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Cyberlaw Update 2023


  • City:
  • Start Date:2023-04-25 20:00:00
  • End Date:2025-04-25 20:00:00
  • Length:
  • Level:Intermediate
  • Topics:Business

$249.00 ["ProPass"]

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Overview

Looking for the latest developments in cyberlaw? 
Today, nearly everyone conducts business on the Web, giving rise to legal issues across a broad spectrum of areas. This course will give you the latest updates and practical guidance you need to protect your clients.

This year’s sessions include: 

Cyber Claims and Acts of War

On January 13, 2022, a NJ state court ruled against the defendant insurer in Merck v. Ace American Insurance, the first attempted U.S. cyber warfare insurance exclusion claim. On February 24, 2022 Russia launched a cyber attack on a Viasat communication satellite, shutting down satellite internet broadband services not only to the military and police forces of Ukraine as Russian military forces invaded, but also to tens of thousands of customers elsewhere across western Europe and North Africa serviced by that satellite. On August 16, 2022 the Lloyd’s Market Association mandated that Lloyd’s Syndicates and Associates incorporate certain new Cyber Warfare exclusions into all new or renewed standalone cyber policies effective March 31, 2023, which will impact the scope of coverage for many cyber insurance policies here in the United States. This session will review the Merck v. Ace American Insurance decision and the factors that were used to reach that decision, discuss the communication satellite cyber attack and evaluate potential damage claims against the Merck factors, and then explore how Lloyd’s of London and the Lloyd’s Market Association syndicates and affiliates will be attempting to address those factors in near future (April 1, 2023 and later) cyber insurance policy language.

The U.S. Department of Justice’s Expanse of the False Claims Act into Cybersecurity

Originally enacted during the American Civil War, the Federal False Claims Act enables the federal government and relators pursue fraud in government contracting. Learn more about the appropriate barometers for cyber security compliance in government contracting and the role of the Cybersecurity and Infrastructure Security Agency (CISA).

Following the Cookie Crumbs: Civil Liability Under the Pennsylvania Wiretap Act

Failure to disclose tracking cookies recently came before the United States Court of Appeals for the Third Circuit of Pennsylvania in Popa v. Harriet Carter Gift, Inc. This session will explore previous cookie-related cases and compare and contrast the Federal Wiretap Act with the Pennsylvania Wiretap Act.

Privacy Considerations in Artificial Intelligence Systems

Recent developments in artificial intelligence (AI) have raised privacy concerns, which given the scale and application of AI, creates a unique and unprecedented environment of legal challenges. AI brings the ability to process huge amounts of data, and to use it to learn, develop adaptable models, and make actionable predictions without transparent, explainable processes. Attorney Jani will discuss the ways in which socially responsible AI systems that include evolving privacy-by-design principles can balance both the need for modern privacy protections and the drive to innovate useful AI tools. 

All attendees will receive the course materials as a digital book.

Recorded in April 2023.

Faculty

Krishna Jani Esq., CIPP/US

Ms. Jani is a member of Flaster Greenberg’s Litigation Department focusing her practice on complex commercial litigation. She is also a member of the firm’s cybersecurity and data privacy law practice groups through which she advises clients on matters related to regulatory compliance, data breach response, and crafting privacy-by-design policies. Prior to joining the firm, she was an attorney at a boutique litigation firm in Philadelphia, Pennsylvania and served as a judicial law clerk to The Honorable Timothy W. Chell, P.J.Cv. in Gloucester County, New Jersey. Ms. Jani received her B.A. in International Studies and Spanish from Virginia Commonwealth University. Krishna then worked for two years as a paralegal before attending law school. She went on to obtain her J.D. from William & Mary Law School where she received the Powell Scholarship for outstanding oral advocacy skills in the Trial Advocacy course. While in law school, Krishna served as the Executive Editor of William & Mary Journal of Women and the Law and as a Trial Advocacy Teaching Assistant. She was also a member of the Alternative Dispute Resolution Team. In 2020, Ms. Jani became a Certified Information Privacy Professional (CIPP/US) by the International Association of Privacy Professionals. 

Marc Tolliver Esq.

Marc is a trial lawyer who focuses his practice on insurance defense litigation, personal injury, products liability, premises liability, wrongful death and construction defects. He has a diverse practice that serves manufacturers, athletic facilities, schools, restaurants, retailers, construction companies and individuals. He has experience handling cases from intake to evaluation and discovery, including expert and fact witness depositions, and eventually all the way through resolution, whether it be through trial, settlement, or dismissal.

Coraleine Kitt Esq.

