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Privacy in the 21st Century: Definition, Regulation, Litigation, and What Is on the Horizon


Product Code - LGN228
Speaker(s): Moderator: Ronald J. Hedges, Ronald J. Hedges LLC; David C. Shonka, Federal Trade Commission; Jeffrey L. Poston, Crowell & Moring
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Privacy in today’s world is, without a doubt, a “hot” topic. Data breaches and revelations about commercial collection, the sale of consumer information, and government surveillance appear on a daily – and continuing – basis. At the same time, advances in electronic information promise (or threaten) more collection, use, and surveillance. This collection is often via mobile device tracking or the monitoring of consumer behavior when visiting a retail store. Any privacy professional, whether an attorney or not, must be prepared to address statutes and regulations which define privacy with their clients as well as with regulators in the course of civil litigation.

Every organization, in one manner or another, is likely to generate, possess, use and share – for profit or otherwise – information that falls within the various definitions of privacy. The faculty presenting this program will explore how privacy is and may be enforced in the United States in 2014 and beyond.

Educational Objectives:

• Understand how “privacy” is defined for purposes of regulation or litigation.

• Learn the role of the Federal Trade Commission in the investigation of privacy-related issues for purposes of enforcing existing privacy laws as well as investigating new privacy-related developments arising out of technological advances such as the “Internet of Things.”

• Appreciate the role of “private” civil actions brought to enforce privacy laws and how these actions may be prosecuted and defended.

Who would benefit most from attending this program?

Attorneys who appear before federal and/or state regulatory agencies on privacy-related matters and/or investigations; attorneys who represent plaintiffs or defendants in privacy-related civil litigation; privacy professionals who deal with federal and/or state regulatory agencies on privacy-related matters.

Program Level: Intermediate-Advanced
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.

Moderator: Ronald J. Hedges, Ronald J. Hedges LLC; David C. Shonka, Federal Trade Commission; Jeffrey L. Poston, Crowell & Moring

Moderator: Ronald J. Hedges, Ronald J. Hedges LLC
Ron Hedges is a special master, arbitrator, and mediator working with e-discovery and privilege issues. He served as a United States Magistrate Judge in the District of New Jersey from 1986 to 2007. He is a member of The Sedona Conference® Advisory Board and a member of the Advisory Board of the Advanced E-Discovery Institute of Georgetown University Law Center, where he teaches e-discovery and e-evidence. He also teaches at Rutgers School of Law—Newark. Mr. Hedges is author of, among other publications, Discovery of Electronically Stored Information: Surveying the Legal Landscape (BNA: 2007) and a co-author of Managing Discovery of Electronic Information: A Pocket Guide for Judges (Federal Judicial Center: 2007). He serves on the Advisory Board for The Sedona Conference®.

David C. Shonka, Federal Trade Commission
David Shonka is the Principal Deputy General Counsel of the Federal Trade Commission and heads the FTC’s E-Discovery Steering Committee. He formerly served the organization as the Assistant General Counsel for Litigation. Before joining the FTC, Mr. Shonka was an associate in a Washington D.C. law firm and a litigator in the Civil Division of the United States Department of Justice.

In his career at the FTC, Mr. Shonka has tried and argued competition and consumer protection cases in the federal district courts; tried cases in administrative proceedings, represented the Commission in numerous appellate cases; and contributed to the government’s briefs in several Supreme Court cases. He has spoken at numerous eDiscovery conferences and has been an instructor in deposition, trial, and motion practice courses. Besides having been an active litigator, Mr. Shonka has advised the Commission on the entire range of legal and policy issues that have come before the Commission. He has represented the Commission in several international programs.

Mr. Shonka earned a J.D. from the University of Maine School of Law and a B.A. from the University of Nebraska, where he majored in English and economics.

Jeffrey L. Poston, Crowell & Moring
Jeff Poston is a partner in the Washington, D.C. office of Crowell Moring and is Co-Chair of the firm’s Privacy and Cybersecurity Group and a member of the Litigation Group. He is a trial attorney by trade focused on counseling and defending clients in complex data protection matters involving class actions and regulatory enforcement actions.

Mr. Poston has represented clients in a variety of industries, including higher education, automotive, and defense in matters involving privacy and protection of personal information, including defending and counseling clients in class actions asserting violation of the Telephone Consumer Protection Act (TCPA). He has represented healthcare companies involved in some of the largest alleged data breach cases brought under the federal Hi-Tech Act and various state privacy, data security, and unfair competition laws. Mr. Poston has negotiated favorable settlements of these claims with state regulators and attorneys general. Recently, he was part of a litigation team that obtained a dismissal of nine consolidated class actions in the Eastern District of California, alleging that a national healthcare company violated the California Medical Information Act (CMIA) by disclosing the data of over one million members. Mr. Poston also counsels clients on front-end compliance issues involving the continuance of state and federal privacy laws, including HIPAA, and the TCPA. He is the author of newsletters analyzing significant decisions affecting the healthcare industry and has also lectured and written on various business litigation and unfair competition issues.

Mr. Poston earned a law degree from Georgetown University and a Bachelor’s degree, magna cum laude, from the University of Richmond and is a member of Phi Beta Kappa. He is admitted to practice before the United States District Court for the District of Columbia, the United States District Court for the Western District of Colorado, and the United States District Court for the Eastern District of Michigan and is a member of the District of Columbia and Pennsylvania Bars.

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.

Questions

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 accreditations@bna.com.