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The Latest Developments in Cyber Regulation and Insurance



Wednesday, April 3, 2013
Product Code - LGN128
Speaker(s): Collin J. Hite, Hirschler Fleischer, a Professional Corporation; Edward R. McNicholas, Sidley Austin LLP; Harriet P. Pearson, Hogan Lovells US LLP
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As information sharing becomes increasingly commonplace in the cyber arena, with transactions conducted via mobile devices and tablets by people on the go, the security of data is at risk more than ever before.

The faculty for this program will address the current cyber threats to the privacy and security of data as well as best practices that businesses are employing to address these threats, including both domestic and European Union responses. Learn about proposed legislation, including an executive order from the President and guidance from the Securities and Exchange Commission (SEC). Existing regulations and data breach obligations will be discussed as well as the risks and benefits associated with engaging with federal authorities.

The role of insurance to protect an organization’s interests from a breach and also the necessary steps to take after a breach occurs will also be explained.

Educational Objectives:

• Learn about the latest proposed legislation to protect the privacy and security of data, both in the United States and Europe.
• Understand how companies and individuals face exposure for data and privacy losses.
• Learn practical measures in-house counsel should be taking now.
• Find out how insurance protects you in the event of a breach.

Who would benefit most from attending the program?

General counsel; counsel responsible for security and privacy compliance; chief information security officers; in-house counsel and risk managers; I.T. professionals; insurance brokers; outside private counsel.

Program Level: Intermediate.

Credit Available: CLE. For more information, please click on the “CLE Credit” tab.

Collin J. Hite, Hirschler Fleischer, a Professional Corporation; Edward R. McNicholas, Sidley Austin LLP; Harriet P. Pearson, Hogan Lovells US LLP

Collin J. Hite, Hirschler Fleischer, a Professional Corporation
Collin Hite is a partner and the practice leader of the Insurance Recovery team in Hirschler Fleischer. He handles insurance recovery and coverage litigation nationally in the areas of business interruption, cyber/data breaches, construction, business torts, products liability, director’ and officers’ liability, employee dishonesty, intellectual property, environmental and bad faith matters. He also regularly conducts audits of insurance programs for Fortune 500 companies to middle market entities. He routinely speaks and writes on corporate insurance issues, including a regular column with Virginia Business magazine.

Mr. Hite previously founded and led the insurance coverage practice at McGuireWoods LLP for ten years. Before that, he was insurer-side counsel at Sands Anderson. He was also an assistant attorney general for the Commonwealth of Virginia and the State of Florida. Mr. Hite earned a B.A., cum laude, from Boston College and a J.D. from Southern Methodist University School of Law.

Edward R. McNicholas, Sidley Austin LLP
Edward R. McNicholas is a partner in the Washington, D.C., office of the international law firm of Sidley Austin LLP and a global coordinator of its Privacy, Data Security, and Information Law practice. His practice includes litigation and counseling relating to privacy and data protection, the law of the Internet, social media, and national security surveillance issues. He has been repeatedly recognized by Chambers both in the US and globally for his Privacy and Data Protection practice.

Mr. McNicholas previously served as an Associate Counsel to the President of the United States, where he advised senior White House staff regarding Congressional and grand jury investigations and worked on various complex civil litigation issues.

Mr. McNicholas is a frequent speaker and has written extensively on various privacy and other information law topics for numerous trade publications. Many of these articles are collected at http://www.sidley.com/infolaw. He is a graduate of the Woodrow Wilson School of Public and International Affairs at Princeton University, summa cum laude, and Harvard Law School, cum laude. While at Harvard, he served as an editor in the Supreme Court Office of the Harvard Law Review. Upon graduation from law school, Mr. McNicholas clerked for the Honorable Paul V. Niemeyer of the United States Court of Appeals for the Fourth Circuit.

Harriet P. Pearson, Hogan Lovells US LLP
Harriet Pearson is a Partner at the global law firm Hogan Lovells. She advises clients on privacy and cyber security matters such as security incident response and remediation; cross-border data transfers; data risk assessments and mitigation strategies; policy development; transactional risk allocation; and legislative, regulatory and self-regulatory processes.

Ms. Pearson joined Hogan Lovells in 2012 from the IBM Corporation, where she most recently served as Vice President, Security Counsel and Chief Privacy Officer and led global legal, policy and compliance programs for privacy and data protection, cyber security and social media. One of the first and longest-serving Chief Privacy Officers in the Fortune 500, Ms. Pearson is an internationally recognized corporate privacy and data security pioneer. In 2007, the IAPP presented Ms. Pearson with its highest honor, the Vanguard Award, awarded annually to “the individual professional who best demonstrates outstanding leadership, knowledge and creativity in the field of privacy and data protection.” In 2012, the Executive Women’s Forum presented her with its Corporate Practitioner “Woman of Influence” award for her work in cyber security, privacy and risk management.

Ms. Pearson co-chairs the Georgetown University Cybersecurity Law Institute, advises the ABA President’s Task Force on Cybersecurity, and serves on the advisory boards of the Electronic Privacy Information Center and the Future of Privacy Forum. She previously served on the CSIS Commission on Cybersecurity for the 44th Presidency and was a founding board member of the International Association of Privacy Professionals.

Ms. Pearson earned a J.D. from the UCLA School of Law (Order of the Coif) and a B.S.E., cum laude, from Princeton University. She resides in the Washington, D.C. area and is admitted to the D.C. Bar.

This program is CLE-credit eligible.

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 Legal and Business 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 Lindsey Pace, 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.