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Cyber Risk & Privacy Liability Forum: Federal and State Regulations


Product Code - LGN181
Speaker(s): Moderator: Theodore Kobus III, Baker Hostetler LLP; Kurt Suhs, IronShore; Tom Finan, U.S. Department of Homeland Security; Mary Guzman, McGriff Seibels & Williams; Ryan Kriger, Vermont Assistant Attorney General; Jon Neiditz, Kilpatrick Townsend & Stockton LLP; Jacob Olcott, Good Harbor Consulting
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Bloomberg BNA is pleased to present this program in partnership with HB Litigation Conferences LLC. The live program was co-produced by HB and NetDiligence®.

When dealing with a cyber breach it is imperative to understand and follow federal and state regulations in order to protect the affected parties of the breach along with your company’s reputation. In this session we provide the perspectives of a U.S. Department of Homeland Security officer and a State Assistant Attorney General along with experts of the industry to give the most current update on how a cyber breach should be handled and the regulations that a company must follow to resolve the issue. The panel also takes an in-depth look at the current regulations and how companies are reacting to cyber breaches in line with these regulations.

Topics discussed by this panel include:

• What the U.S. Department of Homeland Security is looking for when there is a cyber breach
• What a State Attorney General is looking for when there is a cyber breach
• The difference between good and bad regulations
• How clients are reacting to cyber breaches
• SEC disclosure deadlines
• Pet peeves when a cyber breach report is filed to an Attorney General’s Office
• The relationship between the clients and the regulators
• How states view multiple breaches by the same company
• An overview of current cases

Program Level: Intermediate

Moderator: Theodore Kobus III, Baker Hostetler LLP; Kurt Suhs, IronShore; Tom Finan, U.S. Department of Homeland Security; Mary Guzman, McGriff Seibels & Williams; Ryan Kriger, Vermont Assistant Attorney General; Jon Neiditz, Kilpatrick Townsend & Stockton LLP; Jacob Olcott, Good Harbor Consulting

Moderator: Theodore Kobus, III, Baker Hostetler LLP
Theodore Kobus is National Co-Leader of the Privacy, Security and Social Media Team at Baker & Hostetler and focuses his practice in the areas of privacy, data breaches, social media and intellectual property. Ted advises clients, trade groups and organizations regarding data security and privacy risk management, breaches, response strategies, litigation and regulatory actions affecting organizations. He has counseled clients involved in significant breaches implicating state and federal laws, international laws and other regulations and requirements, including HITECH, the Massachusetts Data Privacy Law, California privacy laws (including the California Department of Public Health Law), Connecticut Insurance Department regulations, Puerto Rico’s Citizen Information on Data Banks Security Act, Mexico’s Data Protection Law, Canada’s data privacy requirements and PCI/CISP requirements. He has dealt with Offices of Attorneys General, state insurance departments, Office of Civil Rights (OCR)/Health and Human Services (HHS), Secret Service, FBI and local police and forensics professionals as part of their handling of data breaches. Risk management is a key component of an organization’s mitigation plan. Ted has handled over 100 breaches. His experience extends to litigation of data breach, privacy, technology, media and intellectual property matters nationally, including litigation and audits and actions by governmental regulators such as state attorneys general, HHS and OCR, the Federal Trade Commission (FTC), Federal Communications Commission (FCC), state departments of health and insurance and state and professional licensing boards. Education: J.D., Widener University School of Law, 1994, cum laude.

Kurt Suhs, IronShore
Kurt Suhs is the Vice President and Technology E&O & Privacy National Practice Leader Ironshore Insurance Services, LLC. Mr. Suhs is the National Practice Leader for Privacy, Security and Technology insurance and also serves as the Southeast Regional Manager for Professional Liability at Ironshore Insurance Services, LLC. With 25 years of insurance, risk management, bank regulatory and financial services experience, Mr. Suhs is recognized as one of the pioneers in privacy and network security insurance having joined INSUREtrust in 1997, the first company to launch a cyber security insurance product. Mr. Suhs is a graduate of Western New England College, Springfield, MA where he received a M.B.A. with a concentration in Accounting. He completed his undergraduate studies at the University of Massachusetts in Amherst, MA where he received a B.S. in Economics and a B.A. in Geology.

Tom Finan, U.S. Department of Homeland Security
Tom Finan is a Senior Cybersecurity Strategist and Counsel with the Department of Homeland Security’s National Protection and Programs Directorate (NPPD), where he works on policy issues related to cybersecurity insurance and cybersecurity legislation. Previously, he led the effort to develop a resiliency-focused risk analysis and modeling office for NPPD that will examine both cyber and physical threats to critical infrastructures, systems, and the public. Prior to his service with NPPD, Mr. Finan served as the Staff Director and Counsel for the Subcommittee on Intelligence, Information Sharing and Terrorism Risk Assessment with the U.S. House Committee on Homeland Security where he advised the Subcommittee Chair, Jane Harman (D-CA). During his time with the Committee, he authored two major reports: Beyond Connecting the Dots: A VITAL Framework for Sharing Law Enforcement Intelligence Information and LEAP: A Law Enforcement Assistance and Partnership Strategy. Both informed many of the statutory provisions that Mr. Finan developed for Title V of the Implementing Recommendations of the 9/11 Commission Act of 2007 (P.L. 110-53) and the Reducing Over-Classification Act (P.L. 111-258). Mr. Finan is a former Assistant General Counsel at the FBI and previously worked in private litigation practice.

