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Unique Personal Privacy Issues after this Decade's Supreme Court Mobile-Devices and Geolocation Privacy Rulings


Level: Advanced
Runtime: 61 minutes
Recorded Date: January 31, 2019
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Agenda


  • Introduction and overview
  • City of Ontario v. Quon, 560 U.S. 746 (2010)
  • U.S. v. Jones, 132 S. Ct. 945, 181 L. Ed.2d 911 (2012)
  • Riley v. California, 134 S. Ct. 2473, 189 L.Ed.2d 430 (2014)
  • Carpenter v. U.S., 138 S. Ct. 2206 (2018)
  • U.S. v. Arnold, 533 F.3d 1003 (9th Cir. 2008)
  • Technological Practical Impacts
  • Legal Considerations
Runtime: 1 hour
Recorded: January 31, 2019

Description

Great, your digital location is protected by the Constitution. So what are the implications of the Supreme Court rulings in Quon (2010), Jones (2012), Riley (2014) and Carpenter (2018) regarding the future of workplace employee monitoring, for civil and criminal investigations and as to litigations? In this session, we will take a deep dive into the impacts the Supreme Court’s rulings could have on future contexts and cases.

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

Provided By

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Panelists

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Hanley Chew

Of Counsel, Partner
Fenwick & West LLP

Hanley Chew focuses his practice on privacy and data security litigation, counseling, and investigations, as well as intellectual property and commercial disputes affecting high technology and data-driven companies. Hanley regularly advises companies large and small on data breaches and cybercrimes, network and data security, and internal investigations. Hanley has received the CIPP/US certification from the International Association of Privacy Professionals.

Prior to joining Fenwick & West, Hanley was a Vice President at Stroz Friedberg, a specialized cybersecurity and risk management firm. At Stroz Friedberg, Hanley oversaw investigations of, and responses to, data breaches suffered by multiple Fortune 500 companies. Hanley also supervised forensics analyses and investigations involving hundreds of digital devices, email accounts and online repositories.

Prior to his work at Stroz Friedberg, Hanley served as an Assistant United States Attorney (AUSA) in the Northern District of California for over ten years. While there, he was a member of the Computer Hacking and Intellectual Property Unit and was responsible for investigating and prosecuting unauthorized computer intrusions, distributed denial of service attacks, trade secr et theft, trafficking in counterfeit software and hardware, criminal copyright infringement, child exploitation, and on-line fraud. Hanley also was an AUSA in the Central District of California, where he was a member of the General Crimes and Violent Crimes Units and was responsible for investigating and prosecuting a variety of federal crimes, including white collar fraud, bank robberies, narcotic and firearm offenses, and theft cases.

In addition to his work in government, Hanley was a litigation associate at two top tier law firms. He focused his practice on complex commercial litigation, securities litigation, and intellectual property litigation, appearing in both federal and state courts.

Hanley is a frequent speaker on cybersecurity and cybercrime issues and has appeared on panels sponsored by the National Advocacy Center, the San Francisco Bar Association, the Santa Clara Bar Association, and various legal and security conferences.

During law school, Hanley served as an editor on Law Review and a legal writing instructor.

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Kimberly Quan

Lead, eDiscovery & Information Governance
Juniper Networks

Kimberly Quan joined Juniper Networks, Inc. in October of 2018 and leads eDiscovery and Information Governance (IG), concentrating on operational efficiency and maturity. She is a key member of the Juniper IT Security Team that focuses on Forensics, eDiscovery, Data Loss Prevention, and IG.

Prior to Juniper, Kimberly engaged with clients on behalf of her own boutique consulting firm, KayQueue LLC and, before that, notable global public consulting firms. She has led regional and global engagements with clients in the Americas, Asia Pacific and EMEA with IG and incident response projects that also involved other disciplines, such as data preservation, project management (agile, waterfall, and blended), and change management. Her cross-discipline and cross-domain experience lead to the identification of and managing against risk. Kimberly assisted Farmers Insurance Group with building a world-class information governance and litigation support program, which program was honored in 2017 with ARMA International's highest award, Excellence for An Organization. She is currently Program Director of the San Francisco Chapter of ISSA, Vice-Chair of the Pacific region for InfraGard SIG, and has been active as a board member of the High Technology Crime Investigators Association (HTCIA), Women in eDiscovery (WiE) and as a member of several other associations, including EDRM, ISACA, ABA, etc.

Kimberly studied political science and business and administration at the University of California at Los Angeles (UCLA) and has held leadership and technical consulting roles at Navigant, Nuix, Huron Consulting Group, FTI Consulting, LexisNexis Applied Discovery, and Oracle. She also has certifications and extensive training on a wide array of platforms and technologies, and currently serves as the President of the Bay Area Chapter of the High Technology Crime Investigation Association (HTCIA), located in San Francisco.

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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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James A. Sherer

Partner
Baker & Hostetler, LLP

James Sherer is a Partner in the New York office of BakerHostetler, where he co-chairs the Information Governance practice team and serves as part of the E-Discovery and Management and Privacy and Data Protection groups. James assists with oversight of discovery and Electronically Stored Information issues for firm clients. James is also tasked with “deep dive” technological and case law-related assignments for omnibus motions and case strategy. James’s work focuses on advising on merger & acquisition due diligence; information governance practices and policies for clients; and client corporate structure and business offerings regarding international data privacy requirements.

Prior to joining BakerHostetler, James worked as an in-house litigator with a Fortune 500 company and previously practiced litigation in New York. James holds the CIPP/US, CIPP/E, CIPM, and FIP data privacy credentials, the CIP and IGP designations, and the CEDS eDiscovery specialist credential.

James attended the University of Michigan, Central Michigan University for his MBA in finance, and Columbia Law School. James is a member of The Sedona Conference? Working Groups One, Six and Eleven and served on the Search, Achieving Quality, and Data Privacy and Security Drafting Teams. He is also a member of the New York State Bar Association EDiscovery Committee as well as the New York eDiscovery Counsel Roundtable. James writes, speaks, and lectures on ediscovery, information governance, privacy, investigation and merger and acquisition issues.


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