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Navigating the Complexities of State Privacy Laws: Effectively Staying Compliant


Level: Advanced
Runtime: 63 minutes
Recorded Date: October 02, 2023
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Agenda

  • Recap of the US State Privacy Legislation in 2022
  • A Necessary First Step
  • Financial Institution Exemptions
  • Old and New Privacy Statutes
  • Does lobbying in trying to shaping privacy legislation work?
  • HR/Employee Data
Runtime: 1 hour, 3 minutes
Recorded: October 2, 2023

For NY - Difficulty Level: For experienced attorneys only (nontransitional)
For NY - Difficulty Level: Experienced attorneys only (non-transitional)

Description

Privacy regulations are shifting frequently and GCs need to stay current with the emerging laws to avoid legal and financial ramifications. With various jurisdictions creating their own data privacy regulations and the complexities continuously growing, the landscape of data privacy will continue to evolve making it even more essential for in-house teams to be prepared and build a robust privacy program. Join this session as our privacy experts review existing privacy laws, and share their insights into navigating the upcoming risks and changes expected in the privacy space.

This program was recorded as part of Corporate Counsel's General Counsel Conference East held on October 2, 2023.

Provided By

General Counsel Conference
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Panelists

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Serge Egelman

Research Director, Usable Security & Privacy Group
International Computer Science Institute (ICSI)

Serge Egelman is Research Director of the Usable Security & Privacy Group at the International Computer Science Institute (ICSI) and also holds an appointment in the Department of Electrical Engineering and Computer Sciences (EECS) at the University of California, Berkeley. He leads the Berkeley Laboratory for Usable and Experimental Security (BLUES), which is the amalgamation of his ICSI and UCB research groups. Serge's research focuses on the intersection of privacy, computer security, and human-computer interaction, with the specific aim of better understanding how people make decisions surrounding their privacy and security, and then creating data-driven improvements to systems and interfaces. This has included human subjects research on social networking privacy, access controls, authentication mechanisms, web browser security warnings, and privacy-enhancing technologies. His work has received multiple best paper awards, including seven ACM CHI Honorable Mentions, the 2012 Symposium on Usable Privacy and Security (SOUPS) Distinguished Paper Award for his work on smartphone application permissions, as well as the 2017 SOUPS Impact Award, and the 2012 Information Systems Research Best Published Paper Award for his work on consumers' willingness to pay for online privacy. Serge received his PhD from Carnegie Mellon University and prior to that was an undergraduate at the University of Virginia. He has also performed research at NIST, Brown University, Microsoft Research, and Xerox PARC.

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Ksenia Takhistov

Chief Legal Officer
CME Inc.

An accomplished attorney advising clients on legal issues in intellectual property, technology, and data privacy. The background picture, courtesy of Berlin Spy Museum, illustrates that intellectual property theft--thus the need for IP protection--is as old as the Civilization itself. I use my scientific expertise and legal experience to protect clients' valuable inventions and technological breakthroughs from theft; to defend clients' innovative solutions from unfounded infringement allegations; and to develop licensing frameworks (for in- and out-bound licensing) facilitating technology transfer.

My legal experience includes over fourteen years of intellectual property licensing, litigation, and transactional work at a premier IP boutique and an international AmLaw100 law firm. During law school, I spent two semesters as an intern at the technology transfer department of NJ Institute of Technology, performing patentability assessments of NJIT researchers' inventions and drafting applications. I also clerked for NJ Law Revision Commission for three years, where one of the highlights of my tenure was drafting, recommending, and passing a NJ version of the Uniform Trade Secret Act, before the Federal law was in place. I have been recognized as a Rising Star in Intellectual Property Litigation by New York Super Lawyers in 2017, 2018, 2019; and Top Attorneys - New York Metro Area's Outstanding Young Women Lawyers in 2017, 2018, 2019.

I have two M.S. degrees--in Applied Math/ Mechanical Engineering and Chemical engineering. I have spent seven years as a graduate researcher, performing analytical, experimental, and numerical studies of biologically-active fluid flows in microchannels at the University of Notre Dame, and creating analytical and numerical solutions for pressure-driven multiphase multicomponent flows in porous media at Moscow State University.

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Vivian Byrwa

Senior Global Privacy Counsel
Spotify

"Vivian Byrwa is a privacy industry leader with over a decade of global data protection experience as both in-house and outside counsel. She is currently a senior global privacy counsel at Spotify, the world’s most popular audio streaming subscription service. Ms. Byrwa is responsible for evolving Spotify’s global privacy program, and ensuring that the company and its acquired companies have a practical and cohesive approach to compliance worldwide. While Ms. Byrwa advises on all matters related to data protection, her particular emphasis include advertising, marketing, and creator-related issues.

