BenchmarkData Security & Privacy Forum

www.benchmarklitigation.com#BMprivacy2016

February 11 2016 | Convene Times Square, New York

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BENCHMARKLITIGATION

Agenda – February 11 2016

12.50 Networking lunch

1:40 Mobile devices and Internet of Things • Do your mobile apps have appropriate privacy policies?Are they compliant with FTC guidelines?

• Wearables and the Internet of Things: what defines“mobile device” in today’s environment?

• Ensuring contractual relationships are establishedbefore implementing new technology

• How to use external agencies safely

James Koenig, of counsel, Paul Hastings (moderator)Debra Bromson, head of global privacy, Jazz PharmaceuticalsSeth Blinder, senior counsel, privacy & data protection,MasterCardRonald Prague, EVP & general counsel, Synchronoss Technologies

2:30 Avoiding the pitfalls of big data• Understanding where your data actually sits andresonable disposition policies

• Legal obligations under the ADA, HIPAA, GINA andother health and privacy related laws

• Cyber-coverage policies: ensuring you are properlyinsured against cybercrime and other data breaches

• Lessons learned from Anthem breach and how to limitthe risks

• 2015 highest year of M&A events; what does that meanfor mining institutional knowledge?

Adam Golodner, partner, Kaye Scholer (moderator)Linda Sharp, associate general counsel, ZL Technologies

3:10 Coffee

3:40 Trade secrets in relation to commercialprivacy• Defend Trade Secrets Act 2015• How employers may benefit• Details of law and update on legislation• How this intersects with existing data, security privacyand employment law

James Herschlein, partner, Kaye Scholer (moderator)Sophia Lee, general counsel, IEX GroupJohn Glowatz, IP & trade secret investigative analyst, Merck

4:30 Close of forum

8.30 Breakfast

9:00 Introduction

9:10 Data breach crisis management• Dealing with media onslaught• Best practices to avoid or use• Assembling your response team; how to handle internaland external communications

• Arguments again class certification• Settlements to consider

Craig Newman, partner, Patterson Belknap Webb & Tyler(moderator)Maria Zanfini, VP & senior counsel, litigation, American ExpressHilary Lane, SVP, information governance, NBC Universal

10:00 US regulatory and legislative updates• Changes to existing laws (new data protectionregulation)

• Recent and proposed legislation at state and federallevels

• New California requirements including Online PrivacyProtection Act, breach notification requirements andDigital Privacy Rights for Minors

• FTC and commerce department data privacyframeworks

Michael Signorelli, partner, Venable (moderator)Inna Barmash, general counsel, Amplify Education

10:40 Coffee

11:10 EU and global update – implications leading into 2016• ECJ decision on the end of EU-US safe harbour• The new EU Data Protection Regulation and EU-USPrivacy Shield

• Important litigation and legislative changes in Canada• Other international developments• Implications for international business

Alex Cameron, partner, Fasken Martineau DuMoulin (moderator)Lisa Bevilacqua, VP/counsel, data privacy officer, Deutsche BankKelly DeMarchis, counsel, Venable

12:00 How to successfully manage class actionclaims and lawsuits• Recent case law; TCPA and CAN-SPAM in relation tomarketing text privacy

• Spokeo at the Supreme Court – will this make it easier forplaintiffs to bring lawsuits against Internet companies?

• Reverberations from the Target breach• Strategies for successful defense; maximizingpreventative work

• Best practices for handling litigation

Kristen Mathews, partner, Proskauer Rose (moderator)Cindy Randall, assistant general counsel, MicrosoftEric Friedberg, executive chairman, Stroz FriedbergBrendon Tavelli, executive director & assistant general counsel, JP Morgan ChaseMargaret Dale, partner, Proskauer Rose

Speaker Profiles

Craig A. Newman, partner, Patterson Belknap Webb& Tyler

Craig Newman is a recognized leader in bothcomplex financial litigation and globalcybersecurity. With more than twenty years as alitigation partner and General Counsel at both amulti-billion dollar international private equity firmand F500-owned media consortium, Craigrepresents Fortune 500 companies, their boardsand leadership teams. His clients also includeinvestment funds, professional service firms,nonprofit organizations, manufacturers,technology companies and insurancecompanies.

