Law Seminars International Presents: The Third Annual Comprehensive Conference on

Data Breaches and Cybersecurity
Technological and Legal Trends in a Rapidly Changing Landscape



January 11 & 12, 2016
Courtyard Marriott / Pioneer Square in Seattle, WA

Featured Speaker Sample Video

Hillery Nye, GC at Glympse, on Special Cybersecurity Issues for Mobile Devices

Who Should Order This Homestudy

Attorneys, business executives, government officials, and consultants involved with critical infrastructure and sensitive information needing protection from cyber attacks

Why You Should Order

Cybersecurity is a field that is difficult to define let alone master, as legal, policy and technological developments are occurring at a dizzying pace. Specifically, the technologies for collecting, storing, analyzing and classifying data are rapidly evolving, as new business models are developed to capture valuable insights from raw data. As data becomes more valuable, however, hackers are also upgrading their capabilities, both in terms of the technologies they use and their tactics for exploiting victims. You and your customers, for example, may now face a variety of blackmail demands from people who threaten to remotely unlock their house or take control of the car they are driving.

At the same time, consumers are becoming increasingly concerned about a real loss of privacy and anonymity as they go about their daily lives. State, federal, and international regulations to address those concerns are proliferating.

So what to do? An effective defense strategy requires an understanding of both technological capabilities and legal structures. The level and approach to protection that you want to adopt requires an accurate and individualized risk assessment. The stakes are too high to go it alone, so it's also important to understand insurance options and what you'll need to negotiate a cost-effective package and meets your needs.

Updating your strategy suggests change and change creates the additional challenge of updating older legacy systems that were designed before cybersecurity became a concern.

We have assembled a group of leading experts with deep experience in all aspects of cybersecurity and cloud security planning and response to share current information, new developments, and their own insights with you.

Don't miss this opportunity for a stimulating and enlightening discussion of cybersecurity policy, risk management, and practical solutions.

~ Program Co-Chairs: Rob McKenna, Esq., Orrick, Herrington & Sutcliffe LLP, and Tyson Storch, Esq., Microsoft

What You Will Learn

What Attendees Said



Agenda

Monday, January 11, 2016

8:00 am

Registration Opens

 
8:30 am

Introduction & Overview

Robert M. McKenna, Esq., Program Co-Chair
Orrick Herrington & Sutcliffe LLP / Seattle, WA

Tyson E. Storch, Esq., Program Co-Chair, Director, Cybersecurity Strategy and Policy Center
Microsoft Corp / Redmond, WA

 
8:45 am

Cybersecurity as an Inherently Global Endeavor: Major Developments with Respect to the New EU General Data Protection Regulation

Europe's changing landscape for cybersecurity enforcement

Phil Lee, Esq., CIPP/E CIPM
Field Fisher Waterhouse LLP / Palo Alto, CA

 
9:30 am

Data & Privacy: Where the Technology is Headed and the Resulting New Legal Issues on the Horizon

Anticipated friction with existing privacy and data security law; where the law seems to be headed and should be headed in response to rapidly evolving technologies

Aravind Swaminathan, Esq.
Orrick, Herrington & Sutcliffe LLP / Seattle, WA

 
10:15 am

Break

 
10:30 am

Update on State and Federal Legislative and Regulatory Developments in Cybersecurity and Breach Law

Federal legislative and regulatory trends

Michelle W. Cohen, Esq., CIPPUS, IAPP
Ifrah Law / Washington, DC

A detailed look at Washington's new data security statute and implementation plans; how the Washington approach differs from other states

Shannon E. Smith, Esq., Chief of the Consumer Protection Division
Washington State Attorney General's Office / Seattle, WA

 
12:00 pm

Lunch (on your own)

 
1:15 pm

Practical Tips for Managing Litigation and Dealing with the Regulators

How the regulatory pieces fit together (including what agencies are most active in what areas); how the litigation overlay varies with legal theories for recovery of damages by victims; dealing with parallel government investigations

Sean B. Hoar, Esq., CISSP CIPPUS
Davis Wright Tremaine LLP / Portland, OR

 
2:00 pm

FTC vs. Wyndham

A detailed look at the Court of Appeals decision on the scope of FTC authority; FTC enforcement priorities; tips for ensuring that your security measures meet "reasonable industry standards"

Charles A. Harwood, Esq., Director, Northwest Region
Federal Trade Commission / Seattle, WA

Douglas H. Meal, Esq.
Ropes & Gray LLP / Boston, MA

 
3:00 pm

Break

 
3:15 pm

Data Breach Forensics

Practical tips for setting up ensuring internal IT readiness for responding to breaches

Kevin J. Murphy, Director, Windows Security Architecture Operating Systems Group
Microsoft / Redmond, WA

