Maturing Approaches for 2022 and Beyond
Privacy, Cybersecurity & Contract Drafting: Maturing Approaches for 2022 and Beyond
Description
As businesses attempt to solve for compliance and contracting issues triggered by new privacy and cybersecurity rules, attorneys must balance the increasingly precise demands of regulators with the unique business needs, operational limitations, and organizational risk cultures of their corporate clients—all while keeping up with the rapid pace of technological innovation.
While regulations are gradually impacting a wider range of industries and product markets, other factors such as ransomware and state-sponsored cyberattacks are also shaping contract drafting trends. During this webinar, our panel of expert practitioners will touch on a range of current issues, including:
- The adoption of more comprehensive data governance requirements for commercial entities and federal contractors, including for devices that comprise the Internet of Things (IoT);
- The increased role that related insurance markets are playing in contract drafting;
- The SEC’s scrutiny of data risk management and cyber incident disclosure practices; and
- Standards for privacy and cyber controls that could inform state enforcement decisions.
This panel, intended for Chief Legal Officers, Outside Counsel, and other professionals managing corporate privacy and cyber risk, will give a practical view into significant operational trends and provide guidance on navigating the complex implications for contract drafting and approval processes.
Learning objectives include:
- Gain practitioner insights on recent developments in privacy and cybersecurity laws and the types of contract provisions that regulators may scrutinize in enforcement actions
- Study practitioner techniques for identifying and contractually mitigating privacy and cybersecurity risks in transactions, including for cloud software and connected devices
- Learn about the significance of well-defined cyber insurance coverage in relation to negotiating, executing, and monitoring compliance with commercial contracts that involve data
Who would benefit most from attending this program?
- In-house and law firm counsel who draft, negotiate, and advise on commercial transactions that carry privacy and cybersecurity risks
- Privacy and information technology professionals who advise organizations on data use, cybersecurity, and incident response
- Compliance professionals who advise on, draft, or administer organizational privacy and data security policies and procedures
Reena Bajowala
- Partner, Chair – Data Security & Privacy Practice
- Ice Miller, LLP
Reena R. Bajowala (CIPT, CIPP/US, CIPM) has deep experience with data security, information technology and privacy law issues, and a broad practice including counseling and advice, and litigation. She has deep experience with conducting risk assessments, developing privacy and information security compliance programs, and doing proactive planning for potential data security incidents, including drafting incident response plans, communications plans and conducting tabletop exercises. She also represents buyers and providers of IT services facing issues ranging from billing and performance disputes to copyright and licensing disputes. In response to the Securities and Exchange Commission’s increased attention to board responsibilities regarding cybersecurity, she is retained to train public and private company boards of directors on issues of cyber literacy. The Department of Labor’s current emphasis on cybersecurity marries Reena’s unique combination of decade-plus Employee Retirement Income Security Act (ERISA) and benefit plan counseling and litigation experience with her expansive cybersecurity and vendor management practice. Accordingly, she assists benefit plan sponsors with implementing cybersecurity policies and service provider management programs. Reena is a Fellow of the ABA Business Law Section with the Cyberspace Law Subcommittee and serves on the Steering Committee of the Chicago Electronic Crimes Task Force.
William Denny
- Partner
- Potter Anderson & Corroon LLP
William R. Denny, a Partner at Potter Anderson & Corroon LLP in Wilmington, Delaware, has a business and litigation practice, focusing on commercial transactions, mergers and acquisitions, vendor management, data privacy and security, and information technology. Mr. Denny is a Certified Information Privacy Professional and a Certified Information Privacy Manager through the International Association of Privacy Professionals. He has represented public and privately held companies and government entities in a wide range of technology transactions, including negotiating complex cloud services agreements, software and IT infrastructure development, maintenance and support agreements, long-term materials supply agreements, outsourcing agreements, transition and site services agreements, technology licensing agreements, sales of internet domain names, and website terms of use and privacy policies. Clients include major corporations in the industrial, chemical, medical and technology sectors, as well as technology and information systems service providers and developers.
David Derigiotis
- Corporate Senior Vice President
- Burns & Wilcox
David Derigiotis is Corporate Senior Vice President and National Professional Liability Practice Leader with Burns & Wilcox. He is one of the country’s foremost experts on cyber and privacy liability, leading a diverse team of highly specialized brokers and underwriters that foster strategic partnerships with insurance companies, cyber security firms and other industry organizations.
David is a published author, a licensed continuing education instructor, and is often a go-to for media, appearing in a variety of publications, radio and televised news segments to speak on cyber security, identity theft and privacy risks. He also has experience working with the Federal Trade Commission, OECD and the U.S. Department of the Treasury to evaluate privacy regulation and provide insight on the global cyber insurance market.
David is a Certified Information Privacy Professional with a concentration in United States privacy law, a Certified Information Privacy Manager with a focus on corporate data governance and privacy program management and is a Fellow of Information Privacy and active member of the International Association of Privacy Professionals (IAPP).
Peter Karalis
- Senior Legal Analyst, Corporate Transactions
- Bloomberg Law
Peter Karalis is a Legal Analyst on the Transactions Team, with an emphasis on technology law and data privacy. He has served as in-house counsel for governmental and private sector organizations to advise on commercial transactions, product development, regulatory compliance, and advertising and marketing initiatives. Peter earned a JD from The Catholic University of America Columbus School of Law and a BS in Business Administration and MA in Public Communication from American University.
He is a Certified Information Privacy Professional (CIPP/US) through the International Association of Privacy Professionals.
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