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Navigating Data Security, Data Privacy, and Cybersecurity Litigation Trends and Regulatory Compliance


Level: Intermediate
Runtime: 60 minutes
Recorded Date: January 31, 2024
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Agenda

Discussions will be focused on:
  • Key Considerations and best practices for navigating requirements of state regulations
  • Upcoming changes to Securities and Exchange Commission (SEC) Rule 1784 - analyzing how these revisions will impact businesses and their obligations regarding safeguarding data and preventing cybersecurity breaches
  • Key strategies that organizations must adopt to ensure compliance and safeguard customer data


For NY - Difficulty Level: Both newly admitted and experienced attorneys

Description

This session will provide an overview of the prevailing litigation trends in data security, data privacy, and cybersecurity. Our legal experts will analyze recent cases, precedents, and rulings, offering insights into emerging liability risks and strategies to mitigate potential legal challenges. Attendees will gain valuable knowledge to bolster their organization's data protection framework and minimize exposure to legal disputes.

This program was recorded as part of Law.com's 2024 Legalweek Conference!

Provided By

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Panelists

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David Stromberg

Director, Product Management - Discover
Nuix

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Joe Martinez

Director, Forensics & Technology
Complete Legal

Joe Martinez is a seasoned technology-centric executive with over two decades of experience in the field. His expertise spans many domains, including information security, technology management, corporate compliance, digital investigations, and data management. Fluent in English and Spanish, Martinez has a proven track record in data security, technical and personnel management, electronic data discovery, and infrastructure operations.

Martinez’s journey in the technology sector began with his role as a Counterintelligence Special Agent for the Department of the Army. From 2001 to 2003, he served as the Assistant Special Agent in Charge of Uijongbu Resident Office in South Korea, where he supervised 8-10 agents in counterintelligence investigations and operations. He conducted and supervised over 500 Personnel Security Investigation interviews and investigations for 2ID soldiers across the Korean peninsula.

From 2003 to 2006, Martinez served as the Assistant Supervisory Special Agent of a six-person Computer Incident Response Team at the Department of the Army, 902D Military Intelligence Group, Cyber Counterintelligence Activity (CCA), 310TH Military Intelligence Battalion. His responsibilities included leading numerous network intrusions, Computer Forensic Counterintelligence Investigations, and National Security Crimes.

In 2006, Martinez transitioned to the corporate sector, joining Guidance Software Inc. as a Senior Forensic Consultant/Manager. He reopened a closed investigative field office in the DC/Metro Area, providing computer forensic and investigative solutions to both Federal Government and Fortune 500 companies. He also implemented, installed, and trained clients in the use of the EnCase? Enterprise suite of computer forensic tools.

In 2007, Martinez joined Innovative Discovery, LLC, where he served as the Chief Technology Officer/Senior Vice President until 2020. He created and managed the Computer Forensic and Digital Evidence Processing Laboratories from inception to current capacity. He also managed and oversaw eDiscovery services, project management, client consultations, and lifecycle consulting for both end clients and law firms.

Between 2020 and 2023, Martinez served as the Chief Technology Officer/Chief Information Assurance Officer at ETRM Group (Palmeiro & Platt, PLLC). He created and expanded litigation services practices and instituted cloud-based processing, analytics, and AI workflows for new and existing customers. He also managed vendor relationships and contract negotiations for all technology, including Hardware, Software, Colocation, and Telecom.

Martinez holds an impressive array of certifications that underscore his expertise in technology and security. He is an AccessData Certified Examiner with ExterroFTK and a Computer Hacking Forensic Investigator (CHFI) certified by the EC-Council. He also holds the Certified Ethical Hacker (CEH) certification from the EC-Council. His background in counterintelligence is validated by his certification as a Counterintelligence Special Agent from the Department of the Army.

Martinez’s proficiency in digital forensics is further demonstrated by his certifications from the Department of Defense Cyber Crime Center (DCCC), including Certified Basic Digital Media Collector, Certified Basic Digital Forensic Examiner, and Certified Basic Computer Crime Investigator. He is also a licensed Private Investigator in the Commonwealth of Virginia (DCJS #99-209007).

In the realm of eDiscovery and data management, Martinez is a Relativity Certified Administrator (RCA) and a Relativity Expert. He is also a Nuix eDiscovery Specialist and holds a Reveal Sales Certification from Reveal Data. Lastly, his GIAC Critical Controls Certification from SANS attests to his knowledge and skills in implementing critical security controls.

He also holds a Bachelor of Science in Criminal Justice Administration from the University of Phoenix and a Master of Science in Information Security and Assurance from Western Governors University.

With his extensive experience and expertise, Joe Martinez continues to be a leading figure in the field of technology and security, bringing innovative solutions and robust security measures to our team.

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Melissa Ventrone

Member
Clark Hill PLC

Melissa K. Ventrone is a Member in the firm’s Chicago office where she addresses her clients’ cybersecurity needs. She reacts swiftly and decisively when she is enlisted on a cybersecurity breach. As leader of the cybersecurity breach response team, she focuses her experienced group of first responders, including lawyers and forensic investigators, on around-the-clock management of the situation and minimizing damage by working to limit any public or regulatory fallout. When not managing her clients’ urgent breach concerns, Melissa is a proactive consultant in managing data privacy and security risks. She is also a zealous courtroom advocate in cybersecurity litigation.