Technical overview of a typical forensics investigation

Andreas T. Kaltsounis, Esq., Vice President
Stroz Friedberg LLC / Seattle, WA

Legal perspective on how the evidence you collect will be used in court; chain of custody and other issues relating to admissibility; applicability of attorney client privilege to preserve confidentiality; points where outside counsel is most desirable

Jenny A. Durkan, Esq.
Quinn Emanuel Urquhart & Sullivan, LLP / Washington, DC

 
5:00 pm

Continue the Exchange of Ideas: Reception for Faculty and Attendees

Sponsored by Microsoft and Orrick, Herrington & Sutcliffe LLP

 

Tuesday, January 12, 2016

8:30 am

Introduction to Day 2: Practical Solutions

Robert M. McKenna, Esq., Program Co-Chair
Orrick Herrington & Sutcliffe LLP / Seattle, WA

Tyson Ernst Storch, Esq., Program Co-Chair, Director, Cybersecurity Strategy and Policy Center
Microsoft Corp / Redmond, WA

 
8:45 am

Litigation as an Additional Business Strategy and Government Policy Driver: Decisional Trends in Recent Court Cases Involving Data Security Breaches

Overview of recent cases on standing, standards of care, and calculation of damages

Jeffrey L. Cox, Esq., CIPP/US/E
Orrick Herrington & Sutcliffe LLP / Seattle, WA

 
9:45 am

"Supercookies" and Other Transparency Issues with the Way Mobile Devices Work

Implications of service provider transmitting Unique Identifier Headers to selected websites for the purpose of tracking individual consumer behavior

Hillery L. Nye, Esq., General Counsel and Chief Privacy Officer
Glympse, Inc. / Seattle, WA

 
10:15 am

Break

 
10:30 am

Special Privacy Issues for Public Agencies with Open Records Obligations

Privacy and State Government - New Strategies for a New Reality

Alex Alben, Chief Privacy Officer
Washington Technology Solutions / Olympia, WA

 
11:00 am

Privacy and Security in Cloud Services

Overview of the privacy and security aspects of cloud services offerings, including standards, agreement terms and negotiation strategies

Wendy R. Kearns, Esq.
Davis Wright Tremaine LLP / Seattle, WA

The anatomy of an EU cloud deal: What's similar and what's different and do EU standard models and guidance help or hinder?

Mark Webber, Esq., Registered Foreign Legal Consultant
Fieldfisher (Silicon Valley) LLP / East Palo Alto, CA

 
12:15 pm

Lunch (on your own)

 
1:30 pm

Wrap-up Panel on Risk Management and Risk Transfer Strategies

General counsel as the risk manager: Issues to consider for setting up internal structures and operations for compliance; working with the Chief Information Security Officer; pros and cons of currently available cyber insurance products

Jeffrey A. Christianson, Esq., General Counsel
Nintex / Bellevue, WA

Insurance coverage: Trends in coverage options and costs; tips for evaluating policies

Scott N. Godes, Esq.
Barnes & Thornburg LLP / Washington, DC

Lessons from recent insurance coverage litigation

Richard J. DeNatale, Esq.
Jones Day / San Francisco, CA

 
3:00 pm

Evaluations and Adjourn

 


Cost

Regular tuition for in person or webcast attendance for this program is $1245 with a group rate of $935 each for two or more registrants from the same firm. For government employees, we offer a special rate of $830. For students, people in their job for less than a year, and public interest NGO's, our rate is $622.50. All rates include admission to all seminar sessions, food and beverages at breaks, and all course materials. Make checks payable to Law Seminars International.

Financial aid is available to those who qualify. Contact our office for more information.

Continuing Education Credits

Live credits: This program qualifies for 11.25 WA CLE credits. Upon request, we will apply for, or help you apply for, CLE credits in other states and other types of credits.



Cancellation

There is a $25 cancellation fee for Course Materials orders and $50 for Homestudy orders



Faculty Bios

Rob McKenna, Program Co-Chair, partner, Orrick, Herrington & Sutcliffe LLP, is Co-Head of the firm's Public Policy Group. He is the former Attorney General of the State of Washington, and is experienced in public policy, appellate law and investigations.
Full bio and contact info for Rob McKenna at Orrick, Herrington & Sutcliffe LLP

Tyson E. Storch, Program Co-Chair, is the Director of Microsoft's Cybersecurity Strategy and Policy Center and is on the Global Security Strategy and Diplomacy team. He is responsible for cloud and cybersecurity policy and regulatory risk management.

Alex Alben, Chief Privacy Officer, Washington State Office of the Chief Information Officer, has played a leadership role in the field of digital media. He helped launch ESPN.com and ABCNews.com, and served in senior management at RealNetworks.

