Baird Holm’s 2021 Technology and Data Protection Forum
From 10/28/2021 8:00 am until 10/28/2021 5:00 pm
Baird Holm’s 2021 Technology and Data Protection Forum
Baird Holm’s Technology and Data Protection Forum is an educational offering for our clients and guests that highlights current and emerging information on privacy and data security issues faced by all companies and provides practical insights about how to successfully navigate them. This year, Baird Holm is excited to host its Technology and Data Protection Forum in-person and online. Of course, the safety of our guests, staff, and attorneys remains our top priority and we will continue to look to the CDC and other authorities for guidance as the Forum draws closer. We will promptly notify you if our plans change.
Thursday, October 28, 2021
Check-In: 8:00 – 8:45 a.m.
Welcome & Introduction: 8:45 a.m.
Event: 9:00 a.m. – 4:00 p.m.
Reception: 4:00 p.m. – 5:00 p.m.
10220 Regency Circle
Omaha, NE 68144
$249 for non-clients
FREE for clients
As space is limited, please register by Friday, October 15, 2021.
If you have questions, please contact Kristen at firstname.lastname@example.org.
Continuing Education Credits:
This event is pending approval for the following continuing education credits:
- NE MCLE
- IA CLE
- CCB CEUs by The Compliance Certification Board
- CPEs by the International Association of Privacy Professionals
8:00 – 8:45 a.m. | Check-In
9:00 – 10:00 a.m. | Privacy 20/20
Grayson J. Derrick & AriAnna C. Goldstein
Gray Derrick and Ari Goldstein kick things off by examining the activity in the privacy world over the last two years, as several states have adopted their own privacy laws, giving consumers greater rights in their own personal information. With more states passing their own legislation, compliance is quickly becoming more and more complex as companies begin to navigate the patchwork of laws. This session will also recap current legislative efforts at the federal level and advocacy efforts on the industry front that could ultimately lend uniformity to compliance.
10:00 – 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 those who call or text consumers (or hire others to do so). Now the trend has made its way to Nebraska, with 16 such cases filed in the US District Court for the District of Nebraska in 2019 and 2020. With rapid advances in technology, new questions continually arise as to what the TCPA covers. Allie Balus and Krista Eckhoff will explain the basics of what the TCPA requires and to whom it applies. This session will also address trends in TCPA lawsuits, interpretation questions pending before courts and the FCC, and the recent Supreme Court ruling in Facebook v. Duguid addressing the definition of ‘automatic telephone dialing system.’
10:45 – 11:00 a.m. | Break
11:00 – 11:45 a.m. | Who’s Logging On? Legal and Compliance Challenges Presented by Consumer Authorization of Data Sharing
Eli A. Rosenberg, Vickie B. Ahlers & Kelli P. Lieurance
As the competition for consumer attention and dollars increases, financial services apps and providers are increasingly turning to technology to gain a competitive advantage. One of the emerging tools these providers are using to gain this advantage is obtaining authorization from a consumer to access his or her existing bank, employer, and lending accounts in order to automate the service provider’s onboarding process and increase consumer convenience.
This means, however, that with a few key strokes, your employees, contractors, and customers may be giving away the credentials they use to access your data systems, leading to a host of potential data security and privacy concerns. Vickie Ahlers, Kelli Lieurance, and Eli Rosenberg will provide an overview of the issue with key examples. They will also discuss the challenges presented by this developing technology, the current legal landscape, and what, if anything, employers can do to prevent it.
11:45 a.m. – 12:00 p.m. | Grab Your Lunch
12:00 – 1:00 p.m. | Lunch and Learn
Moderated by Vickie B. Ahlers
Our panel will field questions from the audience on any data privacy, security, or technology law topic.
1:00 – 1:15 p.m. | Break
1:15 – 2:00 p.m. | The Company You Keep – Are Your Vendors the Weakest Link?
Michael W. Chase & Patrick M. Kennedy
In today’s environment, technology infrastructure and security programs rely heavily on the services of third-party vendors. You might know the security risks and vulnerabilities lurking within your own organization, but what do you know about the skeletons in your vendors’ closets? Do you want to know? Michael Chase and Patrick Kennedy will discuss practical tips for protecting your organization when vendor security issues are identified. They will also share their experiences dealing with and mitigating third-party vendor security risks from both a contractual perspective and an operational standpoint, and will explore the advantages and disadvantages of conducting third-party vendor risk assessments.
2:00 – 3:00 p.m. | Hot Topics
Biometric Law Update
Jill Robb Ackerman
Biometric privacy laws’ rapid development is creating new litigation risks for companies. Being aware of these developments is a key step in minimizing risk as your company expands its use of biometrics.
Copyright Alternative in Small-Claims Enforcement Act
Nicholas F. Miller
Historically, federal courts have had exclusive jurisdiction over copyright, but it is expensive and complex to navigate a case through the federal court system, making it difficult for most small businesses to enforce their rights against infringement. We’ll take a look at the small claims tribunal created by the CASE Act that provides a voluntary alternative to federal court.
Legal Issues with Drone Delivery
Chandler D. Gall
Technology drives consumer demand for immediate access to products. To accommodate consumer demands, businesses have started to utilize drones as a delivery method. As a consumer you may see the benefits of drone delivery, but do you know the risks? What does it or its pilot see and record? Chandler Gall will discuss the growing demand for drone delivery into areas such as prescriptions and consumer products while shedding light on risks to privacy and your rights.
Executive Order Addressing Data Privacy
Grayson J. Derrick
On July 9, 2021, President Biden signed an Executive Order titled “Promoting Competition in the American Economy.” Following other federal and state lawmakers, this Executive Order is the latest attempt to address how companies use and collect consumer data.
Employee Vaccination Status, Proof of COVID Testing, and More – Privacy Implications for Employers (a/k/a It’s Not a HIPAA Violation!)
Kelli P. Lieurance
While it may not be a HIPAA violation as the media has widely reported, businesses requiring proof of an employee’s vaccination status or COVID testing have privacy/confidentiality considerations under other federal laws. Kelli Lieurance will discuss the privacy/confidentiality requirements for employers in asking employees for personal information related to COVID.
3:00 – 3:15 p.m. | Break/Bar Opens
3:15 – 4:00 p.m. | Very Funny 2020, Now Give Me Back My Cybersecurity
Robert L. Kardell
The past 18 months have caused many changes in way people are working, businesses are operating, and in the ways computers are being used. The changes have also created opportunities for cyber attackers. The changes have exposed new vulnerabilities in systems, new attack vectors, and new legal issues. This session will review and explore the changes in cyber-attacks over the past month by reviewing attack and reporting statistics, new attack vectors, new vulnerabilities, and successful techniques in minimizing the severity of a breach, and legal issues that may arise.
4:00 – 5:00 p.m. | Forum Concludes/Drinks & Appetizers