Annual Privacy Summit

There is no question that 2024 is going to be the year of AI – the seeds were planted in 2023 with the issuance of multiple executive orders from the White House, California, and several other states, with bias-related regulations and laws appearing at all levels of government. Join our panelists to understand what this all means for privacy lawyers and how to build out an AI governance program in this increasingly robust regulatory landscape.

Moderator: Steve Millendorf, Foley & Lardner LLP

Speakers:

• Shannon Yavorsky, Orrick
• David Danks, UCSD Professor

Take a seat as we listen to our panelists who are on the front lines of implementing and anticipating the next wave of children’s privacy law in California and other states while also sharing their learnings from implementing international children’s privacy laws. Panelists will provide a brief overview of the landscape, address current litigation that may stall implementation of laws in California and beyond, talk about how they navigate the increasingly fragmented and multi-faceted children/teen privacy landscape, and share how children’s online safety has become a cornerstone of children’s privacy law.

Moderator: Cody Venzke, American Civil Liberties Union

Speakers:

• Amy Lawrence, Epic Games
• Tanya Richardson, Snap Inc.
• Avi Ginsberg, Foley & Lardner LLP

Cybersecurity lawyers never sleep, especially these days. Security incidents continue to occur at a breakneck pace, and state and federal governments are responding with a tsunami of new cybersecurity regulations. Panelists will discuss the biggest issues in cybersecurity in the year ahead, including California’s proposed cybersecurity audit regulations, new SEC Cybersecurity Rules and more.

Speakers:

• Brett Cook, Motorola Solutions
• Chris Ghazarian, Dreamhost
• Jennie Wang VonCannon, Crowell
• Benjamin Benhan, Global Privacy and Infosec Attorney at eBay

Nick Ginger, Chair of the CLA Privacy Law Section, will host this Fireside Chat with Jules Polonetsky, of the Future of Privacy Forum, a global privacy think tank and advocacy group based in Washington DC, to discuss privacy trends and predictions.

Moderator: Nicholas Ginger, City National Bank

Speaker: Jules Polonetsky, CEO @ Future of Privacy Forum

Join us as we welcome Tom Kemp, a proponent and co-drafter of the newly enacted California Delete Act, and other panelists who will unpack this law and key compliance obligations on the horizon. Panelists will also discuss the data broker landscape, how regulatory changes may change the industry, and what privacy lawyers can expect through regulation or changes to business practices in the months and years ahead.

Moderator: Lothar Determann, Baker & McKenzie LLP

Speakers:

• Tom Kemp, Author
• Ben Isaacson, In-House Privacy, Inc.
• Meghan Land, Privacy Rights Clearinghouse
• Lothar Determann, Baker & McKenzie LLP

Third party risk management is front and center in almost every privacy and cybersecurity law today. Per the IAB’s August 2023 State Privacy Law Survey Results, nearly half of the respondents said they do not feel prepared to comply with vendor due diligence requirements under the laws. Our panelists will discuss these challenges, and more, highlighting different governance approaches, providing insight into minimizing risk with using new technologies, and how organizations should exercise their right to take require their vendors reasonable and appropriate steps to demonstrate their compliance.

Moderator: Paul Lanois, FieldFisher

Speakers:

• Nicholas You, Protiviti
• Christine Huang, Edwards Lifesciences
• Hanifa Baporia, Santa Clara Law

California is the leader in providing protections for employment data and may soon have regulations addressing bias in automated employment decisionmaking tools issued by the state’s Office of Civil Rights. Our panelists will discuss the unique compliance obligations under California privacy and labor laws and issues that are likely to be at the forefront in the year ahead.

Moderator: Sheri Rockwell, Sidley Austin LLP

Speakers:

• Annette Bernhardt, Director, Technology and Work Program Center for Labor Research and Education, UC Berkeley
• Andrew Gray, Senior Associate, Littler Mendelson P.C.
• Matthew Scherer, Senior Policy Counsel, Workers’ Rights and Technology Policy, Center for Democracy & Technology

Without a doubt, 2023 was the Year of Health Data Privacy, with a spate of new consumer health data privacy laws, FTC enforcement actions focused on the health privacy space, HHS OCR guidance about tracking technologies and HIPAA compliance, and a virtual tsunami of privacy litigation aimed at health care providers using common website analytics and advertising tools. Our panelists will highlight important developments from 2023 and look ahead to 2024 when businesses will need to comply with a myriad of new health privacy laws and frameworks.

Moderator: Jennifer Mitchell, BakerHostetler

Speaker:

• Harry Nelson, Nelson Hardiman
• Mike Hintze, Hintze Law
• Maricela Segura, Regional Director Western Region Los Angeles, Federal Trade Commission
• Joseph Kanada, Managing Assistant Attorney General, Washington Office of the Attorney General

Let’s talk about…shhh…don’t say it…..CONSENT – Consent is required under privacy laws in several contexts, but due to revenue implications, especially in ad tech, it’s often avoided like the plague and treated as the “mechanism that must not be named.” If we bring it to the surface though, a lot can be learned about options when it comes to consent. Join our ad tech panelists to unpack and understand some of the pressing issues around consent including exploring the different types of consent, what they mean for revenue streams, and how these impacts might be addressed. We will explore financial incentives and loyalty programs and consent, and also look to what we may be able to learn from other jurisdictions (e.g., the PUR model in Germany) about this increasingly important and pivotal aspect of privacy compliance.

Moderator: Kyle Fath, Squire Patton Boggs

Speakers:

• Julie Rubash, Sourcepoint
• Michael Hahn, EVP and General Counsel, IAB
• Tony Ficarrotta, Vice President & General Counsel, NAI

Nick Ginger, Chair of the CLA Privacy Law Section, will host this Fireside Chat with Jules Polonetsky, of the Future of Privacy Forum, a global privacy think tank and advocacy group based in Washington DC, to discuss privacy trends and predictions.

Moderator: Nicholas Ginger, City National Bank

Speaker: Jules Polonetsky, CEO @ Future of Privacy Forum

In July, the US-EU Data Privacy Framework (“DPF”) went into effect. But it certainly hasn’t been quiet since then! US organizations have been slow to certify to the Framework, companies continue to prefer the SCCs as their transfer mechanism of choice, there has already been a failed legal challenge (not Schrems!) internationally, and the data protection review court has been established. So, will the DPF survive or thrive? Our panel of experts will weigh-in on the pros and cons of certifying to the DPF, discuss whether the framework is future-proof, and opine on if and when other litigations may step into the picture.

Moderator: Mark Webber, US Managing Partner at FieldFisher

Speaker:

• Felix Hilgert, Partner at Osborne Clarke
• Noël Luke, Chief Assurance Officer at TrustArc

Anonymized and deidentified data is playing a bigger role in the data-driven economy as businesses seek to train AI models and operate in a privacy-forward environment. Our panelists will discuss new methods of anonymization and deidentification, highlight requirements under existing and new privacy laws and AI frameworks, and explore how technological advances may make it increasingly difficult to meet regulators’ requirements for truly anonymous data.

Moderator: Nicholas Ginger, City National Bank

Speakers:

• Wendy Seltzer, Principal Identity Architect
• Simson Garfinkel, BasisTech
• Alissa Cooper
• Lorenzo Robleto, Legal Director, Head of Privacy at DoorDash