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Beyond the Attack - Legal & Ethical Considerations in Breach Response


Level: Advanced
Runtime: 62 minutes
Recorded Date: January 29, 2019
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Agenda


  • Cybersecurity Landscape
  • Data Incident Lifecycle
  • Laws and Regulations
  • Ethical Considerations
  • Preventing and Responding to Cyberattacks
  • Preserving attorney-client privilege and work product after a breach
Runtime: 1 hour, 2 minutes
Recorded: January 29, 2019
For NY - Difficulty Level: Experienced attorneys only (non-transitional)

Description

The interplay between corporate, legal and IT is important in responding to a data breach. This session will go over some of the best practices/common pitfalls in response and identify some ways to help minimize legal exposure and organizational harm while balancing ethical obligations in breach response. New laws and regulations impacting breach response will also be discussed.

This program was recorded as part of ALM's Legalweek Conference on January 29th, 2019.

Provided By

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Panelists

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Rick Patterson

Head of Security Operations
Bridgewater Associate

A former Secret Service Agent and a US Army Veteran, Rick Patterson serves as the Head of Security Operations at Bridgewater Associates, the largest hedge fund in the world. In that capacity, he leads a team with the goal of identifying and mitigating cyber, physical, staff and business continuity risks. Prior to his current role, he was the Head of Risk & Standards.

Before coming to Bridgewater, Patterson served as the Director of Information Security, Compliance and Privacy at PetSmart from January 2011 through April 2014. He joined the Phoenix-based chain of pet stores after a five-year stint as the Director of Security for Sidley Austin. Patterson holds a BA in criminal justice from California State University–Fullerton, and an MS in computer, network and information security from DePaul University.

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Margaret Gloeckle

VP, Privacy and Compliance
A&E Networks

Margaret is the VP, Privacy & Compliance Counsel at A E Networks. She is responsible for A&E’s global data privacy and security program. Prior to her role at A E, Margaret served as a Senior Privacy Officer at a financial institution and has also held the position as a global privacy program manager. Margaret has also held multiple leadership and executive roles responsible for network design, infrastructure and security, global operations, program management and policy development.

Margaret holds the Certified Information Privacy Professional (CIPP/US), Certified Information Privacy Manager (CIPM), and Certified Information Privacy Technologist (CIPT) credentials and is a Fellow of Information Privacy (FIP) from the International Association of Privacy Professionals (IAPP). Margaret is also a Project Management Professional (PMP) and holds Masters in both Business (MBA) and Technology (MSc. Telecommunications).

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Jennifer A. Beckage

Managing Director
Beckage PLLC

Recognized in 2018 as one of the Top 30 data breach attorneys in the United States by Cybersecurity Docket, Jennifer A. Beckage counsels clients in the areas of breach response and mitigation, data security, information technology and privacy law, and business growth. Jennifer has responded to numerous headline-making, national and international data breaches and cyber incidents, providing crucial notification strategy and actionable risk mitigation advice. Jennifer interfaces with state, federal and international regulators to limit legal vulnerabilities arising from data breach and cyber incidents, and defends clients in class action litigation and regulatory enforcement actions arising therefrom.

Jennifer also develops data protection and crisis response plans and IT policies for her clients, including counseling clients on compliance with the EU’s General Data Protection Regulation (GDPR). Frequently called upon by clients to conduct in-house training, tabletop exercises and compliance audits, Jennifer works closely with company executives to promote client preparation and effective response in the event of future incidents.

Jennifer is a regular contributor on topics of data security and privacy, information governance, and cyber security, and speaks at major industry and association events on these and other topics.

Also, Jennifer is a Certified Information Privacy Professional, United States (CIPP/US) and a Certified Information Privacy Professional, Europe (CIPP/E) as certified by the International Association of Privacy Professionals (IAPP).

Prior to founding Beckage in 2018, Jennifer was a partner and the data security and privacy team leader for a Buffalo-based law firm with nearly 200 attorneys and offices in eight cities. Before becoming an attorney, Jennifer was an owner and executive of a technology business, helping to lead its successful sale to a publicly traded company, which retained her as vice president of operations for technical services and product lines across 11 states servicing Fortune 500 clients. Jennifer leverages her extensive business background to counsel clients on all aspects of business growth from product development, contracts, transactions, audits and investigations, and other matters.

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Bryan J. Rose

Managing Director
Stroz Friedberg

Bryan J. Rose is a Managing Director of Stroz Friedberg, where he is responsible for supervising computer forensics and cyber-crime investigations and electronic discovery assignments involving the preservation, collection, and analysis of electronic data in criminal, civil, regulatory, and internal corporate matters. Mr. Rose also oversees complex white collar investigations involving computer crimes, securities fraud, identity theft, employee misconduct, the theft of trade secrets, and money laundering for Fortune 500 companies and major law firms.

Prior to joining Stroz Friedberg, Mr. Rose served as an Assistant U.S. Attorney in the Eastern District of New York, working in the General Crimes, Narcotics, and Violent Crimes & Terrorism Sections. During his time at the U.S. Attorney’s office, Mr. Rose frequently prosecuted individuals engaged in serious financial crimes, including money laundering, wire fraud, bank fraud, credit card fraud, health care fraud, bank robbery, and identity theft. In addition, Mr. Rose prosecuted cases targeting international drug traffickers, violent gangs, terrorists, and members of organized crime, many of whom were among the worst criminal offenders and had committed extremely violent crimes, including murder, attempted murder, kidnapping, assault, and arson.

From 2000 to 2002, prior to joining the U.S. Attorney’s office, Mr. Rose served as an Assistant Attorney General in the Office of the Illinois Attorney General, located in Chicago, Illinois. Mr. Rose worked directly for the Solicitor General of the State of Illinois, handling complex appeals in constitutional, civil, and regulatory matters. Mr. Rose briefed and argued numerous federal cases before the U.S. Court of Appeals for the Seventh Circuit, involving challenges to state laws, state regulations, and the conduct of state officials. Mr. Rose also frequently handled civil appellate cases in state courts throughout the State of Illinois. From 1999 to 2000, Mr. Rose served as a law clerk to the Honorable Joel M. Flaum of the U.S. Court of Appeals for the Seventh Circuit.

Mr. Rose received his B.A., magna cum laude, in History and Religious Studies from Indiana University in Bloomington, Indiana and was elected to membership in Phi Beta Kappa for his academic achievements as an undergraduate. Mr. Rose also received his M.A. in Religious Studies from Indiana University, where he served as an associate instructor in the Afro-American Studies Department while completing his graduate studies. Mr. Rose went on to obtain his J.D., with High Distinction, from the University of Virginia School of Law in Charlottesville, Virginia, where he was named a Hardy Cross Dillard Scholar and served as Editor-in-Chief of the Virginia Law Review.

Mr. Rose frequently lectures on computer forensic and electronic discovery matters and is a member of the Sedona Conference Working Group 1 on Electronic Document Retention and Production.


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