Ms. Kitt is a member of Flaster Greenberg’s Cybersecurity & Data Privacy, Intellectual Property, and Patent practice groups. Coraleine is a Certified Information Privacy Professional (CIPP/US) designated by the International Association of Privacy Professionals. She leverages this expertise to provide clients with guidance on a range of data privacy, cybersecurity and technology matters. Her broad-based education and technical experience also include optics, nanotechnology, biomaterials, biochemistry, genetics, molecular biology, and medical devices. She has worked on prosecution and litigation matters for clients ranging from start-ups to Fortune 100 corporations in the life sciences, medical device, and telecommunications industries.  Licensed to practice with the U.S. Patent and Trademark Office, Coraleine worked as a patent agent while earning her J.D. from Fordham University School of Law. Prior to attending law school, she gained industry experience as a medical devices and biomedical. Coraleine received her B.S. in Physics and her B.S. in Materials Science & Engineering from Massachusetts Institute of Technology. 

Richard Ernsberger Esq.

Richard represents clients in state and federal court in a wide variety of civil cases, including matters relating to federal false claims, employment discrimination, intellectual property (copyright and patent), real estate disputes, and consumer protection. Richard also counsels clients in transactional and regulatory matters, including in the registration of trademarks and copyright license agreements, and serving as general counsel for a limited partnership. Richard started his career as a clerk on the Pennsylvania Supreme Court. Richard recently provided guidance to the U.S. Small Business Administration’s Office of Disaster Assistance, reviewing disaster assistance loans for individuals and small businesses suffering hardship due to COVID-19 and natural disasters in California, Louisiana, and Alabama. Richard also has provided pro bono legal representation to persons sued by student loan collection agencies, and is a registered Mediator with the Federal Court in Pittsburgh. Richard has taught continuing legal education courses in ethics, insurance, and data privacy matters for the Pennsylvania Bar Institute and the National Business Institute.

Yanai Siegel Esq.

Mr. Siegel is Corporate Counsel, Planning & Development for Appliance Dealers Cooperative, a 12-state regional major home appliance buying group with substantial warehouse facilities in central NJ, Lewisberry PA (near Harrisburg) and Imperial PA (near Pittsburgh). He is also Counsel for the NY/NJ law firm of Shafer Partners, LLP, as well as associated with Your House Counsel®, a national consortium of insurance and corporate liability defense law firms. Mr. Siegel is the former Chair of the Aeronautical and Space Law Section of the Pennsylvania Bar Association, and is a former Chair of the Aerospace Law Division of the American Bar Association’s Science and Technology Law Section, and is the Co-Chair of the Your House Counsel Cyber Security and Data Privacy Practice Group. He is also a member of the PBA Business Law Section, the PBA Cybersecurity and Data Privacy Committee, the PBA In-House Counsel Committee, the American Bar Association, as well as the New York and New Jersey State Bar Associations. Mr. Siegel received his BS in Business Administration from Georgetown University for Accounting and Finance, MBA from Rutgers University for Marketing and Management, and his JD from the Rutgers-Camden Law School. He is admitted to practice law in New York, New Jersey, Pennsylvania and the US District Court of New Jersey. Mr. Siegel has previously presented CLE sessions on drone law issues for both the Pennsylvania Bar Association and the American Bar Association, and CLE sessions on cyber security and data privacy law for the New York, New Jersey and Pennsylvania State Bar Associations.

Eileen Buholtz Esq.

Eileen E. Buholtz, Esq.  graduated from the Eastman School of Music with a Bachelor of Music Degree and from Syracuse University with a Doctor of Jurisprudence degree. She is a member of Connors, Corcoran & Buholtz, PLLC in Rochester, New York where she concentrates her practice in litigation in insurance defense and estate litigation. Ms. Buholtz is past chair of the New York State Bar Association’s Torts, Insurance, and Compensation Law Section (NYSBA TICL Section).  She is immediate president of the Rochester chapter of the American Board of Trial Advocates (ABOTA).  She is an active member of the Defense Research Institute (DRI) including its cyber security and data privacy committee, the Monroe County Bar Association (MCBA), the Greater Rochester Association for Women Attorneys (GRAWA), the Women’s Bar Association of the State of New York (WBASNY), and the Defense Association of New York (DANY).  She lectures for NYSBA, MCBA, GRAWA, WBASNY, and DANY on topics involving civil litigation, insurance law, Labor Law, statutory liens, cyber security/data privacy, and ethics. She has authored chapters on construing insurance contracts, post-judgment interest, and ethical issues for NYSBA treatises. She has received awards including the NY Daily Record’s 2019 Leader in the Law Award, DANY’s 2017 John J. Moore Publication Award, NYSBA TICL Section’s 2009 John E. Leach Memorial Award, WBASNY’s 2008 Hanna Cohn Pro Bono Award, NYSBA’s Empire State Counsel for contributing 50-plus hours of pro bono representation for multiple years, 2004 nomination for the NY Daily Record’s Nathaniel Award, GRAWA’s 2004 Crennel-Branch Award, MCBA’s 2000 President’s Award,  NYSBA’s 1994 Pro Bono Award, and Volunteer Legal Services Project’s 1994 McKnight Award for Pro Bono Services.  She is co-chair the Friends of Eastman Opera and is a board member of the National Association of Women in Construction’s Rochester NY chapter.     


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