Jeffrey A. Christianson, is General Counsel of Nintex, a world-leading work flow software company. Previously he was Executive Vice President and General Counsel of F5 Networks, Inc., a global leader in application delivery networking.

Michelle W. Cohen, CIPP/US, IAPP, member, Ifrah Law, counsels on data privacy and security and has handled data breaches, including notifications and attorney general inquiries. She has written articles on the legal issues simultaneously developing along with big data, cyber security, data privacy and e-commerce. She has been named by American Lawyer as a Top Technology Lawyer.

Jeffrey L. Cox, CIPP/US/E, senior associate, Orrick Herrington & Sutcliffe LLP, member of the Cybersecurity & Data Privacy and the Intellectual Property Group He focuses on privacy and cybersecurity-related matters, as well as intellectual property disputes, anti-trust, and Internet fraud litigation.

Richard DeNatale, partner, Jones Day advises corporate policyholders on insurance claims and coverage litigation. He is one of the nation's leading lawyers in the field of cyber insurance and data breach claims and has handled insurance claims for some of the largest breaches in history.

Jenny A. Durkan, partner, Quinn Emanuel Urquhart & Sullivan, LLP, is nationally recognized for her leadership in the areas of cyber crime, complex litigation, governmental policy and legislative strategy. She is Global Chair of the Cyber Law and Privacy Group. Previously she was U.S. Attorney, Western District of Washington.

Scott N. Godes, partner, Barnes & Thornburg LLP, is an insurance recovery litigator and counselor. He focuses his policyholder-side coverage practice on insurance coverage for cybersecurity and data privacy risks. He is a co-chair of his firm's Data Security and Privacy Practice and co-chair of the ABA's Cyber Risk & Data Privacy Subcommittee of the Insurance Coverage Litigation Committee.
Full bio and contact info for Scott N. Godes at Barnes & Thornburg LLP

Charles A. Harwood, Director, Federal Trade Commission's Northwest Region, was Deputy Director of the Federal Trade Commission's Bureau of Consumer Protection and Counsel to the U.S. Senate's Committee on Commerce, Science and Transportation.

Sean B. Hoar, CISSP, CIPP/US, partner, Davis Wright Tremaine LLP, is experienced with prosecuting cybercrime, identity theft, internet fraud for the U.S. Dept. of Justice. He counsels businesses and organizations on information security and cyber security threats and assists them in preparing for security incidents.

Andreas T. Kaltsounis, Vice President, Stroz Friedberg LLC, draws upon his investigative experience as a former state and federal law enforcement officer. He is experienced in computer forensics and technology, and manages data breaches and cybercrimes, network and data security, internal investigations, and digital forensics.

Wendy R. Kearns, partner, Davis Wright Tremaine, LLP, represents technology clients including software, software services, technology entertainment, wireless, and semiconductor companies, and is experienced in cloud services and platform transactions.

Phil Lee, CIPP/E, CIPM, is a partner in the Privacy and Information Law Group, Field Fisher Waterhouse LLP, and runs the Palo Alto office of Field Fisher Waterhouse LLP, California..

Douglas H. Meal, partner, Ropes & Gray LLP, played a leading role in the firm's privacy and data security practice, specializing particularly in representing clients targeted by litigation and government investigations stemming from highly publicized data security breaches by leading corporations.

Kevin J. Murphy, Director of Windows Security Architecture for the Microsoft Operating Systems Group is a retired air force intelligence officer. He holds a CISSP, CIGEIT, and CISM certification, and has over 25 years of experience in intelligence and cyber security.

Hillery L. Nye, General Counsel and Chief Privacy Officer, Glympse, Inc., focuses on development, licensing and distribution agreements. She develops legal strategies and negotiates progressive business agreements, designs and crafts calculated business models.

Shannon E. Smith, Senior Counsel and Chief of the Consumer Protection Division, Washington State Attorney General's Office, manages the Consumer Protection Division's litigation, enforcement, consumer services, and consumer outreach. She also oversees the State's Lemon Law Administration and Manufactured Housing Dispute Resolution Program.

Aravind Swaminathan, partner, Orrick, Herrington & Sutcliffe LLP, is the Global Co-Chair of its Cybersecurity and Data Privacy Practice. He represents companies in cybersecurity incidents and data breaches, as well as proactive cybersecurity risk assessment and management.
Full bio and contact info for Aravind Swaminathan at Orrick, Herrington & Sutcliffe LLP

Mark Webber, partner & Registered Foreign Legal Consultant, Field Fisher Waterhouse (Silicon Valley) LLP, focuses on international technology and internet law and is a leading contract and regulatory specialist in EU based technology transactions, particularly those with a disruptive component. He advises where cloud, digital and online technologies converge and leverage IP and/or data in order to add value.

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