Guarding Data Fortresses: Navigating Cybersecurity, Regulations, and Legal Battles
Today, most businesses know that cybersecurity threats are as much of a technical risk as they are a legal and regulatory one. The consequences of a cyber event are costly, and the proof is in the numbers. The United States, in particular, leads the world in incurring the highest average cost of data breaches, much of which is incurred through customer litigations and regulatory enforcement. In 2023, cybersecurity regulations across all sectors were plentiful, and some defining cyber-attacks, such as the MOVEit data breach, or cases such as Merck Co. Inc. et al. v. ACE American Insurance Co. et al., will have lasting effects on corporate cybersecurity. Looking to 2024 and beyond, knowledge of the past year’s cyber litigations and regulatory developments will enable lawyers to proactively assess risks, develop robust cybersecurity strategies, and navigate the complex landscape of cybersecurity litigation.
In this seminar, our expert panelists will begin by giving background about cybersecurity and the threat landscape in 2023. Audience members will get a better understanding of the different modes of attack that threat actors may use as well as context into one of the biggest breaches of the year so far. The experts then go on to outline the new and proposed SEC rules related to cybersecurity. They describe the new disclosure requirements as well as the proposed consumer protection rules. The panelists then focus on the defining cybersecurity litigations of 2023, sharing the key insights and lessons to retain from the past year’s events. They conclude by sharing what to expect and prepare for in the future of cybersecurity litigation. Â
Our Mission is to bridge the knowledge gap between law and technology professionals by educating attorneys on technology to attorneys and technology executives on its laws and regulations. Legal Cyber Academy provides a comprehensive tool and evolving knowledge base through exclusive insights from world class cybersecurity, privacy, web 3.0, forensic, and e-discovery legal and technical practitioners. Earn CLE, CPE, and CE credits. (Refunds are available if you do not receive credit) At Legal Cyber Academy We recognize that technology, the cybersecurity threats it faces, and relevant laws and regulation are rapidly evolving, presenting unique challenges and opportunities. Our platform is dedicated to empowering legal professionals with the skills and understanding necessary to navigate the complex landscape of technology in their field, enabling them to effectively advise clients, draft contracts, and navigate legal implications in a technology-driven world. Simultaneously, we strive to equip technology professionals with the legal knowledge they need to make informed decisions, ensure compliance with regulations, and limit liability. By fostering a deep understanding of legal frameworks, we hope to support technology professionals in creating innovative, compliant, and socially conscious technological advancements. Join us in our mission to reshape the way legal professionals and technology experts understand and interact with each other in a rapidly changing technical and legal landscape. Together, they will mitigate risk better, ensure compliance, and actively shape the future of technology and its accompanying laws.
LAW & FORENSICS LLC – FOUNDER; JAMS – NEUTRAL; HARVARD – ADJUNCT;
Danie Garrie, Esq., is the Co-Founder of Law & Forensics LLC, where he heads the Computer Forensics and digital discovery Cybersecurity teams. Daniel has been a dominant voice in the computer forensics and cybersecurity space for the past 20 years, as an attorney and technologist. He is an adjunct professor at Harvard for Computer Forensics, and prior to Law & Forensics, he successfully built and sold several technology start-up companies. Since co-founding Law & Forensics LLC in 2008, Daniel has built it into one of the leading boutique firms specializing in cybersecurity and forensic engineering. He is a mediator, arbitrator, and e-discovery special master for JAMS and is a partner and head of Cybersecurity practice at Zeichner, Ellman & Krause LLP. Daniel earned both a Bachelor’s and a Master’s degree in computer science from Brandeis University, as well as a J.D. from Rutgers Law School. Daniel has led cyber and forensic teams in some of the most visible and sensitive incidents in the United States. He and his team have worked globally for two of the top five banks and dozens of the largest private and public companies in the world. In addition, Daniel has been awarded several patents for advanced cybersecurity and forensic platforms he built with his team, including TableTop.AI, CustodyTrack.IO, and Forensic Scan. Daniel is also well-published in the cybersecurity space and has authored more than 200 articles and books. His work is cited by Black’s Law Dictionary 10th Ed. defining the terms 'software', 'internet', and 'algorithm'. Lastly, he has been recognized by several United States Supreme Court Justices for his legal scholarship and is a trusted source and thought leader for cybersecurity articles and opinions, cited over 500 times to date.