Melissa is a Certified Informational Privacy Professional (CIPP/US).

Melissa’s experience extends from small breaches impacting a few hundred people to larger breaches impacting millions on behalf of merchants, financial institutions, medical providers and educational institutions. Melissa and her team work with clients to preserve evidence, determine a breach's scope, document the response and craft communications that both meet legal requirements and protect a company's brand. She also advises on establishing incident call centers and staff training, and formulates other methods to protect impacted individuals from potentially negative outcomes.

Melissa has a track record of success in defending companies facing data security and privacy litigation, including class actions. She has represented a variety of clients in multiple industries in disputes related to privacy, invasion of privacy, contracts, consumer fraud, statutory claims and other matters. She has litigated cases of first impression establishing favorable law, including obtaining summary judgment in a class action case alleging damages from the theft of a hard drive, and successfully defending a merchant against a class action arising out of a credit card breach.

Melissa advises clients on compliance with state, federal and international laws and regulations. She helps companies ensure that policies, procedures and cyber crisis response plans are sufficient. Melissa runs breach simulation exercises, which are very useful tools for training, testing and enhancing a company's response time in a breach situation. When vulnerabilities are found, Melissa works with management teams, boards of directors, vendors, outside consultants and other third parties to build and execute risk-reducing action plans.

In addition, Melissa drafts and negotiates contractual agreements concerning data use and retention and privacy and security, including cloud computing contracts. She also serves as a first responder for situations involving use or misuse of computers and other devices.

Melissa's leadership abilities extend beyond her legal practice. She recently completed a distinguished 21 years of service in the Marine Corps Reserve, holding several key positions, including Company Commander for a 200-person unit, Executive Officer for a 329-person company deployed to Afghanistan, Operations Officer for a 1,000-person motor transport battalion, and the Logistics Officer for Combat Logistics Regiment 4. She also volunteers as an ombudsman for the Employer Support for the Guard and Reserve in which she serves as a mediator on employment-related disputes.

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Caroline Sweeney

Director, Knowledge Management & Innovation
Dorsey & Whitney LLP

As the Director of Knowledge Management and Innovation at Dorsey & Whitney Law Firm, Caroline is responsible for the strategic development, implementation and operation of Dorsey's firm-wide Knowledge Management and Innovation department, focusing on supporting new and creative ways of delivering legal services to clients and maximizing knowledge sharing. Her area of responsibility includes Dorsey’s LegalMine Managed Services, an example of innovative legal service delivery. Caroline is actively involved in the legal community, with a focus on technology. She is a member of the EDRM Global Advisory Council, as well as a member of The Sedona Conference (TSC) Working Group on Electronic Document Retention and Production, and The Sedona Conference Technology Resource Panel. Caroline is also active in the International Legal Technology Association (ILTA) currently serving on the Knowledge Management Content Team. Other professional memberships include the Corporate Legal Operations Consortium (CLOC) and the Association of Certified E-discovery Specialists (ACEDS). Caroline has served on a number of legal technology vendors’ client advisory boards and has experience with a wide array of technology platforms. In addition to various software certifications, she has received additional certifications in the areas of Legal Project Management and records and information management. She has participated as a presenter and faculty member at various legal technology conferences and has written various articles related to legal technology.

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Patrick Zeller

Global Chief Privacy Officer & Senior Cybersecurity Counsel
Amgen

Patrick is the Global Chief Privacy Officer and Senior Cybersecurity Counsel for Horizon Therapeutics, leading Horizon's global data protection program to drive compliance and risk management across Horizon worldwide, to support Horizon's continual enhancement and innovation of all its product offerings. Patrick is a proactive compliance leader and risk manager supporting the oversight of Horizon's enterprise risk management framework for Privacy, Data Protection, and information Governance.

Patrick leads a global compliance team and constantly strives to evolve and implement policies and procedures, together with training in the most efficient and scalable way across the world. He has demonstrated his ability to build fortified networks across Horizon to enable compliance and risk management via dialogue, understanding of the business and partnership, motivating within and outside reporting lines to meet compliance and risk management goals. He is adept at change management wherever required.

Prior to becoming Chief Privacy Officer Patrick was Abbott’s and Gilead Sciences Chief Privacy Officer for managing all the Privacy, Data Protection, and Cyber Security Counsel risk’s and advising the business leaders, Senior Risk Committee, and Board of Directors to facilitate compliance and their sustainable growth plans. Patrick has also served on the senior leadership team for Chief Information Officer (CIOs).

He is a respected interventionist, leading by example, with a track record for delivering commercially pragmatic legal and compliance advice and leadership to corporations in fast paced disruptive industries, enabling innovation, growth, and shareholder value. During her 20 years career Patrick has also proven to be versatile & creative, having designed, implemented, and managed cost effective legal and compliance functions at large F100 companies in the Pharmaceutical, Medical Device, (both HIPAA and non-HIPAA regulated), Software, and direct to consumer markets.

He has built and continues to retain talent in him teams, achieving consistently high engagement, inclusion, and diversity scores. Several members of Patrick’s team have worked for him 2-3 times and include people that relocated across the country to work for him. Overall, he is solution orientated and resilient in the face of complex challenges; finds opportunities to adapt and enhance Law and Compliance operating models to produce results for clients, meet or beat budget; and create career opportunities for team members.


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