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Description: EPISODE #3
Data Privacy Compliance
April 14, 2021, 2:00 pm
All levels of society rely upon information technology systems. Network operations are pervasive and impact nearly every aspect of our society. The desire of companies to collect, use, store, and secure information about customers, employees, and other individuals is a requirement of the new economy. It is no wonder that the prevalence of electronic communications and a growing dependency on cyber structures and operations also create potential vulnerabilities to cyberattacks. It is critical to preserve information systems and address and prevent weaknesses in cyber protection efforts. This webinar examines the means for companies to reach data goals ethically, efficiently and legally. The panel will also discuss the evolving regulatory approaches of the European Union, United States Federal government and significant developments in U.S. state regimes, including California. Best practices and model comprehensive privacy and cybersecurity policies are discussed. And, data breach response and related litigation, including class action litigation issues and fiduciary duty violations under corporate law, are discussed.
This webinar is delivered in Plain English, understandable to you even if you are not a Business
Law Specialist. It brings you into an engaging, even sometimes humorous, conversation
designed to entertain as it teaches. And, it is specifically designed to be viewed as a stand-alone webinar, meaning that you do not have to view the other webinars in the series to get a lot out of it.
Speaker Information
Moderator:
Rafael Zahralddin-Aravena, Partner, Armstrong Teasdale LLP
Rafael X. Zahralddin-Aravena is a skilled business lawyer and litigator with significant experience advising clients in corporate and commercial litigation, insolvency, distressed M&A, compliance, corporate law and entity formation, corporate governance, commercial transactions, cyber law, regulatory actions and cross-border issues.
Rafael represents clients in all aspects of bankruptcy and restructuring and has extensive experience in international commercial law issues, including cross-border insolvency, federal bankruptcy court matters, and assignments for the benefits of creditors and receiverships. Rafael’s international law experience particularly in international commercial transactions brings a unique and nuanced approach to business issues both inside and outside of distressed situations.
He has also worked for two decades with early stage companies and venture capitalists and private venture funds as both a transactional lawyer and a corporate litigator. He has assisted businesses in starting, selling, or buying a business, and dealing with employees and contracts, among other operational issues. This experience has been critical in representation of both debtors and creditors committees in chapter 11. Rafael is noted for his problem solving abilities, especially with varied constituencies on official and ad hoc committees, including trade creditors, bondholders, labor unions and other key stakeholders in insolvency matters.
He is a fellow of the American Bar Foundation, which is limited to less than 1% of lawyers licensed to practice in each jurisdiction, and is a National Association of Corporate Directors (NACD) Governance Fellow, the highest level of credentialing for corporate directors and corporate governance professionals. He has been recognized as a Philadelphia Inquirer Influencer of Law by an expert panel of judges who felt he shaped, changed, and transformed the legal industry, and listed among The Philadelphia Business Journal’s “Best of the Bar” and “Minority Business Leaders.”
A Six Sigma Green Belt, Rafael is an extensive writer and lecturer and has trained both in-house lawyers and outside law firms in legal project management, lean practices and Six Sigma application to value-added provision of legal services. He is also the co-editor and author of several chapters in the American Bar Association’s Reorganizing Failing Businesses, and has written an extensive number of publications for bar journals, periodicals, law reviews and trade organizations.
Prior to joining Armstrong Teasdale, Rafael was a shareholder at a regional law firm on the East Coast. While there, he served as chair of the firm’s Commercial Bankruptcy and Reorganization practice and as a member of the firm’s Board of Directors. In 2007, he founded the firm’s Wilmington, Delaware, office, and served as its first managing shareholder.
His distinguished career also includes serving as general counsel to the Hispanic National Bar Association, and as an attorney at firms of all sizes, primarily on the East Coast. Early in his career, Rafael served as a judicial law clerk to the Hon. Samuel L. Bufford in U.S. Bankruptcy Court for the Central District of California.
He was a founding faculty member and Associate Professor at Chapman University School of Law in Orange, California. Prior to becoming a tenure track professor, Rafael was a senior writing fellow at Georgetown University Law Center.
Panelists:
Erin Jane Illman, Partner, Bradley Arant Boult Cummings
Recognized as a Board Certified Specialist in Privacy and Information Security Law by the State of North Carolina, Erin is an experienced thought leader in privacy, data security, and the integration of technology into business practices. Erin is co-chair of Bradley’s Cybersecurity and Privacy Practice Group and leads the firm’s Fintech team.
Erin is a dynamic problem solver with a strong understanding of U.S. and international private-sector privacy laws and regulations and the legal requirements for the transfer of sensitive personal data to/from the United States, the European Union and other jurisdictions. She regularly advises clients on CCPA, GLBA, HIPAA, COPPA, CAN-SPAM, FCRA, security breach notification laws, and other U.S. state and federal privacy and data security requirements, and global data protection laws. In addition to providing proactive privacy and information security compliance and legal advice, Erin manages privacy-related enforcement actions and litigation. Her practice includes representing companies in reactive incident response situations, including insider cybersecurity threats, electronic and physical theft of trade secrets, and investigation, analysis, and notification efforts with respect to security incidents and breaches.
