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The State of Data Breach Litigation: What You Need to Know and How to Protect Yourself

Level: Advanced
Runtime: 60 minutes
Recorded Date: January 31, 2019
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  • Introduction and Polling Audience
  • Potentially Conflicting Concerns
  • Civil Litigation Landscape
  • Regulatory Enforcement and Proceedings
  • Cyberinsurance
  • Mitigation - Practical Tips - Proactive & Reactive
  • Takeaways/To-Do's
Runtime: 1 hour
Recorded: January 31, 2019


The number of records compromised in data breaches since the start of 2017 has increased at an astounding rate. This huge uptick has led to numerous data breach litigations in the civil and regulatory contexts. In this session, highly experienced lawyers and technologists will discuss the major cases and trends from 2018 and will address practical measures organizations can take to try to reduce their risks of breaches and resultant legal liability.

This program was recorded as part of ALM's Legalweek Conference on January 31st, 2019.

Provided By

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Matthew Todd Ph.D., CISM, CIPP/E, CIPP/US, GCED

Principal Consultant
Full Scope Consultant

As a consultant with Full Scope Consulting, Dr. Matthew Todd assists clients in translating complex legal, regulatory, and client-based data security and privacy obligations into practical policy and practice within the context of budgets and corporate strategies.

Prior to his consulting work, he was the Chief Security Officer and Vice President of the Office of Risk Management [ORM] for Financial Engines, Inc., a publicly traded, independent registered investment advisor serving retirement plan participants, with over 10M client records and $1T in assets under contract. In this role, Dr. Todd worked with legal, compliance and audit teams to help company business units identify and mitigate risks across the enterprise.

Prior to his role in ORM, he created and managed the team responsible for the security, implementation and maintenance of systems, networks and confidential customer financial data, including diverse secure data connections with leading US financial service providers. Throughout his tenure, he was responsible for policy, practice, and audit in matters of security, privacy and compliance, working with clients, partners and internal legal, compliance and technical teams.

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Roberta Anderson Sutton

Partner and Practice Leader, Insurance Recovery and Risk Management
Potomac Law Group, PLLC.

Ms. Sutton concentrates her practice in the areas of insurance recovery, risk management counseling, and emerging cybersecurity, privacy, and data protection-related issues, including security incident planning and breach response, and directors and officers liability-related issues. In addition to successfully pursuing her clients’ insurance recoveries in disputed insurance claims settings, and assisting clients in recovering hundreds of millions in insurance assets, Ms. Sutton counsels clients proactively on complex insurance placement and risk management issues. She advises clients in assessing their potential cybersecurity, privacy, and management liability risks, among myriad other forms of corporate risk, and in securing appropriate insurance to cover those risks. Ms. Sutton provides clients with strategic advice on ways in which they can best maximize the value of their current and historic insurance assets. She also has extensive experience conducting insurance due diligence in connection with mergers and acquisitions and in drafting contractual risk transfer provisions, including insurance and indemnity clauses.

For over two decades, Ms. Sutton has successfully represented clients in connection with a broad spectrum of insurance claims and issues arising under almost every kind of business insurance policy, and has extensive experience in the selection, drafting, negotiation, and placement of Cybersecurity, Privacy and Data Protection (Cyber), Directors & Officers (D&O), Management Liability, Errors and Omissions (E&O), Technology E&O, Commercial General Liability (CGL), Commercial Property, Business Interruption, Professional Liability, Employment Practices Liability, Fidelity, Fiduciary, Crime, Political Risk, Environmental, Terrorism, and many other types of insurance coverage. Her experience includes all phases of coverage litigation through trial and appeal, and international arbitrations.

A recognized national authority in cybersecurity, privacy, and data protection, insurance recovery, and directors and officers liability issues, Ms. Sutton frequently lectures on these subjects, and provides interviews to leading industry publications and mainstream publications, such as The New York Times and The Washington Post. She currently serves as Vice-Chair for the American Bar Association’s Tort and Insurance Practice Section Cybersecurity and Data Privacy General Committee. She has spoken on a variety of insurance coverage and litigation practice issues for The Risk and Insurance Management Society (RIMS), Strafford, Law Seminars International, the American Bar Association (ABA), and various local bar association and other professional programs. She is delighted to have coauthored the cybersecurity guide for executives, Navigating the Digital Age: The Definitive Cybersecurity Guide For Directors and Officers.

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Isis Miranda

London Fischer LLP

Ms. Miranda concentrates her practice in civil litigation and appeals. She also advises on cyber liability, data privacy, and insurance coverage issues.

Prior to joining London Fischer, Ms. Miranda served as a judicial extern to The Honorable Richard R. Clifton of the Ninth Circuit Court of Appeals, Justice Richard Pollack of the Hawaii Supreme Court, and Judge Yvette Palazuelos of the Los Angeles Superior Court.

Ms. Miranda argued before the Ninth Circuit Court of Appeals for a pro bono appeal she co-managed as part of the Southwestern Appellate Litigation Clinic while in law school. The Clinic subsequently received the Ninth Circuit’s Distinguished Pro Bono Service Award.

Ms. Miranda, a former information technology consultant, is a frequent speaker on topics involving the intersection of technology and the law.

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Mark Knepshield

Senior Vice President
McGriff, Seibels & Williams

I realized at the beginning of my career as an attorney that I found insurance law and policy construction very interesting and took joy creating great results for my clients. As a result, my clients benefit from a persistent effort to push boundaries on coverage and implement insurance programs that are of strategic value. It's when these programs are called upon and they respond as the client expected that I know I've accomplished something meaningful for my clients. And that is why I get up every morning excited about my career.

My clients recognize that I place their interests at the forefront of everything I do on their behalf, and motivated to provide world class expertise and service. I've worked in one capacity or another in the insurance industry for over 20 years and bring a wealth of experience to my clients. I drafted one of the first private equity D&O / E&O policies available in the market in the late 90's and successfully placed one of the largest D&O loss buyout policies in AIG's history, Further, I've handled a large number of IPOs across all industries and one of the top IPO specialist in the REIT sector.

I specialize in D&O, E&O, Cyber, EPL, Crime, Special Crime, Fiduciary and transactional liability insurance for Fortune 1000, private equity and large privately held companies. I am adept at designing, marketing and placing insurance programs as well as claims management. I successfully negotiated tens of millions of dollars of insurance contributions from carriers on complex claims. I maintain strong relationships with the management teams at all major insurance carriers.

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Robert Brownstone

Chair, Electronic Information Management; Technology & eDiscovery Counsel
Fenwick & West LLP

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.

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