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The Future of FTC Privacy Regulation

The Future of FTC Privacy Regulation
Product Code - LGN257
Speaker(s): Edward R. McNicholas, Sidley Austin LLP; Bill A. Hardin, Navigant Consulting, Inc.; Colleen T. Brown, Sidley Austin LLP
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Privacy and data protection are hot topics for legislators, regulators and risk managers. Companies face increasing challenges to refine strategies to prevent, detect and respond to data breaches and better utilize growing volumes of consumer data while meeting consumer expectations for privacy. Rapidly evolving technologies are opening new markets, but the pace of legal change lags behind. While privacy legislation is stalled in political quagmires, the FTC has emerged as a key player creating “common law” privacy and data security rules. Its authority to oversee data security has been recognized by the recent Wyndham Worldwide Corp. decision and is being challenged in an ongoing challenge against LabMD Inc.

Using the flexible enforcement powers under section 5 of the FTC Act, the FTC has launched enforcement actions stemming from data breaches, as well as allegedly deceptive technology or data use innovations, along with enforcement actions related to other statutory obligations such as the Fair Credit Reporting Act and the Children’s Online Privacy Protection Act. The FTC has also been vocal about its desire for additional rule-making and expanded enforcement authorities.

The faculty presenting this program will explore recent FTC developments, challenges to FTC authority, and how to build an effective compliance program in light of the evolving regulatory landscape.

Educational Objectives:

• Learn what topics the FTC is actively targeting in enforcement actions.
• Find out which topics may be the subject of regulatory attention in the near future.
• Identify strategies to best prepare your company or those you counsel to meet existing compliance requirements, anticipate requirements on the horizon and mitigate privacy and data protection risks.

Who would benefit most from attending this program?

Chief privacy officers; chief information officers; compliance professionals; legal counsel specializing in privacy, consumer protection or technology.

Program Level: Intermediate
Prerequisite: A general understanding of privacy and data security.
CPE Delivery Method: Group Internet-Based Live
Field of Study: Specialized Knowledge and Applications
Recommended CPE Credit: 1.5 credits
Anticipated CLE Credit: 1.5 credits (may vary based on from which location requested)

For additional information, please see the “CE Credit” tab.

Edward R. McNicholas, Sidley Austin LLP; Bill A. Hardin, Navigant Consulting, Inc.; Colleen T. Brown, Sidley Austin LLP

Edward R. McNicholas, Sidley Austin LLP
Ed McNicholas is a partner with Sidley Austin LLP, where he serves as co-leader of the firm’s Privacy, Data Security and Information Law practice. He has an extensive practice representing clients facing complex information technology, constitutional and privacy issues in civil and white-collar criminal matters. He focuses on trial and appellate representations of technologically-sophisticated clients facing complex personal information and cybersecurity issues. Commended by The Legal 500 US for his “deep knowledge of privacy and information security,” Mr. McNicholas spearheads Sidley’s cybercrime and cybersecurity focus and has significant experience with a wide-range of cutting-edge Internet and information law matters involving privacy and data protection, electronic surveillance, cloud computing, trade secrets, online advertising, social media, “big data” and national security. He formerly served as an Associate Counsel to the President of the United States, and he has developed unique experience representing clients in the midst of the media-driven legal challenges that follow from major privacy and cybersecurity incidents.

Mr. McNicholas earned a J.D. from Harvard Law School and an A.B. from Princeton University. He is licensed to practice in Maryland and the District of Columbia as well as before the U.S. Supreme Court and numerous U.S. District Courts and Courts of Appeal.

Bill A. Hardin, Navigant Consulting, Inc.
Bill Hardin is a Director of Navigant and Co-Chair of the company’s Global Data Privacy and Incident Response Practice. He helps boards, the C-Suite and counsel with emerging issues relating to data incident response, privacy regulations, enterprise risk management, and theft of trade secrets. In addition, Mr. Hardin advises audit committees, boards, counsel and management in business issues pertaining to dispute resolution, financial statement fraud, white collar crimes, and forensic accounting matters.

Mr. Hardin holds CPA/CFF, CFE, and PMP certifications and earned an M.B.A. from the University of Chicago, Booth School of Business.

Colleen T. Brown, Sidley Austin LLP
Colleen Brown is a senior associate at Sidley Austin LLP who focuses her practice on civil, criminal and constitutional litigation, internal investigations, and privacy and information law. She has significant experience on privacy and data protection compliance, litigation and regulator enforcement actions, including those focused on information security, incident and data breach response.

Ms. Brown earned a J.D. from the University of Pennsylvania Law School and a B.A. from Loyola College. She is licensed to practice in Maryland and the District of Columbia.

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.

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

Hardship Policy
For information regarding Bloomberg BNA’s Hardship Policy, please visit the Continuing Education Information page.

Individual programs, subjects, and formats may not receive credit in some states and there may be specific rules regarding who may earn credit or the maximum number of credit hours that may be earned with specific formats. For specific questions, contact your state MCLE regulatory entity for specific questions about your MCLE rules or visit the American Bar Association’s website for general information on accreditation.

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