Celesq® Attorneys Ed Center
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Programs in Privacy Law

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Smells Like Teen Hackers: The Secret Origin Story of American Cybersecurity (03/30/2021)

Program Number: 3178 Presenter: David Kalat

This webinar explores how fictional scares and even more worrisome “stranger than fiction” scares in 1983 led to the enactment of the Computer Fraud and Abuse Act (CFA) and the Computer Security Act of 1987. The historical framing is used to explain why certain limitations or peculiar features of these laws were enacted. This discussion also examines criticisms of these computer security laws by civil libertarians and privacy advocates, and ways in which the laws have been challenged and amended to address those critiques. In many ways, the secret origin story of American cybersecurity begins in 1983, when the very idea of computer crimes seemed to many like science fiction. Personal computers were still a novelty, and the only users of the Internet were government scientists. But U.S. defense analysts foresaw risks from hostile governments like Russia, as well as terrorists and criminals, not to mention mischief from garden variety hackers. Their

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A Shot in the Arm: The Employment and OSHA Law Implications of COVID-19 Vaccination Programs (03/15/2021)

Program Number: 3159 Presenter: Dr. Sharon Meit Abrahams, Eric J. Conn, Esq., Fern Fleisher-Daves, Esq.

In December 2020, two COVID-19 vaccines received emergency use authorization from the U.S. government and several more vaccines may be approved in the coming weeks. In the initial phases, front-line healthcare workers, nursing home residents, persons over 75 years of age, and others with underlying health conditions have been given first priority, but many employers are now devising programs to have their "essential workers" or all of their workers vaccinated as soon as possible. This discussion will address the OSHA and Labor & Employment law questions swirling around employer-driven vaccination policies and programs, including the legality of employer vaccine mandates, the grounds on which employees may decline the vaccine, and what effects the vaccine has on OSHA-required COVID-19 protocols in the workplace.

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Hot Topics in Right of Publicity Disputes (03/09/2021)

Program Number: 3140 Presenter: Stan Soocher, Esq.

The parameter of rights in an individual’s persona—name, voice, likeness and other elements of an individual’s identity—is often a key consideration for creators of media content and their counsel. This presentation examines recurring legal issues and recent case law developments in disputes over such rights of publicity. Topics to be covered include: whether a right of publicity has been effectively assigned; how statute of limitation concerns can impact right of publicity litigation; which state’s or country’s right of publicity law applies; the interplay of publicity rights with federal Lanham Act claims individuals may pursue over unauthorized uses of their personas; and whether a defendant has raised a viable “transformative use” argument that will defeat an unauthorized use claim.

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Lessons in Disaster: Learning from Law Firm Cyber Breaches (02/23/2021)

Program Number: 3134 Presenter: Mark Sangster

Given an outcome, we often exaggerate our ability to predict and therefore avoid the same fate. In cybersecurity, this misconception can lead to a false sense of corporate security, or worse, bury the true causes of incidents and lead to repeated data breaches or business disrupting cyber incidents. In this session, we will explore real-world incidents and threats to assemble an actionable cyber resilience framework that adapts to distributed assets, remote workers, and virtual workloads.

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Defamation in the Time of COVID-19 (02/02/2021)

Program Number: 3130 Presenter: Karen D. Fultz-Robinson, Esq., Johanna Sheehe, Esq.

As COVID-19 continues to threaten public health, worldwide, and serves as a major concern for individuals, questions surrounding the health of those interacting with the public, on a daily basis, are at the forefront of our discourse. This begs the question: Is a statement falsely advising that a person has contracted COVID-19 defamatory? This program will examine the elements required to maintain a claim for defamation in the context of COVID-19. The discussion will examine the challenges of proving whether a person has been defamed, examine the history of the loathsome disease category of defamation per se and its applicability to COVID-19 and damages associated with a statement regarding a person contracting COVID-19. Participants will gain an understanding of the legal elements required to prove a claim for defamation as well as the hurdles to prevail on such a claim as it relates to the pandemic.