In his cybersecurity work, Craig represents clients in litigation, regulatoryand governance matters, and the management of risks associated withdata security practices and policies including data breach preparednessand response. He chairs Patterson Belknap’s Privacy and Data SecurityPractice and is a founding contributor to the firm’s blog,www.DataSecurityLaw.com. Craig also sits on the Bloomberg LawInnovation Advisory Board and the Editorial Board for the Lexis/NexisPrivacy & Cybersecurity Report, and appears regularly on national televisionincluding CNBC, CNN and Bloomberg, discussing cybersecurity and dataprivacy, and has written for The New York Times, The Washington Post, TheWall Street Journal and Financial Times.

Alex Cameron, partner, Fasken Martineau

Alex Cameron is a litigation Partner with FaskenMartineau and the Leader of the firm’s Privacy &Information Protection Group. He is recognizedas one of Canada’s leading lawyers in the areasof privacy, freedom of information and litigation.Alex is consistently sought out by clients from allindustry sectors, including numerous Fortune100 and 500 companies, in all aspects of privacylaw and information security. He has helpedclients to respond to data breaches involvingmillions of affected individuals. Alex has alsoreceived a doctoral degree in the field of privacy

law and a number of prestigious commissions from the Office of the PrivacyCommissioner of Canada. An accomplished litigator, he has acted as leadcounsel in landmark cases in his areas of practice, and before all levels ofcourt, including the Supreme Court of Canada.

Linda Sharp, associate general counsel, ZLTechnologies

Linda is associate general counsel to ZLTechnologies, a growing software manufacturerand cloud services provider. She has extensiveexperience in negotiating and drafting contractsfor on premise and cloud based offerings,domestic and abroad, including State andFederal government agreements as well as,reseller and partner channel contracts,trademarks, employment issues and anynumber of issues that arise. Her area of focus isin Information Governance/Management andeDiscovery. Linda is a member of the

Association of Corporate Counsel, ILTA, ARMA, and a Certified LitigationSupport Professional. She sits on the Boards of OLP and ACC’s InfoGovernance Committee, is a member of the California and WashingtonState Bars, and holds a Masters in Business Administration.

Cynthia Randall, assistant general counsel, Microsoft

Cynthia Randall is Assistant General Counsel atMicrosoft, where she handles class actions andother complex litigation including consumer,employment, antitrust and products liabilitymatters. Cindy has 20 years of class action andlitigation experience, including in-house roles atVerizon and Cigna, and law firm experience withDechert LLP and Saul Ewing LLP. Cindy is agraduate of Duke University and the Universityof Pennsylvania Law School.

Debra Romson, head of global privacy & seniorcompliance counsel, Jazz Pharmaceuticals

Ms. Bromson is Head of Global Privacy andSenior Compliance Counsel for JazzPharmaceuticals, Inc. In her role as Head ofGlobal Privacy, she is responsible fordeveloping and implementing the global privacyprogram for the company and advising on allprivacy-related matters, including cybersecurityissues. In her prior role as Senior CorporateCounsel for Jazz Pharmaceuticals, her primaryareas of responsibility were data security andprivacy, information technology contracting,product marketing, pharmacovigilance, and

managed markets, trade and distribution. Previously, Ms. Bromson wasSenior Counsel, Commercial and Privacy for AstraZeneca PharmaceuticalsLP where she had over 10 years of experience in the privacy area, includingacting as the first chief privacy officer in the United States.

Ms. Bromson received an A.B. in Economics from Cornell University, herJ.D. magna cum laude from Georgetown University Law Center, and anLLM in Taxation from New York University School of Law. She is a memberof the International Association of Privacy Professionals, and is thePharmaceutical Industry Subcommittee Chair of the Health Law Committeeof the Association of Corporate Counsel. Ms. Bromson also served for 10years on the Board of Directors of the International Pharmaceutical PrivacyConsortium.

John Glowatz, senior insider threat analyst, Merck

John Glowatz is a Senior Insider Threat Analyst -Americas Region on assignment with Merck-MSD (Via Pamir, LLC). In this role, John focuseson intellectual property and trade secretprotection and patient/customer data privacy.John is an attorney by training, having receivedhis Juris Doctorate and Certificate in IntellectualProperty Law from the University Of NewHampshire School Of Law (Franklin Pierce LawCenter). Prior to joining Merck, John worked intrademark enforcement and anti-counterfeitingfor DuPont Co. and did a practicum in Buenos

Aires, Argentina.

