Data Usage Law: Monetizing Data & Privacy Issues

Originally held on Friday, September 20, 2019 | 9:00 a.m. – 1:00 p.m.

Program Chair:

Louis Pechman

Adele Hogan
Hogan Law Associates

  • This course will enable both in-house and outside counsel to expand their skills and be more valuable to their clients by covering the why, what, when, where and how of data usage law, including monetizing data and privacy issues.  The data privacy and data usage regulatory environment has changed in the last few years, including the EU’s General Data Protection Regulation (GDPR), NY State Department of Financial Services cybersecurity regulations, and California’s data privacy law, and further changes are coming. You will learn about these changes from experts in the field. Lawyers who practice in finance, healthcare, securities, lending, M&A, litigation and regulatory areas need to increase their knowledge of this area to effectively advise clients.

    This basic course will cover data privacy rules and other important data privacy and data security regulations.  Using data to generate revenue while complying with regulations will be covered. There will be one ethics credit relating to compliance with data privacy and cybersecurity laws, including business interests to use data to increase revenues.

    OnDemand: $189 for Members | $289 for Nonmembers

    Members who are Recent Law Graduates, Newly Admitted Lawyers (admitted for the first time in any state or country 2017-2019), In-House/Corporate Counsel, Judges, or attorneys that practice within the Government, Academic or Not-for-Profit sectors attend this program for free.

  • Harvey Ashman
    Senior Vice President, Deputy General Counsel
    IQVIA
    Avi  Gesser 
    Davis Polk & Wardwell LLP
    Daniel Goldstein
    Co-Founder and Partner
    Tuerois, LLC
    Timothy Hom 
    Compliance Director
    BNP Paribas
    Richard Kessler
    Director, Cyber Security Services
    KPMG
    Mauricio F. Paez 
    Jones Day
    Marc Roth
    Davis Wright Tremaine LLP
    Boris Segalis
    Cooley LLP
    Bonnie L. Yeomans
    Proskauer Rose LLP

  • 9:00 a.m. – 10:00 a.m. Data Protection, Data Privacy and Data Usage

    • What the Federal, states and US and non-US regulators require for data protection and data privacy
    • How companies are tackling implementation projects
    • Who is working hardest on these issues
    • Three lines of defenses and functions: roles of business units, risk, compliance, legal, regulatory reporting, project management, IT and internal audit professionals
    • Regulators and their roles

    Harvey Ashman, Avi Gesser, Timothy Hom

    10:00 a.m.- 10:50 a.m. GDPR and Other Key Privacy Regulations

    • EU’s General Data Protection Regulation (GDPR) – who is impacted, how to comply with the basic requirement and maximum penalties
    • NY State Department of Financial Services (DFS) Part 504 – Cybersecurity Certification of Compliance required by:
    • Other Federal, State and Non-US regulations
    • Legitimate business purposes for data usage
    • Roles of Data Protection Officers, Chief Privacy Officers, Chief Information Officers and others

    Dan Goldstein, Mauricio Paez, Marc Roth, Bonnie Yeomans

    10:50 a.m. – 11:00 a.m. Break
    11:00 a.m. – 12:00 p.m. Data Usage with Artificial intelligence and Machine Learning – Fintech and RegTech Developments – Cybersecurity

    • Cybersecurity
    • Risk assessments, contingency planning and table top exercises
    • NY DFS and other regulators requirements
    • Artificial intelligence and machine learning
    • FintTech and RegTech
    • Blockchain
    • Intellectual property considerations

    Adele Hogan, Richard Kessler

    12:00 p.m.- 1:00 p.m. Big Data, Privacy, Artificial Intelligence and Machine Learning – Ethics

    • Artificial Intelligence, machine learning and search algorithms – Ethics regarding organization is the client, confidentiality and competency
    • Big data: digitization, search-ability and usage – Ethics regarding lawyer providing non-legal advice
    • Vendors, independent contractors and advisors – Ethics regarding confidentiality and supervisory responsibilities
    • Data models –  Ethics regarding confidentiality, competency and gatekeeper concepts
    • Social Media and other data users – Ethics regarding advising on  non- legal matters
    • Personally identifiable information used by specialty finance, consumer finance and other companies

    Adele Hogan, Boris Segalis

  • CLE Credit
    New York:
    4.0 Total: 3.0 Professional Practice, 1.0 Ethics
    New Jersey: 4.0 total: 3.0 General & 1.0 Professional Responsibility
    California:
    3.5 total: 2.5 General & 1.0 Professional Responsibility
    Pennsylvania: 3.5 total: 2.5 General & 1.0 Professional Responsibility

    Please Note: Newly admitted NY attorneys cannot fulfill ethics or skills credits through our on-demand programs under OCA rules. For more information on this, please see http://www.nycourts.gov/attorneys/cle/changes_for_2016.shtml.

  • carr-workplaces

    Sponsoring Association Committees:
    Banking Law, Gregory J. Lyons, Chair
    Futures & Derivatives Regulation, Gary Edward Kalbaugh, Chair
    Mergers, Acquisitions & Corporate Control Contests, Trevor Saul Norwitz, Chair
    Securities Regulation, David S. Huntington, Chair

    Sponsorship Opportunities are Available! Please Contact:
    Angie Avila, Manager, Membership Outreach and Sponsorships | (212) 382-6608 | aavila@nycbar.org

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