Live Webinar
Live Webinar
1:00PM - 2:00PM EDT
  • Description

    It is critical for businesses, regardless of their size, to comply with state, federal and foreign privacy laws and regulations. These will govern a company’s procedures including data collection, storage, use, sharing and disposal with regards to personally identifiable information (PII), personal health information (PHI) and payment card information (PCI).

    A company that fails to adhere to privacy guidelines, even inadvertently or unknowingly, or to disclose its procedures, are simply offering themselves as a target for regulatory proceedings and civil class actions, as well as causing irreparable damage to the company’s reputation.

    Between government regulators and class action attorneys targeting non-compliant organizations, customers conducting audits of their clients’ and partners’ adherence and ransomware threats to security, it is critical to adopt and maintain the highest level of standards.

    This CLE course will review this area in-depth, explaining the many threats, the actors and tips and strategies to avoid potential pitfalls.

  • Instructor Bio

    Richard Bortnick

    Richard Bortnick is an industry-renowned problem solver who litigates and counsels U.S. and international insurers and corporations on cyber, privacy and technology risks and exposures; directors & officers liability; insurance coverage; products liability; and commercial litigation matters. In addition, Rick drafts insurance policy forms of varying types, including those covering cyber/ privacy/ technology risks and exposures, and serves as an expert consultant on cyber insurance matters involving the historical existence and scope of cyber insurance products.

    For nearly 20 of his 36-year legal career, Rick has served as a trusted adviser to public and private entities of all sizes on their privacy, cyber and technology risks, and he has trained hundreds of business executives and others on their commercial and legal responsibilities. Rick began his career as a commercial litigator in the antitrust and securities laws sectors and as an insurance coverage attorney handling disputes of all natures, products and subject matters. As such, he has a broad range of experience in corporate and litigation matters that enables him to counsel clients on a full suite of their business needs.

    Rick has authored numerous treatise chapters, white papers and articles and regularly presents webinars and seminars on privacy, cyber and D&O for clients and the public at large.

    Rick has vast experience handling privacy and cyber matters across a myriad of sectors and disciplines. His clients include municipalities, merchants, service providers, professionals such as attorneys and accountants, hospitality providers, technology companies and others. For almost 20 years, Rick has advised clients on the preparation of pre- and post-incident privacy and breach response plans, policies and procedures, and handled breaches involving ransomware, hacking, employee negligence and malfeasance, and other threat actors and vectors. He has successfully defended class actions against entities across all classes of business, and is a trusted adviser to his clients’ management privacy and incident response teams as an outside expert consultant. Clients look to Rick for sound, sage advice and counseling to protect their capital and financial interests and reduce their exposures arising from a threatened, potential or actual privacy, technology and/or cyber incident.

    Since 1990, Rick has handled directors & officers liability and insurance coverage claims, and was counsel to a consortium of European insurance companies on what was then the biggest non-U.S. D&O lawsuit in history. His track record of success in defending his clients’ interests in both litigation and alternative dispute resolution proceedings has positioned Rick among the best-known, most highly respected D&O insurance attorneys in the country and in Europe. Rick also assists his public company clients with the preparation of their 10-Ks when cyber issues must be addressed.

    Rick has counseled and defended insurance and reinsurance company clients since 1990, having handled hundreds of coverage matters involving professional liability, general liability and other insurance policy forms and endorsements. He has drafted and co-drafted insurance policies crossing all sectors, risks and exposures, including more than 20 cyber policies for insurers across the world. Rick’s clients recognize his keen eye for detail and precision in avoiding coverage disputes and litigation. To the point, no insurance coverage litigation has ever arisen from a policy Rick drafted or co-drafted.

    Jana Farmer

    Jana Farmer is a partner in Wilson Elser’s New York Metro offices, having joined the firm in 2006. She chairs the firm's Art Law practice, and is a member of the firm’s Intellectual Property and Technology Practice, as well as its Privacy and Web Accessibility sub practices. Ms. Farmer has diverse industry and subject matter experience, and advises clients on building compliance programs, with a focus on consumer privacy laws. She prepares global privacy policies, terms of use, terms of sale and terms of service for websites and applications. She has extensive experience with a wide range of federal, state, and international privacy laws, regulations, and standards. Ms. Farmer represents clients in connection with regulatory inquiries and is an experienced civil litigator.

    In the Art and Technology space, in addition to handling traditional art-related matters, such as acquisition, sale, provenance, licensing, loaning, exhibiting and transporting art, Ms. Farmer focuses on the development, acquisition, licensing and exploitation of intellectual property, including in transactions involving blockchain technology and non-fungible tokens (NFTs). She combines her knowledge of the art market practices with substantial experience in the development and licensing of software, technology development and collaboration arrangements, and content licensing agreements. She also regularly advises clients on intellectual property and data sharing issues in connection with corporate transactions, including mergers and asset purchases.

    Ms. Farmer’s experience includes negotiating and documenting complex services agreements, multi-party asset purchase and custody agreements, licensing arrangements and art-and-technology-related joint ventures and strategic alliances.

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