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Evolving Foreign Trade Risks Under CFIUS: What Lies Ahead? (02/10/2021)

Program Number: 3112 Presenter: Michael Clark, Esq., Alan F. Enslen, Esq., Aldo M. Leiva, Esq., Hon. Joe D. Whitley, Esq.

The panelists will provide an overview of key changes to U.S. dual-use export controls in the past 18 months and enforcement initiatives relating to ongoing interagency efforts to designate and safeguard U.S. emerging and foundational technologies, and the continued evolution of regulations and policies governing national security reviews of foreign direct investment into the United States—along with observations about the anticipated status of these initiatives in the next year. Attention will also be given to cybersecurity due diligence for covered transactions, how investigations get launched, opportunities for assisting clients, such as internal investigations and examining compliance issues, and an overview of potentially applicable federal statutes that may be implicated.

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Countering Crime Insurers’ “Direct Loss” Defenses against Coverage for Cyber Scams (01/06/2021)

Program Number: 3111 Presenter: Joshua Gold, Esq.

Among the various arguments insurance companies have deployed to attempt to deny “Computer Fraud” coverage under crime policies, three have been focal points in multiple court contests. All three are variants on the theme that the crime in question was not “brute force” hacking per se – direct invasion of a computer – but scams that in one way or another induced action from individuals acting on behalf of the targeted organization. Participants in this session will learn the nuances of these defenses against coverage, the grounds on which state and federal courts have rejected them, and the terms in which to credibly resist coverage denials under crime policies when their organizations are the victims of cyber scams.

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Evaluating a Vendor's Privacy Practices: The Rise of the Vendor Privacy Assessment Questionnaire (01/13/2021)

Program Number: 3102 Presenter: Karin E. Ross, Esq., David A. Zetoony, Esq.

Many companies have institutionalized the practice of conducting due diligence on their vendors’ security practices. A familiar component of the diligence process is to have a vendor complete a security assessment questionnaire or SAQ . Historically, vendor privacy due diligence has been a less common phenomena. New cases, statutes, rules, and regulations are changing that. The program will discuss the growing need and upward trend for conducting privacy due diligence in light of the European court of justice decision in Schrems II, the CCPA, and the CPRA. It will also provide in-house counsel with practical insights into what to include in a privacy assessment questionnaire, and how to institutionalize the practice of conducting them

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Privacy in the Skies: Navigating the New Federal Drone Privacy Law (04/10/2020)

Program Number: 3095 Presenter: Bradford P. Meisel, Esq., Diane D. Reynolds, Esq.

The new federal drone privacy law enacted as part of the FAA Reauthorization Act of 2018 imposes significant information privacy requirements on commercial drone operators in nearly all industries and sectors including requiring them to adopt and implement privacy policies governing all data collected by their drones and may effectively force commercial drone operators to comply with the emerging patchwork of state information privacy and security laws. This program will explain the new law's requirements, the relationship between the new law and the law governing the preemption of state information privacy laws as applied to aviation, and how to best assist commercial drone operators in developing and implementing compliant privacy policies and practices and ensure compliance with applicable state information privacy and security laws.

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Digital Risks and Digital Duties: Finding a Standard of Care in Cyberspace - Part 1 (05/28/2020)

Program Number: 3090 Presenter: Michael A. Goode, Esq., James M. Paulino II, Esq.

In this two-part presentation, we will begin by discussing the patchwork of data privacy statutes, regulations and case law in an effort to define the baseline for reasonable security measures, and then apply these standards to recent breach events in the medical, construction, agricultural, retail, manufacturing, financial and legal industries to highlight common security failures, and opportunities for improvement. At the conclusion of the presentation, we will discuss best practices to consider to assist in reducing the risk of data breach incidences as well as the potential exposure in the event an incident occurs.

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