Data Privacy and Security Compliance: Lessons for Corporate Counsel After Recent High Profile Breaches

Proactive Strategies to Avoid and Respond to a Data Breach or Cyber Attack

Recording of a 90-minute CLE webinar with Q&A

Conducted on Tuesday, November 11, 2014

Recorded event now available

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Program Materials

This CLE webinar will provide corporate counsel with an analysis of recent legal developments impacting data-privacy and information-security compliance. The panel will outline proactive strategies to reduce the likelihood of a data breach and provide best practices for responding if a breach occurs.

Description

Recent high profile data breaches at Target, Apple, Neiman Marcus, Home Depot and other major companies; the surge in data privacy class actions; the new NIST federal Cybersecurity Framework; as well as EU Data Directive reform expected in 2015 emphasize the need for corporate counsel to fine-tune their policies and practices for managing private customer and employee electronic information.

Breaches in data security damage the reputations of companies and put trade secrets, confidential corporate information and individual customers’ and employees’ personally identifiable information at risk. They also increase the likelihood of state and federal enforcement actions, fines and class action suits.

Companies’ growing use of cloud computing to virtually store private information raises a host of new privacy and security concerns for corporate counsel. Recent well-publicized incidents of virtually stored information being irretrievably lost should push counsel to negotiate agreements with cloud vendors that specifically include data security measures.

Listen as our authoritative panel of data-privacy and information-security attorneys examines recent legal developments impacting compliance with a patchwork of international and U.S. rules. The panel will outline proactive legal and technology strategies for counsel to reduce the risks associated with data breaches and best practices for responding to a breach to minimize potential liability and reputational damage.

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Outline

  1. Recent legal developments
    1. Federal law developments
    2. State law developments
    3. International law developments
    4. Recent litigation and settlements
  2. Crafting and implementing a comprehensive data privacy policy
    1. Restricting access to certain information
    2. Encryption of sensitive and/or personally identifiable information
    3. Written security policies that are consistently enforced
    4. Internal training on appropriate responses to data breach
    5. Regular monitoring of networks
    6. Contracting with cloud computing vendors
    7. Obtaining cybersecurity insurance
  3. Responding to security breaches
    1. What triggers a notification duty?
    2. Rapid notification of key company officials
    3. Investigation of the breach
    4. Timing of notification to affected individuals and state officials
    5. Memorializing actions taken in response to a security breach
    6. Litigation?

Benefits

The panel will review these and other key issues:

  • What proactive strategies should counsel take to protect the private information of customers, employees and the company?
  • What response policies should corporate counsel establish to minimize liability for disclosure of confidential information if a breach occurs?
  • What terms and conditions should counsel include in agreements with cloud computing vendors to minimize the risk of data breach?

Faculty

Brownstone, Robert
Robert D. Brownstone
Technology & eDiscovery Counsel
Fenwick & West

Mr. Brownstone advises clients on information-security, data-privacy, electronic discovery, electronic information...  |  Read More

Kidwell, Brent
Brent E. Kidwell
Partner
Jenner & Block

Mr. Kidwell is the Firm’s Chief Knowledge Counsel. He helps clients proactively prepare for electronic discovery...  |  Read More

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