Celesq® Attorneys Ed Center
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Programs in Privacy Law

Programs are available online to all firms wishing to assist their attorneys in obtaining their CLE credits. Please email customer.care@celesq.com to obtain a coupon code for your firm. Once an attorney has completed a program, your firm will be billed $30 each for the cost of each certificate which will be issued as a download once the attorney has completed the affirmation for the particular program. CDs will be available for all programs upon request. Please email customer.care@celesq.com to purchase CDs for any course. Cost will be $95.00 per CD, plus shipping and handling.

PROGRAMS ARE NOT AVAILABLE UNTIL AFTER THE PROGRAM DATE – IF THE ONLINE PURCHASE BUTTON IS NOT SHOWING – THE PROGRAM IS NOT YET AVAILABLE FOR LISTENING. PLEASE DO NOT ADD AUDIO TAPE TO YOUR CART AS THE PROGRAM IS NOT YET AVAILABLE. ONLY ADD TO YOUR CART IF YOU SEE ‘ONLINE AUDIO’ - THANK YOU SO MUCH!

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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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The Shield Act: Are You Compliant (05/20/2020)

Program Number: 3077 Presenter: Nick Akerman, Esq.

On March 20th a new law in New York went into effect requiring all businesses holding personal data belonging to New York residents to institute specific data security measures. Known as the “Stop Hacks and Improve Electronic Data Security Act" (the “Shield Act”), this new statute will be enforced by the New York Attorney General and mandates that a company must implement a number of “administrative, technical and physical safeguards” and appoint an employee to manage the cybersecurity program. Among other changes, the new law expands the definition of personal information and the definition of what constitutes a data breach. Failure to comply with this new statute authorizes the Attorney General to obtain statutory damages and the actual damages to consumers.

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Legal Elements of Cybersecurity (02/13/2020)

Program Number: 3040 Presenter: John Lande, Esq.

Rarely a day goes by without news about a cybersecurity incident affecting a national company. Fraudsters are targeting companies of all kinds and sizes with the goal of divesting companies of their money and confidential information. This presentation will discuss current cybersecurity legal issues through the lens of real case studies, and specifically cover: (1) current threats, (2) liability issues, (3) insurance coverage, and (4) mitigating legal cybersecurity risk.

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Botnet Extortion and Disparagement and Section 230: Do Businesses Have Any Recourse? (01/28/2020)

Program Number: 3037 Presenter: Bradford P. Meisel, Esq., Diane D. Reynolds, Esq.

Cybercriminals have presented targeted businesses with a frightening choice: pay up or have Botnets post thousands of negative reviews in a matter of minutes. Botnets, which are groups of computers controlled by a single person, have also famously flooded social media platforms with disparaging posts about politicians and political parties in the days before recent elections in the United States and other industrialized countries. Businesses, politicians, and other victims of Botnet-mediated disparagement seeking damages face a daunting obstacle in the form of Section 230, the controversial federal statute that immunizes computer service providers from liability for content provided by another person or entity. This program will examine the legal arguments regarding whether or not Botnet-mediated disparagement is subject to Section 230-a question which courts have yet to address. This program will also examine the intensifying debate in Congress regarding both the Botnet epidemic and Section 230 and how it could impact litigation

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March 2020: How to Be Ready for New York’s New Data Protection Law (the SHIELD Act) (01/16/2020)

Program Number: 3032 Presenter: Nawa Lodin, Esq., Caroline A. Morgan, Esq.

On October 23, 2019, the Stop Hacks and Improve Electronic Data Security Act (the SHIELD Act) went into effect. The New York law imposes data breach notification requirements on any business that owns or licenses certain private information of New York residents, regardless of whether it conducts business in New York. In March 2020, the second part of the Act goes into effect, requiring businesses to develop, implement and maintain a data security program to protect private information. Through this course, attorneys can gain an understanding of the SHIELD Act with an emphasis on key actions businesses should take to comply, the penalties for not doing so, and cybersecurity best practices to mitigate loss.

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Legal Ethics and Cyber Security 2020 (01/10/2020)

Program Number: 3031 Presenter: Carole Buckner, Esq.

Lawyers and law firms are at risk of data security breaches and must have reasonable measures in place to address cyber security. This presentation will discuss some of the practical risks associated with data security and the ethical obligations of lawyers in dealing with cybersecurity issues. A lawyer’s primary ethical duties involve the duty of competency, which requires a reasonable understanding of issues involving technology and data security, and the duty of confidentiality, which requires that lawyers take reasonable steps to protect their communications with clients and their clients’ electronic data, and the duty to disclose significant developments related to the representation, including possible security breaches. We will discuss ethics opinions concerning reasonable measures and preparation for cyber incidents, as well as several common scenarios including ransomware, phishing, lost laptops, missing smartphones, and cybersecurity when working remotely. In addition, we will discuss the availability of cyber insurance. In addition,

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Important Differences Between Federal and State Antitrust & Consumer Protection Laws (03/04/2020)

Program Number: 3030 Presenter: Robert M. Langer, Esq.

Federal and state antitrust laws, as well as the Federal Trade Commission Act and its state analogues, differ significantly, both substantively and procedurally. Bob Langer, who has written and spoken on this vital topic for more than forty years, and is the co-author of the treatise, “Unfair Trade Practices, Business Torts and Antitrust,” will discuss many of the most critically important differences that practitioners who litigate or counsel in this area of law should know. It is indeed a veritable trap for the unwary.

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Ethically Developing A Law Firm Security Game Plan (12/17/2020)

Program Number: 30291 Presenter: Kenneth Jones, Dan Schatz, Esq.

Increasingly, law firms face the challenge of developing a comprehensive game plan to defend against the myriad of cyber threats ever-present in today’s world. Attorneys themselves, pursuant to ABA Model Rule 1.1, are called upon to act reasonably and promptly to stop data breaches and mitigate damage resulting from the breach. Similarly, Model Rule 1.6 calls for lawyers to make reasonable efforts to prevent the inadvertent or unauthorized disclosure of, or unauthorized access to, information relating to the representation of a client. To help mitigate risk, this program will discuss areas such as end user security training, the importance of executing backup drills, key elements of a proper law firm defensive infrastructure, advice for remote working scenarios and other topics.

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Cybersecurity as Business Risk: Evaluating Cyber Risk in M&A (12/14/2020)

Program Number: 30289 Presenter: Mark Sangster

Due Diligence is critical to determining the value of business and preserving the acquirer’s investment. But often, cybersecurity and cyber risk are overlooked or underfunded when it comes to accessing value and identifying risk. Join cybersecurity expert, Mark Sangster, as he explores new trends in cyber threats, consider cybersecurity in terms of dollars and cents and not ones and zeros, and practical guidelines to accessing cybersecurity posture and quantifying cyber risk. Book Link: https://www.amazon.com/No-Safe-Harbor-Cybercrime_and-Business/dp/1989603424/ref=sr_1_1?dchild=1&keywords=mark+sangster&qid=1605190243&s=books&sr=1-1

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