Speaker Profiles

Inna Barmash, general counsel, Amplify

Inna Barmash leads the legal team at Amplify, aneducation technology company based inDUMBO, Brooklyn. She has overall responsibilityfor all legal matters affecting Amplify, includingcommercial transactions, intellectual property,employment, mergers and acquisitions, andcompliance. She also leads the developmentand support of the company's data privacy andsecurity policies and has played an active role inshaping self-regulatory and policy efforts in theindustry in the area of student data privacy. Priorto joining Amplify, Inna was a corporate

associate at Ropes & Gray, representing clients in technology-drivencommercial and M&A transactions. She graduated from the CardozoSchool of Law, where she served as a deputy director of the SquadronProgram in Media Law, Society & Technology program. Inna holds a cumlaude degree in Computer Science from Princeton University and worked asa technology/management consultant prior to law school.

Hilary Lane, senior vice president, informationgovernance, NBCUniversal.

Hilary Lane is Senior Vice President, InformationGovernance at NBCUniversal. Hilary overseesInformation Governance, Privacy andeDiscovery. She is also responsible for patent,privacy, and technology related litigation. Prior toassuming responsibility for InformationGovernance, Hilary was SVP, Litigation,responsible for all aspects of litigation includingcopyright, idea theft, patent, defamation, access,and employment matters at NBCUniversal.

Hilary joined NBCUniversal in December2005. Prior to joining NBCUniversal she was a

litigator at Clifford Chance and Rogers & Wells.Hilary holds a Law Degree from Georgetown University Law Center, a

Masters Degree from Columbia University Graduate School of Journalism,and a Bachelors Degree from the State University of New York at Albany.

Sophia Lee, general counsel & corporate secretary,IEX Group

Sophia Lee is General Counsel and CorporateSecretary of IEX Group, Inc., which was featuredin Michael Lewis’ recent book “Flash Boys.”Sophia oversees all legal, securities andintellectual property matters of the business,including IEX’s patent portfolio. Sophia is alsomanaging the national securities exchangeapplication process for IEX. Sophia has 20 yearsof experience in the financial services industryand private law firm practice combined, advisingtechnology and financial services firms onstrategic partnerships, acquisitions, financings,

and intellectual property matters. Sophia was previously deputy generalcounsel of Liquidnet, where she established alternative trading systems inthe US, Canada and various countries in Asia Pacific and served as liaisonwith global regulators regarding equity market structure issues. Between2000 and 2004, Sophia served as associate general counsel at agency-onlybroker ITG. Sophia also spent 4 years as a mergers & acquisitionsassociate at Paul, Weiss, Rifkind, Wharton & Garrison and is a CFAcharterholder.

Seth Blinder, senior counsel, privacy & data protection,MasterCard

Seth Blinder is Senior Counsel, Privacy andData Protection at MasterCard Worldwide,where he provides privacy support to global,regional and local business units on dataprivacy compliance, industry best practices,corporate policies, contract drafting andnegotiation and implementing privacy by designfor product development and productexpansion. Seth also provides data privacysupport to MasterCard’s corporatedevelopment and M&A teams. Seth joinedMasterCard in 2013 as Global Prepaid Counsel

and moved to the Privacy and Data Protection team in 2014.

James Herschlein, partner, Kaye ScholerJames D. Herschlein is Co-Chair of KayeScholer’s Complex Commercial LitigationDepartment and recently completed two termsas a member of the firm’s Executive Committee.Jim is a nationally known litigator who hasrepresented some of the world’s largestorganizations in a variety of cases beforejudges, juries and arbitral bodies throughout theUnited States, focusing on product liabilitylitigation and complex commercial disputes.Jim’s trial experience also includes casesinvolving intellectual property, unfair competition,

real estate, securities and bankruptcy claims.Jim has substantial experience representing manufacturers in productliability lawsuits in state and federal courts, including the trial of individualclaims and the coordination of the nationwide defense and multidistrictlitigation proceedings of hundreds of cases arising from the recall ofmedical devices, pharmaceutical products and consumer products. Jimalso has directed prosecution and defense teams trying claims inconnection with a variety of business torts and commercial disputes.

Adam Golodner, partner, Kaye ScholerAdam Golodner is a partner in the Kaye ScholerWashington, DC office and leads the firm’sglobal cybersecurity and privacy group. Adamhas advised business, the White House,governments, and academia around the worldon crucial cyber security and privacy issues.

Among private practice lawyers, Adam has aunique history in the cyber security industry.Prior to joining Kaye Scholer in 2014, he was anexecutive at Cisco, where for nearly a decadehe drove its global cybersecurity and privacypolicy program.

