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On Demand

Data Privacy and Cybersecurity Trends and Litigation Developments



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Description: Holland & Knight’s data strategy, security and privacy attorneys will provide insight and analysis on the latest developments in data privacy regulation and emerging trends in class action litigation. The presenters will introduce various privacy laws, including the California Consumer Privacy Act (CCPA) and the upcoming ballot measure that would enhance CCPA’s obligations on businesses, as well as legislative efforts in other states and at the federal level. Attendees will learn about CCPA litigation so far and recent, novel applications of state wiretap statutes to online activities. The program will provide practical guidance and concrete takeaways for navigating the shifting legal landscape based upon real-life scenarios and experience across jurisdictions in spotting and managing compliance risks, preserving privilege over forensic reports, and defending against consumer privacy class actions.
 
Presenter Bios
 
Mark Melodia is a privacy, data security and consumer class action defense lawyer in Holland & Knight's New York office and serves as the head of the firm's Data Strategy, Security & Privacy Team. Mr. Melodia focuses his practice on governmental and internal investigations, putative class actions and other "bet-the-company" suits in the following areas: data security/privacy, mortgage/financial services and other complex business litigation, including defamation.
 
Mr. Melodia has defended more than 90 putative class actions – including as lead defense counsel in multiple multidistrict litigations (MDLs) – arising from alleged consumer privacy violations, data incidents and allegations of data misuse. He routinely represents clients responding to government privacy investigations before the Federal Trade Commission (FTC), Office for Civil Rights, state attorneys general and the U.S. Department of Justice (DOJ). He has guided clients in a wide range of industries through several hundred data incidents over the past dozen years. He advises clients on their obligations and helps them operationalize the requirements of General Data Protection Regulation (GDPR) as well as federal and state laws in the U.S. He consults with boards and executive teams on these issues.
 
Mr. Melodia has been an instructor of Information Security Law in the Chief Information Security Officer (CISO) Executive Education and Certification Program at Carnegie Mellon University's Heinz College, as well as a guest lecturer at Seton Hall Law School and New York University School of Law.
 
Mr. Melodia served as a law clerk for the Honorable Timothy K. Lewis of the U.S. District Court for the Western District of Pennsylvania.
 
Ashley L. Shively is a privacy attorney and class action litigator in Holland & Knight's San Francisco office.
 
Ms. Shively counsels public and privacy companies on consumer protection and data privacy issues with respect to product development, sign-up and point-of-sale procedures, digital marketing, regulatory compliance, and state and federal enforcement. She regularly advises on the Children's Online Privacy Protection Act (COPPA), Controlling the Assault of Non-Solicited Pornography and Marketing (CAN-SPAM) Act of 2003, Fair Credit Reporting Act (FCRA), Gramm-Leach-Bliley Act (GLBA), state privacy and unfair and deceptive practices laws, and similar legal and regulatory requirements. At present, she is particularly focused on the California Consumer Privacy Act (CCPA), and writes and speaks frequently on the topic.
 
Ms. Shively focuses her litigation practice on the defense of financial institutions and businesses in consumer class and individual actions, including privacy, data breach, false advertising, unfair business practices, fair lending, credit reporting and debt collection. She has extensive experience litigating class actions under the Truth in Lending Act (TILA), Telephone Consumer Protection Act (TCPA) and California's Invasion of Privacy Act (CIPA).
 
Ms. Shively also handles complex litigation matters, from mass tort and federal multidistrict litigation to commercial contract disputes. She represents public agencies and private businesses affected by litigation brought under the California Public Records Act, and clients in matters involving the FCC and other regulatory agencies.
 
Immediately after law school, Ms. Shively worked in the complex and civil divisions of the Superior Court of California of the County of Alameda. She also externed during law school for the Honorable Frank C. Damrell in the U.S. District Court for the Eastern District of California and the Honorable Robert L. Dondero in the Superior Court of California of the County of San Francisco.
 
Anthony J. Palermo is a Tampa litigation attorney who represents clients in complex commercial disputes, governmental investigations, enforcement actions, and administrative proceedings, arbitrations, and state and federal court litigation, including through trial and appeal. Mr. Palermo also advises clients on regulatory compliance and corporate governance issues with a particular focus on consumer protection and financial services laws and regulations. He has significant experience in the financial services, transportation, healthcare, and telecommunications industries.
 
Mr. Palermo has been recognized as one of the top lawyers in Tampa for commercial litigation as well as banking and finance litigation by Tampa Magazine, one of the "Rising Stars" in the state of Florida by Super Lawyers, and as a "Florida Legal Elite" attorney for commercial litigation by Florida Trend magazine. In addition, he was previously recognized nationally as one of only five consumer protection attorneys to be honored as a Law360 Rising Star and named to its list of top attorneys "whose legal accomplishments transcend their age."
 
As part of his litigation practice, Mr. Palermo has represented multiple professional sports teams in Florida, including Major League Baseball and National Hockey League franchises. As part of his regulatory practice, Mr. Palermo has been appointed a Special Assistant Attorney General to advise a state-run lending institution on compliance with consumer protection and banking laws.
 
In addition, Mr. Palermo has held various positions of bar leadership and is the chair of The Florida Bar's Consumer Protection Law Committee. He is a frequent speaker at continuing legal education courses for The Florida Bar and has authored articles for multiple legal publications. His published work has been quoted in law review articles, cited as support in appellate briefs by other lawyers before courts throughout Florida, and cited with approval in a recent decision by Florida's Second District Court of Appeal, which has appellate jurisdiction over the state courts in Hillsborough County, Florida, including Tampa.


Practice Areas: Information Technology Law & E-Commerce
Online Media Type: Audio
Production Date: 08/05/2020
Level: Intermediate
Category: Standard
Duration: 1 Hours, 5 Minutes
Online Format: On Demand

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Total Credits: 1
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Status: Reciprocal Credit Available
Expiration: 08/04/2023
Training Type: Online

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Speakers:
Mark Melodia - Holland & Knight LLP
Ashley Shively - Holland & Knight LLP
Anthony Palermo - Holland & Knight LLP
This product is designed to provide information in regard to the subject matter covered. It is sold with the understanding that the publisher is not engaged in rendering legal, accounting, or other professional service. If legal advice or other expert assistance is required, the services of a competent professional person should be sought.


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