Erin also counsels clients on a variety of e-commerce, electronic marketing, digital contracts and security issues, including compliance advice relating to the development of new digital products and services; drafting and reviewing privacy-related policies and procedures and consumer-facing privacy notices; performing gap analysis and risk assessments related to the handling of sensitive data; oversight and review of third-party agreements and privacy compliance programs; and ensuring that existing products, services and marketing activities comply with privacy-related regulations. Erin advises clients on the implementation of digital services and products, operationalization of e-contract transactions under ESIGN and UETA, review of policies and procedures, gap analysis and risk assessments related to the handling of sensitive data, third-party agreements, vendor oversight and compliance programs. She has experience advising technology and e-advertising clients regarding compliance with state and federal laws, including the use and disclosure of consumer information and data privacy practices, under regulations such as TCPA, UDAAP/UDAP and associated FTC rules. In addition, her practice also includes handling disputes, litigation and enforcement actions related to data privacy violations.
Erin understands the intersection between technological innovation, business operations, and legal obligations, including the use of social media, mobile applications, cryptocurrencies, digital ledger technology, and biometric authentication. She has assisted clients in the creation, development and implementation of innovative products and services, including electronic identities, digital vaults, automated operations and cloud-storage. She has also assisted clients in the creation of security and privacy programs for the use of domestic and off-shore vendors.
Erin also has a strong understanding of the operational aspects of commercial and consumer lending. Erin has broad experience in complex loan transactions, including trade finance, capital-backed subscription lines, and multi-bank, multi-state and international lending arrangements. She also has years of experience in representing clients in consumer loan transactions, regulatory compliance disputes, defense of enforcement actions, real property controversies, internal risk assessment, and debtor-creditor disputes, including enforcement of remedies, matters governed by the Uniform Commercial Code, fraud and tort counter-claims, credit risk management, and loss mitigation.
Erin is designated as an ANSI Certified Information Privacy Professional (CIPP/US) by the International Association of Privacy Professionals. She also serves on the North Carolina Bar Association’s Privacy and Security Committee.
Sergio Oehninger, Partner, Hunton Andrews Kurth LLP
Sergio represents companies in complex insurance coverage disputes nationally and internationally.
Sergio counsels multinational corporations on insurance coverage and risk management issues arising in various industries – including financial services, retail, energy, technology, real estate, construction, and hospitality.
His insurance coverage advice focuses on risks such as: cyber and data breach; commercial general liability; directors and officers; professional liability; employment practices; property and casualty; business interruption; excess, umbrella, and integrated risks; and other insured and reinsured risks under occurrence based or claims-made policies.
As part of his Latin America practice, Sergio advises Spanish-speaking corporate clients on cross-border exposures in connection with transactions, projects, operations, products, and services.
Sergio’s litigation, arbitration, and counseling experience includes matters cumulatively exceeding one billion dollars in losses or exposures before federal and state courts throughout the United States and ADR tribunals. He is admitted to practice before the Supreme Court of the United States, the US Court of Appeals for the Fifth Circuit, and US District Courts in Virginia, Colorado and Washington, DC.
Sergio frequently makes presentations and writes articles, alerts, and contributions to the firm’s Insurance Recovery Blog.
A strong advocate of public service, Sergio has served on the boards of several nonprofits. His pro bono work includes advice to a 501(c)(3) charity dedicated to combating gang violence and raising funds benefiting children living in poverty.
Alison Schaffer, Legal and Regulatory Counsel, Jump Trading Group
Alison Schaffer Bloom is Legal and Regulatory Counsel at the Jump Trading Group in Chicago. Alison works extensively in the areas of trading, technology, human resources, venture capital, and data protection and privacy. Specifically, Alison leads GDPR implementation and data protection and privacy application for all of the Jump Trading Group’s business lines. Alison graduated from Northwestern University with Honors in Legal Studies and Communication Studies and a Certificate in Service Learning and attained a Masters in Education while a Teach For America corps member in New York. Alison obtained her Juris Doctor from Chicago-Kent College of Law, where she was an avid member of the Trial Team. She is a member of the International Association of Privacy Professionals and looks forward to completing her CIPP-E certification.
 | | Practice Areas: | | Administrative Law & Regulation, Corporate & Securities | | | Online Media Type: | | Audio | | | Production Date: | | 04/14/2021 3:00 PM EDT | | | Level: | | Advanced | | | Category: | | Standard | | | Duration: | | 1 Hours, 0 Minutes | | | Online Format: | | Live | | | Course Type: | | Public |
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| | • | Rafael Zahralddin Aravena - Partner, Armstrong Teasdale LLP | | • | Erin Jane Illman - Partner, Bradley Arant Boult Cummings | | • | Sergio F. Oehninger - Hunton Andrews Kurth LLP, Washington DC | | • | Alison Schaffer - Legal and Regulatory Counsel, Jump Trading Group |
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