In addition to his work at Kaye Scholer, Adam is a senior advisor at TheChertoff Group, the premier global advisory firm co-founded by the secondUS Secretary of Homeland Security, a fellow at the Center for DigitalStrategies at Dartmouth College Tuck School of Business, and a member ofthe Executive Committee of the Cyber Council of Business Executives forNational Security (BENS).

Speaker Profiles

Kelly DeMarchis, counsel, Venable

Kelly DeMarchis is counsel in Venable’sRegulatory Affairs Practice Group, where sheadvises and represents clients on issues relatedto privacy and e-commerce. Ms. DeMarchisconcentrates on U.S. and global personal dataprivacy issues. She has worked with clients onquestions related to global data privacy and,more recently, has advised clients on the ECJdecision on EU-US Safe Harbor and itsimplications. She has also provided advice tocompanies responding to data breach and hasextensive experience assisting clients in

becoming compliant with a number of U.S. privacy statutes, including statebreach notification laws, HIPAA, the Fair Credit Reporting Act and others.

Michael Signorelli, partner, Venable

Michael Signorelli is a partner in Venable’sRegulatory Affairs Practice Group, where headvises and represents clients on privacy andInternet-related issues. Mr. Signorelli counselsclients on advertising, marketing, and datasecurity related matters and represents clients infederal marketing-related legislation and othermatters before the Federal Trade Commission,Federal Communications Commission, and theU.S. Department of Commerce. Mr. Signorelliadvises clients with regulatory compliancematters and on developments regarding recent

legislation including the Controlling the Assault of Non-SolicitedPornography and Marketing Act (Can-SPAM), Telemarketing Sales Rule(TSR), and the Telephone Consumer Protection Act (TCPA). Mr. Signorellihas also been involved in matters related to Internet governance, crisismanagement, data breach notification requirements, and the developmentof self-regulatory programs.

Mr. Signorelli represents a wide variety of clients in privacy and consumerprotection related matters before federal and state regulators and federalpolicy makers.

Maria Zanfini, VP & senior counsel, litigation,American Express

Maria Zanfini is a former federal prosecutor andprivate practice attorney that has spent the last15 years in-house counseling global companiesin the areas of litigation, regulatory matters,privacy and ecommerce. Currently, she servesas Senior Counsel at American Express whereshe is responsible for implementing anddirecting strategy for complex litigation,government investigations and enforcementproceedings. She is a member of variousworking groups that develop, refine andimplement global strategies for privacy and

cyber security and data breaches. Previously, Ms. Zanfini served as Head of Litigation for a Connecticut-

based company that operated several direct-to-consumer online marketingbusinesses where she was responsible for all complex litigation, managedgovernment investigations and enforcement actions, and advised thecompany on privacy, data security, corporate governance, and marketing,advertising and ecommerce.

Kristen Mathews, partner, Proskauer Rose

Kristen J. Mathews is head of the Privacy &Data Security Group and a member of theTechnology, Media & Communications Group.Kristen focuses her practice on technology, e-commerce and media-related transactions andadvice, with concentrations in the areas of dataprivacy, data security, direct marketing andonline advertising. She regularly advises clientson a wide range of matters, including privacyand data security compliance, customerauthentication, responding to data securitybreach incidents, preparing privacy and data

security policies, data profiling, behavioral marketing, open source softwareissues, financial privacy, children’s privacy, international privacy, health careprivacy, identity theft prevention, geolocational privacy, mobile marketing,social networking, payment card data security and telematics. Kristen hasbeen ranked for multiple years by Chambers USA, Chambers Global andLegal 500 as a top lawyer in the Privacy and Data Protection space who"stays current with the most cutting-edge issues and is incrediblyresponsive" and for her "extensive knowledge" and "excellent services."

Margaret Dale, partner, Proskauer Rose

Margaret Dale is a Partner in the LitigationDepartment and is resident in the New Yorkoffice. Her practice focuses on complexcommercial disputes, privacy and data security,corporate defense and investigations, andsecurities litigation and enforcement. Shelitigates cases and argues appeals in state andfederal court, and handles proceedings beforemediators and arbitrators. Margaret is afrequent speaker on various topics, includingprivacy and data security. She has spoken atProskauer's annual Privacy Conference and

Women's Law Forum. Margaret is consistently ranked as a leading lawyerby publications such as Legal 500 and New York Super Lawyers.