Mary Guzman, McGriff Seibels & Williams
Mary Guzman joined McGriff, Seibels & Williams – Financial Services Division in September of 2009 as a Senior Vice President and Errors & Omissions Liability practice leader concentrating on the design, placement and oversight of customized executive risk solutions for the Fortune 1000 and other complex accounts. Ms. Guzman has a background in both property/casualty and executive risks issues and has concentrated the past several years in the errors and omissions/professional liability, cyber/privacy, and media risks across industry groups. Ms. Guzman came to McGriff having served is a Senior Vice President and Account Director roles at both Lockton Companies and Willis. Prior to that, Ms. Guzman served as the Regional Practice Leader in cyber/E&O risks for Marsh in the Southeast where she served as a liaison to the government on protection of the US Critical Infrastructure through relationships with NIST, NIAP, and CIAO. Ms. Guzman is a frequent speaker and has written publications related to information security risk. She also consults with clients on risk management and contracting strategies for vendor/business partner relationships and is the lead insurance placement specialist for McGriff in cyber, E&O, and related insurance products. Information Security Risk experience includes such accounts as Bank of America, Earthlink, General Electric, Global Payments and Hawaiian Electric.

Ryan Kriger, Vermont Assistant Attorney General
Ryan Kriger is an Assistant Attorney General in the Vermont Office of the Attorney General’s Public Protection Division. He handles antitrust and consumer protection issues, with a focus on technology and data security. Mr. Kriger is often called to testify before the state legislature on competition issues, and was involved in recent amendments to Vermont’s Data Breach Notification Act. Prior to joining the Attorney General’s Office, Mr. Kriger practiced for several years in New York City, working for both corporate defense firms and class action plaintiffs’ firms and focusing on antitrust complex litigation and commercial litigation, as well as electronic discovery and legal ethics. Mr. Kriger is currently working on Vermont v. MPHJ Technology Investments Inc., the first case in which a state Attorney General has sued a patent troll under a Consumer Protection Act.

Jon Neiditz, Kilpatrick Townsend & Stockton LLP
Jon Neiditz is Partner & Big Data Practice Leader at Kilpatrick Townsend & Stockton LLP. Mr. Neiditz is known nationally for developing and implementing cost-effective information governance and management programs that effectively address the risks, costs and opportunities associated with electronic information -- including in communications, collaboration and networking technologies; cloud computing and e-records management -- and as a trusted advisor on data management issues. He has particular depth in the areas of health (as one of the most experienced HIPAA/HITECH attorneys and consultants), financial, educational and other types of personal information, and is best known as a zealous manager of data breaches and related risks. He also helps organizations manage their digital assets, opportunities and issues more generally, as they find their place in the read/write, big data world. Education: Yale Law School.

Jacob Olcott, Good Harbor Consulting
Jacob Olcott is a principal in Good Harbor Consulting LLC’s Cyber Risk practice. He leads the firm’s work in support of private and public sector clients seeking to navigate complex cybersecurity policy and legal decisions and to assess and manage their cyber risks. Olcott has worked for years at the nexus of the private and public sectors on information technology policy, including cybersecurity, cloud computing, Internet governance, supply chain risk, research and development, and smart grid. He most recently served as counsel to Senator John D. Rockefeller, IV, Chairman of the Senate Committee on Commerce, Science, and Transportation, where he acted as the Chairman's lead negotiator on comprehensive cybersecurity legislation. He also led a review of corporate disclosure practices that contributed to the issuance of groundbreaking cybersecurity guidance by the Securities and Exchange Commission in October 2011. Before advising Chairman Rockefeller, Olcott was staff director and counsel for the Subcommittee on Emerging Threats, Cybersecurity, Science, and Technology of the House of Representatives Homeland Security Committee. He is the recipient of multiple awards, including the Federal 100 Award for leaders in federal government information technology (2011), the SANS Institute National SCADA Security Leadership Award (2009), and the SANS Institute National Cybersecurity Policy Award (2007). Olcott holds a J.D. from the University of Virginia and received his B.A. from the University of Texas at Austin.

This program’s CLE-credit eligibility varies by state. Bloomberg BNA is an accredited provider in the states of New York*, California, Pennsylvania, Texas and Virginia, and most other jurisdictions grant CLE credit on a per-program basis. At this time, Bloomberg BNA does not apply directly to the states of Florida, Rhode Island, Montana and Hawaii although credit is usually available for attorneys who wish to apply individually. Additionally, the following states currently do not grant credit for Bloomberg BNA OnDemand programming: Arkansas, Ohio, Nebraska, and Delaware. All requests are subject to approval once the live webinar has taken place or the customer has viewed the OnDemand version. Please contact the Bloomberg BNA accreditations desk if you have specific questions that have not been addressed.

If you have further questions regarding a specific state or how to file for CLE credit, please contact Bloomberg BNA customer service at 800-372-1033 and ask to speak to the CLE Accreditation Coordinator.

Hardship Policy
Bloomberg BNA offers a hardship policy for attorneys earning less than $50,000 per year. If an attorney wishes to take advantage of this option, he or she must contact Bloomberg BNA directly. For attorneys who are unemployed or earning less than $35,000 per year, a full discount off the price of the program will be awarded upon written proof of hardship. Attorneys earning between $35,000 and $50,000 per year will receive a 50% discount off the price of the program. Any attorney working in the public service sector also qualifies for a special price. If you have further questions regarding the hardship policy or seek additional information, please contact Bloomberg BNA customer service at 800-372-1033 and ask to speak to the CLE Accreditations Coordinator, or email us at accreditations@bna.com.

Questions
For more information about Mandatory or Minimum Continuing Legal Education (MCLE) requirements, visit the American Bar Association website at http://www.abanet.org/cle/mandatory.html.

*Bloomberg BNA is an accredited provider in New York for experienced attorneys only.