates from the US and EU authorities on a possible path forward, and developments in, and consequences for, other jurisdictions. The seminar will help you to identify key issues, and provide practical guidance to formulate compliance and risk assessment strategies.

This program was recorded on November 19th, 2020

Provided By

American Bar Association


David Flint

Inksters Solicitors

David has a wealth of experience as a commercial lawyer and specializes in all aspects of non-contentious intellectual property law, with a particular emphasis on computer-related contracts and issues. He advises on data protection matters and all types of commercial contracts, particularly those with an international element or requiring cross-disciplinary expertise. David has experience in domestic, American and European courts. He has also specialized in corporate insolvency for over 35 years.

Jennifer B. Maisel

Rothwell, Figg, Ernst & Manbeck, P.C.

An emerging thought leader on the intersection of artificial intelligence and the law, Jen makes use of her technical background in information science and operations research in her practice focusing on intellectual property and privacy law issues involving cutting edge technology. Her practice encompasses all aspects of intellectual property law including litigation, patent prosecution, transactions, opinions, and counselling. She is also a Certified Information Privacy Professional in the United States (CIPP/US) and counsels clients on privacy and data security matters. She is selected to the Washington, DC Super Lawyers "Rising Star" list (2018-2021) and is included in the inaugural edition of Best Lawyers: Ones to Watch (2021), which recognizes extraordinary lawyers who have been in private practice for less than 10 years.

Jen serves a diverse range of clients, ranging from solo inventors and start-ups to Fortune 100 companies, in matters concerning artificial intelligence/machine learning, telecommunications systems, Internet of Things (IoT), “big data” technologies, mobile and website applications, and other digital technology. She represents clients in both federal courts and before the United States Patent and Trademark Office's Patent Trial and Appeal Board. She has significant experience with assisting clients from pre-litigation stages all the way through trial and appeal, as well as experience with the interplay between litigation and post-issuance proceedings. She provides counselling as to the scope, validity, and enforceability of rights of existing patents, and has drafted and prosecuted hundreds of patent applications before the USPTO for domestic and foreign-based clients.

Jen advises clients on data security policies and procedures for protecting trade secrets, along with sensitive and personal information in compliance with state and federal laws. She counsels clients on contractual, technological, and enforcement strategies to protect valuable datasets and business information, while addressing issues such as web scraping or data breaches.

Jen joined the firm full time in 2012 after graduating with honors from The George Washington University Law School. She also graduated cum laude from Cornell University's College of Engineering with a B.S. degree in Information Science, Systems, and Technology with a specialization in Operations Research and Information Engineering. She is registered to practice before the United States Patent and Trademark Office.

David Vance Lucas

Bradley Arant Boult Cummings LLP

David Lucas provides legal strategy for technology and business. He applies legal, technological and operational experience to craft strategic advice on a variety of intellectual property, international trade and complex litigation matters.

David accumulated much of his experience as general counsel for Intergraph Corporation, an international technology company. In recent years, he expanded his experience into the burgeoning biotech industry as general counsel for a clinical laboratory software company and as a member of the HudsonAlpha Foundation Board.

David is also a contributing author to various legal publications, and presenter for the American Bar Association, American Intellectual Property Lawyers Association, Alabama State Bar, American Legal Media, Federal Bar Association, Federal Circuit Bar Association and the University of Alabama School of Law.

For over two decades, David has utilized his experience and legal acumen to advise CEOs, COOs and boards of directors (public and private) on an array of legal, compliance and operational issues.

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