Tempering Innovation: The Riskier Side of Digital Transformation

David Kessler is the Head of Data and Information Risk, United States and is a thought leader on issues involving discovery, data privacy, records management, and cyber security.

David counsels clients on a range of data privacy matters focusing on compliance and cross border data transfers. David has provided advice regarding the Stored Communication Act (SCA), the Health Insurance Portability and Accountability Act (HIPAA), the Children's Online Privacy Protection Act (COPPA) and Family Educational Rights and Privacy Act (FERPA). He also provides advice to multinational clients regarding compliance with EU data protection and privacy laws including the General Data Protection Regulation (GDPR), where he works closely with his colleagues in the EU.

David acts as global discovery counsel for technology, finance, pharmaceutical and manufacturing companies where he helps them address litigation readiness, cross border discovery complications and acts as special discovery counsel in complex litigations. David focuses not only on tactical e-discovery issues in particular cases, but advises clients regarding strategic e-discovery portfolio management and data governance. For example, David has helped clients with emergency ex parte preservations orders; negotiations with opposing counsel regarding disaster recovery data; establishing that opponents had fabricated e-mails; and developed litigation readiness protocols

David has a particular focus on cross-border discovery. David was recently the counsel of record for an amicus brief before the United States Supreme Court in United States v. Microsoft addressing the importance of comity in cross border discovery. David has helped clients preserve, collect, process and transfer data from countries all over the world including, by way of example, Australia, Brazil, Canada, China, Germany, India, Italy, Nigeria, Japan, South Africa, Spain, Switzerland, and the United Kingdom. David is a contributor to and has been a faculty member for the Sedona Conference's (one of the world's leading e-discovery organizations) Work Group 6 on International Electronic Information Management, Discovery and Disclosure.

David is an adjunct professor at the University of Pennsylvania Law School where he teaches an advanced seminar on "E-Discovery."

David is a Certified Information Privacy Professional (CIPP/E) through the International Association of Privacy Professionals (IAPP).

As part of his information governance practice, David has advised clients on where and how to store and manage data globally as well as how to integrate record retention, data security and e-discovery into the fabric of their IT infrastructure. Beyond helping clients stand up information governance programs with policies and record retention schedules, David counsels clients on mobile device management, ephemeral data, disaster recovery and business continuity systems and the cloud. He also has represented clients in defensible data disposition projects and examining the contours of their own dark data.

As part of the firms cybersecurity team, David has represented clients both preparing for and responding to cyber incidents. He has drafted and revised incident response plans (IRPs), run table top exercises and helped clients select and contract with forensic and public relations vendors. David has advised clients about the scope of data breaches and the company's obligations to notify the appropriate authorities and the people affected by the breach. Finally, David has represented clients in investigations by the FTC into suspected incidents and the quality of the clients' preparations and response.

He received his B.A. with honors from the University of Florida and his J.D., summa cum laude, from the American University Washington College of Law

Ryan Spelman is a Senior Manager with Kroll CyberClarity360. This ground-breaking solution helps organizations understand and manage their exposure to third-party cyber risk through best of breed analytical tools and subject matter expertise.

Ryan joined the firm from the Center for Internet Security (CIS), where he led strategic business partnerships and oversaw the creation of risk assessment software at CIS that has been used by insurance companies to underwrite thousands of local governments across the country.

Ryan previously served as the Director of the New York State Senate Committee on Veteran's, Homeland Security and Military Affairs.

Lee Tiedrich brings together an undergraduate education in electrical engineering and over twenty-five years of legal experience to counsel clients on a broad range of intellectual property and technology transactions matters. She co-chairs Covington's global, multidisciplinary Artificial Intelligence ("AI") initiative. Ms. Tiedrich has been recognized in Legal 500 as a Leading Lawyer for patent licensing and transactions and has been recommended in Legal 500 for her “ability to identify critical issues” and her “extremely strong work ethic.” She is registered to practice before the United States Patent and Trademark Office and serves on the Board of Visitors of Duke University’s Pratt School of Engineering.

Clients turn to Ms. Tiedrich for advice in a broad range of complex intellectual property and technology transaction matters and policy matters, which often involve cutting-edge technologies (such as AI, Internet of Things, and augmented reality) and require innovative legal and business solutions. She has guided clients through intellectual property and technology matters arising in numerous mergers and acquisitions, investment transactions, joint ventures, and securities offerings. She has extensive experience negotiating complex intellectual property acquisition, licensing, and development agreements, including software and online services agreements, patent licenses, content and media agreements, cloud services and data agreements, branding and trademark license agreements, intellectual property settlement agreements, hardware development agreements, and agreements to obtain rights to intellectual property developed by universities or with government resources. She also counsels clients on strategies for maintaining, protecting, and expanding their intellectual property assets and for navigating privacy and data security matters in the commercial context and in connection with AI governance matters.

Her work spans several industries, including eHealth, FinTech and financial services, “big data and analytics,” communications and media, life sciences, consumer products, autonomous vehicles/mobility, and energy. She has experience counseling both private and public companies, as well as private equity and venture capital firms in their investments. She has written and spoken on topics such as artificial intelligence, IoT, global innovation, licensing, “big data,” and eHealth.

Ron is the VP for Legal and Human Resources for Canam Steel Corporation, and oversees legal, human resources and risk management issues for the company. Canam is the US subsidiary of Canam Group Inc., a publicly traded manufacturing, construction and engineering company with international operations.

Ron previously served as VP Law and Technology for the Association of Corporate Counsel, and Vice President and Associate General Counsel at Prudential Home Mortgage. Ron is currently the co-chair of the ERISA subcommittee of the ACC Employment and Labor Law Committee.

He previously served as co-chair of the ACC Environment and Sustainability Committee. Review Ron has served as a member of the City Council and as Chairman of the School Board, of Falls Church, Virginia and was President of the Board of Education of Frederick County, Maryland.

Ron earned a B.A. from The Johns Hopkins University, an M.A from The Johns Hopkins School of Advanced International Studies, and a J.D. from The University of Maryland School of Law, where he served as Notes and Comments Editor of the Maryland Law Review.