Of Counsel | Stevens and Lee
The Honorable Thomas I. Vanaskie, former Judge with the United States Court of Appeals for the Third Circuit and Chief Judge of the United States District Court for the Middle District of Pennsylvania, is a member of Stevens & Lee’s Litigation Department. He co-chairs the firm’s Appellate Practice Group with Karl S. Myers and chairs the firm’s Mediation, Neutral Services and Alternative Dispute Resolution Practice Group. Judge Vanaskie was appointed to the United States Court of Appeals for the Third Circuit in 2010 where he served with distinction for eight years, participating in and deciding many complex, high profile cases. Before 2010, he served as a district judge for the United States District Court for the Middle District of Pennsylvania for 16 years, including seven years as chief judge. In May of 2021, he was appointed by the President of the Pennsylvania Bar Association to serve as chair of a statewide task force to study the impact of the COVID-19 pandemic on the delivery of legal services and to make recommendations to mitigate the disruption of services resulting from future catastrophes. The task force generated a comprehensive report that will serve as the foundation for enhancing the use of technology to assure that legal services will be delivered despite widespread disasters.
Managing Director, Cybersecurity and Data Privacy, Strategy and Transactions | Ernst & Young
Brian leads a team of 30 cybersecurity and data privacy professionals, focused on the strategic application of security in the context of capital transactions, including mergers, acquisitions, divestitures, real estate transactions and restructurings. He joined EY from the US Department of Justice (DOJ), where he served as the National Coordinator for more than 300 federal prosecutors focused on investigating and prosecuting computer crime and intellectual property crime. He also served as a federal prosecutor and senior counsel with the DOJ’s Computer Crime and Intellectual Property Section. Prior to joining the DOJ, Brian served as an Assistant Attorney General for the Internet & Technology Bureau of the New York Attorney General’s Office, a civil litigator for international law firms, and a law clerk to federal district and appellate judges. He earned his BA, summa cum laude, from the University of Pennsylvania and his JD, magna cum laude, from New York University School of Law.
Managing Counsel, Global Privacy | Fiserv
David Hamilton is VP, Assistant General Counsel, responsible for global privacy and security issues at Fiserv, the Fortune 200 fintech and payments company. In this role he advises and enhances the global privacy and cybersecurity programs, including relating to incident response process and preparedness. David advises business teams on privacy-by-design in Fiserv’s products and services throughout the organization, and is the primary privacy counsel to Clover, Fiserv’s point of sale business. David advises and develops information on privacy matters to members of the company’s executive leadership team and coordinates closely with the Global Privacy Officer and his compliance team to develop repeatable processes in compliance with the numerous global privacy laws to which Fiserv is subject, including CCPA, GLBA, GDPR and e-Privacy, PIPEDA, LGPD, HIPAA, CAN-SPAM and TCPA. David negotiates the data and privacy terms of the company’s most significant relationships, and works closely with Fiserv’s Data Commerce Solutions business on various data initiatives to help further grow the business. David further participates in M&A diligence and litigation/regulatory issues, inquiries, and briefings impacting privacy and data. David is a former litigator, having begun his career at a New York based financial services litigation boutique with extensive experience prosecuting civil cases as lead and second-chair counsel in trials, evidentiary hearings, and appeals. David represented the largest US retail banks, fintechs and tech companies in litigation, class-action defense, and privacy and security matters. David has (successfully) argued appeals before the Justices of New York’s Appellate Division (both First and Second Departments), handled many cases before the SDNY, EDNY and the US Appeals Court for the Second Circuit and defended several banks in state and federal class actions. Many of these representations resulted in published decisions of first impression (including interpretations of New York’s CPLR Article 52 and judgment enforcement issues by the NY Court of Appeals and First Department). David also advised tech companies and fintechs on privacy, cybersecurity, and data issues relating to the building of privacy programs, Ad-Tech, CCPA and GDPR compliance and transfers of data using SCCs. David is a strategic business partner, helping to grow and support the business and counsel appropriate management of risk. He advises teams across the company at all levels through the C-suite.
Associate Partner | McKinsey & Company
Jeffrey Caso is an Expert Associate Partner in McKinsey’s Cybersecurity Practice, based out of Washington, DC Jeffrey focuses on market growth strategy, and is passionate about bringing to market next-generation cybersecurity offerings and moonshots. He serves clients on digital risk and technology strategy with an emphasis on cybersecurity, working with enterprises, private equity firms and investors, and cybersecurity providers Jeffrey is also the co-leader of Cyber Threat Snapshot, McKinsey’s flagship deep web threat intelligence offering, and one of the leaders of the Provider Strategy cyber hub. Jeffrey holds a B.S.F.S. from the Georgetown University School of Foreign Service in Science, Technology, and International Affairs Jeffrey is published on cyberwarfare, privacy regulation, and COVID-19 impact on cyber markets, and is an active speaker at roundtables and conferences
