2020 Technology & Data Protection Forum

THURSDAY, APRIL 2, 2020 • 9:00 A.M. – 4:00 P.M.

Registration opens at 8:00 a.m.

Please join us for the 2020 Technology & Data Protection Forum with reception to follow.
Cost: $249; complimentary for current Baird Holm clients and other invited guests.

As space is limited, please register by Friday, March 20, 2020.

For questions, please contact Kristen Belford at 402.636.8356 or kbelford@bairdholm.com.

AGENDA

8:00 a.m. – 8:45 a.m.
Registration and Continental Breakfast

8:45 a.m. – 9:00 a.m.
Welcome and Introduction – Vickie B. Ahlers and Grayson J. Derrick

9:00 a.m. – 10:00 a.m.
Privacy 20/20 – Grayson J. Derrick and AriAnna C. Goldstein

Gray Derrick and AriAnna Goldstein look to uncover the truth behind federal and state privacy laws. Our first investigation will look at the California Consumer Privacy Act (CCPA), looking at the nitty-gritty of how the CCPA affects business and reviewing the compliance trends in the industry. The only certain thing about our CCPA investigation is that we can expect uncertainty in our findings.

Next, we examine CCPA copycats. Several states introduced copycat legislation in 2019 and some states like Nevada even passed legislation. We will review the M.O. of these copycat laws and look at the alternative motives they show as compared to the CCPA. Finally, we will give you the rap sheet on states that have introduced privacy legislation in 2020. Be on the lookout for Nebraska on this list!

Finally, we’ll conclude with the usual suspect, Congress, and give you an update of what it has been up to on the privacy front over the last year. You might be surprised at what we’ve uncovered.

10:00 a.m. – 10:45 a.m.
TCPA Litigation – Plaintiffs’ Lawyers Won’t Stop Calling – Allison D. Balus, Krista M. Eckhoff

Class action lawsuits under the Telephone Consumer Protection Act (TCPA) have been a litigation hotbed in other regions of the country for years, against telemarketers and the third parties who hire them. Now the trend has made its way to Nebraska, with 12 such cases filed in the US District Court for the District of Nebraska in 2019. With rapid advances in technology, new questions continually arise as to what the TCPA covers. Our panel of litigators will explain the basics of what the TCPA requires and to whom it applies. This session will also address trends in TCPA litigation, interpretation questions pending before courts and the FCC, and recent legislation that has created new requirements and stricter penalties for non-compliance.

10:45 a.m. – 11:00 a.m.
Break

11:00 a.m. – 11:45 a.m.
Artificial Intelligence and the Future of Privacy – AriAnna C. Goldstein and Guest Speaker Jim O’Connor

Advances in technology have sparked a wave of artificial intelligence (A.I.) hype across several industries. While we might be years away from the artificial intelligence capabilities we see in sci-fi movies, A.I.’s role in our society is rapidly growing due to the abundance of data on just about anything and anyone. A.I. is already analyzing data for a myriad of uses, such as for marketing, medical diagnoses and treatment, and biometric identification. While many of these functions are technological advancements intended to provide helpful services and to improve efficiency and accuracy in complex fields, they simultaneously raise important concerns about individual privacy in that the same data that can be used to make life easier can also be used to track, monitor, and profile individuals, oftentimes without the individuals’ knowledge. AriAnna Goldstein and Jim O’Connor will provide background on A.I., describe the current regulatory environment as it relates to A.I., identify potential risk areas, and outline some of the best practices and practical considerations when implementing and using A.I.

11:45 a.m. – 12:00 p.m.
Grab Your Lunch

12:00 p.m. – 1:00 p.m.
Hot Topics Café

What’s on the menu? We are delighted to serve you a fast-paced, locally-sourced (by our own collection of Baird Holm attorneys!) smorgasbord of bite-sized privacy, security, and technology issues, guaranteed to have something for everyone.

Do I Need to Add Braille to My Gift Cards – Eli A. Rosenberg
Ding! Your Video Doorbell’s Ready . . . To Surveil – Robert L. Kardell
Half-Baked Schemes from the World of Employment – Kelli P. Lieurance
We Know What You Ate Last Summer . . . Actually We Know What You Ate This Morning: Re-identification of De-identified Information – Abby T. Mohs
Freaky Fast Delivery…by Drone? Legal Issues with Drone Delivery – Kimberly A. Lammers

1:00 p.m. – 1:15 p.m.
Break

1:15 p.m. – 2:00 p.m.
The Company You Keep – Are Your Vendors the Weakest Link? – Vickie B. Ahlers and Eli A. Rosenberg

In today’s environment, technology infrastructure and security programs rely heavily on the services of third parties. You may know the security risks and vulnerabilities lurking within your own company, but what do you know about the skeletons in your vendors’ closets? Do you want to know? Vickie Ahlers and Eli Rosenberg will explore the pros, cons, and risks of conducting third-party vendor risk assessments and some steps to protect your organization when security issues are identified.

2:00 p.m. – 2:45 p.m.
The 2020 Tech Threat Trends – Robert L. Kardell

While you’ve heard it all before, cyber security threats continue to increase and your company could be the next target. Businesses must be aware of the current threats and the increasing costs associated with those threats. Bob Kardell will discuss the current cyber threats, the costs to your organizations, and some of the basic steps to take to prevent cyber intrusions. He will also review the latest cyber breach statistics as reported to the Nebraska Attorney General’s office.

2:45 p.m. – 3:00 p.m.
Break

3:00 p.m. – 4:00 p.m.
Lessons Learned from Video Games – Matt Geiler, with Krista M. Eckhoff and Grayson J. Derrick moderating

Grab a drink and join us for a conversation with Matt Geiler, Omaha’s very own Dancing Pumpkin Man, about his legal battle with Epic Games regarding use of his likeness and killer dance moves in their Fortnight video game. As we hear Matt’s story, we’ll discuss about how video game developers are profiting off the use of an individual’s likeness and discuss the lessons Matt has learned through this process.

4:00 p.m. – 5:00 p.m.
Adjourn and Reception

Continuing Education Credit

This forum is pending approval for:

CLE credit by the Nebraska Mandatory Continuing Legal Education Commission
CLE credit by the Iowa Supreme Court Commission on Continuing Legal Education
Group A CPE credits by the International Association of Privacy Professionals (IAPP) certification. Attendees will need to self-report their credits.
CCB CEUs by The Compliance Certification Board (CCB). Continuing Education Units are awarded based on individual attendance records. Granting of prior approval in no way constitutes endorsement by CCB of this program content or of the program sponsor.