Prior to joining Spotify, Ms. Byrwa was an associate at Davis and Gilbert, LLP where she counseled clients in various industries on U.S. and European privacy law. Before that, Ms. Byrwa was an associate at Herrick, Feinstein LLP where she first joined the International Association of Privacy Professionals (IAPP) and became a certified privacy professional. Ms. Byrwa started her career in-house at International Flavors and Fragrances Inc. as lead counsel to the Chief Information Officer where she was first introduced to the world of privacy and data protection.

Ms. Byrwa is an active member of the IAPP and holds several IAPP certifications. She currently serves as an appointed member of IAPP’s Education Advisory Board where she supports the creation of compelling programming for IAPP conferences by providing guidance on emerging privacy issues and recommending subject matter that privacy professionals need to know. Previously, she was chair of IAPP’s New York KnowledgeNet chapter, where she orchestrated expert panels and networking events for local privacy professionals.

A graduate of the University of Michigan, Ms. Byrwa earned a B.A. in Sociology and was the department’s graduation speaker. Ms. Byrwa received her J.D. from Fordham University School of Law, where she was the Notes and Articles Editor of the Fordham Journal of Corporate and Financial Law, and received the Archibald R. Murray Public Service Award."

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Melissa Nafash

Of Counsel
Labaton Sucharow LLP

"Melissa H. Nafash is Of Counsel in the New York office of Labaton Sucharow LLP and Co-Chair of the Firm’s ADR Practice. She represents over 250,000 clients in matters regarding data breaches, misuse of personal data, cryptocurrency, consumer finance, and personal banking litigation.

Highly regarded in her practice, The National Law Journal's ""Elite Trial Lawyers"" recognized Melissa as a Rising Star of the Plaintiffs Bar, The Best Lawyers in America? named her among the Ones to Watch in the Class Actions – Plaintiffs category, and Euromoney’s Women in Business Law Awards selected her as a finalist for its Litigation Rising Star award. Melissa has also received the National Trial Lawyers’ Top 40 Under 40 Award, the New York Metro Area Outstanding Young Lawyer Award, and the New York Metro Area Top Young Women Attorneys Award, as well as the Super Lawyers’ Rising Star Award.

Prior to joining Labaton Sucharow, Melissa was a Senior Attorney at The Lanier Law Firm, where she was appointed to the plaintiffs’ steering committee in In Re: Davol/C.R. Bard Hernia Mesh Multi-Case Management and assisted in leading the litigation for more than 10,000 plaintiffs. In addition, she managed several other litigations from onset through settlement. Previously, Melissa was an Associate at Milberg LLP, where she oversaw three mass tort litigations, prepared two litigations for settlement, and negotiated settlement at multiple settlement conferences with defense counsel.

Melissa earned her Juris Doctor from Roger Williams University School of Law. She received her bachelor’s degree from the University of Connecticut."

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Anju Khurana

Director and Head of Data Privacy and Protection (Americas)
BNY Mellon

As an Attorney and Certified Information Privacy Professional (CIPP/US, CIPP/Europe, CIPP/Asia), Anju has 15+ years helping large multinationals manage their privacy, information governance, and technology risks. Anju has extensive experience designing and establishing global privacy management programs, including developing and updating privacy policies and procedures, developing processes for the completion of personal information inventories, privacy impact assessments, incident management and breach response, monitoring, tracking and driving regulatory change and ensuring ongoing training, monitoring, auditing, reporting and evaluation of the privacy management program.

She currently leads the Americas team at BNY Mellon in the Global Privacy Office and is focused on privacy strategy and policy development, governance, centralized operational support, regulatory change and business transformation, and risk and compliance activities to ensure compliance with all applicable privacy and data protection laws while enabling business and technology innovation and valuable insights for clients and customers.

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Alexander G. Arato

VP, Associate General Counsel
CA, Inc.

Alexander Arato is the Vice President and Associate General Counsel of CA, Inc. Mr. Arato is primary counsel to three CA business units and has managed various M&A transactions.

Mr. Arato has also served as the legal department’s Managing Attorney and been responsible for managing aspects of CA’s trade secret, contract, employment and tort litigation in federal, state and bankruptcy courts. Mr. Arato has also been primarily responsible for CA, Inc.’s eDiscovery and overall records management policies and procedures.

Prior to joining CA, Mr. Arato was counsel to and associated with the firm of Heller Ehrman White & McAuliffe in Los Angeles, California, where he represented clients in complex trade secret, product liability, contract, tort and class actions before federal and state courts.

Mr. Arato has a B.A. in Economics from the University of California at Berkeley and a J.D, magna cum laude, from the Benjamin N. Cardozo School of Law, where he was a member of the Law Review.


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