Lisa Bevilacqua, VP/counsel, data privacy officer,Deutsche Bank

Ms. Bevilacqua is an established legalprofessional and licensed attorney (IL Admitted)with 18 years of experience in litigation andlitigation management. She currently serves asUS DPO VP/Counsel for Deutsche Bank AGNew York.

Previously with Xerox, Ms. Bevilacqua servedas Strategic Accounts Manager, where she wasa high-level eDiscovery strategic consultant forthe global technology firm.

Ms. Bevilacqua’s career was previouslyconcentrated in the insurance industry as Legal

Counsel/Litigation Manager for insurers such as Zurich North America andAmerican Family Mutual Insurance. She has dealt with global data privacyissues and concerns from all aspects including litigation and regulatoryinvestigations, internal investigations, IP and technology agreements andcontracts, and eDiscovery.

Speaker Profiles

Eric Friedberg, executive chairman, Stroz Friedberg

Eric Friedberg is Executive Chairman of StrozFriedberg, a global investigations, intelligence,and risk services firm. Mr. Friedberg is aseasoned executive with 30 years of public andprivate sector experience in law, cyber-crimeresponse, IT security, forensics, investigationsand e-discovery. His expertise is sought byboards, audit committees, law firms, and thecourts, and he has helped many Fortune 500companies improve their governance andresilience. Prior to his tenure at Stroz Friedberg,Mr. Friedberg was an Assistant U.S. Attorney for

eleven years in the U.S. Attorney’s Office for the Eastern District of New York,serving as the lead cyber-crime prosecutor, the Chief of Narcotics, andSenior Litigation Counsel. Before his government career, he was anassociate at the New York law firm Skadden, Arps, Slate, Meagher & Flom,in the intellectual property and securities litigation departments. Mr.Friedberg has a J.D. from Brooklyn Law School and a Bachelor’s of Artsfrom Brandeis University.

Brendon M. Tavelli, executive director & assistantgeneral counsel, JPMorgan Chase & Co.

Brendon Tavelli is an Executive Director, AssistantGeneral Counsel in the Legal Department ofJPMorgan Chase & Co., based in Washington,DC. In that role, he is responsible for advisingthe various lines of business and corporatefunctions in respect of privacy laws in the UnitedStates, Canada, and the Caribbean. With aspecial emphasis on the handling of personalinformation, Brendon regularly interfaces withinternal stakeholders across the firm on theprivacy and information security components ofproduct development and launch, policies and

procedures, training, contracts, customer disclosures, and other matters. Prior to joining JPMorgan, Brendon was a Litigation associate in the

Privacy & Data Security Practice Group of Proskauer Rose LLP. While atProskauer, Brendon counseled clients across industry sectors on a widevariety of matters related to federal and state privacy and data securityobligations.

Brendon graduated from the University of Pennsylvania with a degree inBiomedical Science, and received his law degree from The GeorgeWashington University Law School. While at GW, he served as theExecutive Managing Editor of the American Intellectual Property LawAssociation (AIPLA) Quarterly Journal. Brendon also holds a CIPP/UScertification from the International Association of Privacy Professionals.

James Koenig, of counsel, Paul Hastings

James “Jim” Koenig is of counsel in the Privacyand Cybersecurity practice at Paul Hastings andis based in the firm’s New York office. Mr. Koenighas a business, technology, and legalbackground and is a recognized authority onprivacy, cybersecurity, Internet of Things anddata management issues.

•Over the last five years, he has representedglobal clients in the financial services, retail,pharmaceutical/healthcare, cable,telecommunications, car rental, airline, socialmedia, technology, and manufacturing

industries, including 35% of the companies currently in the Fortune 100.

• Mr. Koenig was a co-founder of the International Association of PrivacyProfessionals (IAPP), and was named to National Law Journal’sinaugural list of Cybersecurity Trailblazers in December, 2015.

Prior to joining Paul Hastings, Mr. Koenig built and globally led the privacypractice and co-led the security, cybersecurity/incident response and datamanagement practices at PricewaterhouseCoopers and Booz Allen – twoglobal consulting firms. Drawing on his experience and reputation withregulators, Mr. Koenig regularly advises companies on compliancepractices and through regulatory investigations, including having served asthe lead subject matter expert designing security, Internet of Things, privacyand business solutions in a number of the recent high-profile FTC and OCRenforcement proceedings involving social media, mobile, and healthcarecompanies.

He is also a named inventor or co-inventor on six patent applicationsrelating to security and privacy-enhancing technologies.