Attention:

Understanding CCPA & U.S. State Privacy Regimes


Level: Advanced
Runtime: 58 minutes
Recorded Date: February 06, 2020
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Agenda


  • Overview of Various U.S. States' Privacy Laws
  • GDPR Enforcement to Date as Predictor of U.S. States' Enforcement
  • Compliance
  • Risk Mitigation & Transfer
  • Conclusion
  • Q & A
Runtime: 1 hour
Recorded: February 6th, 2020

Description

In the summer of 2018, California passed its landmark set of privacy statutes, the California Consumer Privacy Act ("CCPA"), effective January 1, 2020. Since that time, numerous other states have added their own legislation, some more data privacy driven and others more focused on data security. That amalgam of laws added to a series of state enforcement agency regulations promulgated in Colorado, New York and Vermont. Pressure from global businesses, such as AT&T and IBM, urging the federal government to create a more comprehensive consumer data privacy law should only increase the number of state - and perhaps even federal- legislative introduced.

This program was recorded as part of Law.com's Legalweek Conference on February 6th, 2020.

Provided By

Legalweek

Panelists

Shannon K. Yavorsky

Partner
Venable LLP

Shannon Yavorsky is a U.S., Irish, and English law qualified attorney who counsels clients on a broad range of U.S. and European data privacy and security issues, including the California Consumer Privacy Act (CCPA), General Data Protection Regulation (GDPR), cross-border data transfer, data breaches, and global privacy compliance. She has significant experience with model contract clauses, privacy policies, website terms and conditions, data processing agreements, and advising clients on self-certifying to the EU-U.S. and Swiss-U.S. Privacy Shield Frameworks. She advises multinational clients across industry sectors, with an emphasis on advertising, healthcare, and automotive. Shannon regularly advises on an array of privacy and security laws and regulations, including the GDPR, CCPA, the Gramm-Leach-Bliley Act (GLBA), California's Financial Information Privacy Act (CalFIPA), the Children's Online Privacy Protection Act (COPPA), the Controlling the Assault of Non-Solicited Pornography and Marketing (CAN-SPAM) Act, and state data breach notification obligations.

David M. Strauss

Partner
Husch Blackwell

Co-leader of Husch Blackwell's Data Privacy, Cybersecurity & Breach Response team, David is one of the leading legal voices on privacy law. Accredited by the International Association of Privacy Professionals as a Fellow of Information Privacy, Certified Information Privacy Professional/ United States (CIPP/US) and Certified Information Privacy Technologist (CIPT), he brings to the table a deep engagement with the subject matter and demonstrated excellence in handling these matters for clients. In 2018, he served as the outside subject-matter expert for the Colorado Attorney General’s office, assisting with drafting Colorado’s cybersecurity legislation.

David regularly counsels clients on complying with existing and emerging privacy and information security laws, including the European Union’s General Data Protection Regulation (GDPR), the California Consumer Privacy Act of 2018 (CCPA) and other emerging state privacy and information security statutes. He also works proactively with clients to draft incident response plans and address the legal strategic components of ‘war-game’ scenarios that test an organization’s ability to respond to cyberattacks.

He has counseled numerous clients in responding to data breaches, including managing multi-state breach notifications, providing employee training, appearing before regulators, handling disputes arising from cybersecurity issues, and unique fund recovery efforts.

A frequent author and speaker on privacy and cybersecurity, David has been quoted in numerous publications, including the Wall Street Journal, Cybersecurity Law Report, Law360, and Law Technology News. He is also a frequent blogger, recognized as a Top Author in JD Supra’s fourth annual Readers’ Choice Awards in the Cybersecurity and Data Collection & Use categories for his authorship of pieces on CCPA among others.

In 2018, ColoradoBIZ magazine named David a “Top 25 Most Influential Young Professional.” He received his Juris Doctorate from Rutgers School of Law – Camden with highest honors.

Justin J. Boron

Partner
Freeman Mathis & Gary LLP

Justin is a member of Freeman Mathis & Gary’s Data Security, Privacy & Technology practice. He advises clients nationally on compliance with U.S. federal and state data security and privacy laws and serves as breach response counsel in data security incidents. He also assists clients to prevent and manage data security events through security and privacy assessments, development of written policies and procedures, drafting and negotiation of vendor contracts, and workforce training.

Justin also defends technology businesses in privacy litigation, involving single-plaintiff claims and class actions , as well as in business-to-business litigation and other Technology Errors & Omissions (Tech E&O) claims.

Robert Brownstone

Technology & eDiscovery Counsel and Chair, EIM Practice Group
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.?

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