Financial Services Part III: Data Privacy and Digital Accessibility Under the ADA

(188 Ratings)

Produced on: June 15, 2015

Course Format On Demand Audio

Taught by

Categories:

Course Description

Time 62 minutes
Difficulty Intermediate

This course combines two data technology issues of significance for financial services employers. Financial services companies are prime targets for cyber hackers, both local and international. 

 

In Part III of this Financial Services curriculum, the attorneys of Epstein Becker’s financial services strategic industry group discuss the government's regulatory and supervisory role in those companies' efforts to protect their highly sensitive data, and the ramifications when those efforts fall short.  In addition, the course includes a discussion of the impact of accessibility laws on the use of technology, with a specific focus on external websites and the use of touchscreen devices.

 

Learning Objectives:

I.     Comprehend the current legal landscape in connection with data privacy 

II.    Understand the consequences of data breaches 

III.   Recognize the importance of accessibility to digital technology for all customers

Faculty

John F. Fullerton III

Epstein Becker Green

JOHN F. FULLERTON III is a Member of the Firm in the Labor and Employment practice, in the New York office of Epstein Becker Green. He has substantial experience serving clients in the financial, health care, sports, real estate, and building service industries.

Mr. Fullerton:

  • Represents employers in Sarbanes-Oxley and Dodd-Frank whistleblower compliance and litigation defense
  • Represents employers in litigation, arbitration, and mediation matters concerning discrimination, wage and hour, restrictive covenant/non-compete, and wrongful termination claims
  • Counsels employers on workplace issues, including hiring and promotion, firing and discipline, wage and hour, and the implementation of employment policies, to ensure compliance with federal and state laws
  • Counsels clients on drafting all types of employment, consulting, and separation agreements
  • Represents clients in labor relations and collective bargaining
  • Provides corporate transactional advice on labor and employment issues
  • Mr. Fullerton has represented all four major sports leagues over the course of his career. In February 2014, he successfully represented the Cleveland Indians in salary arbitration with relief pitcher Vinnie Pestano. 

Since 2004, Mr. Fullerton has been an adjunct professor of law at Pace University School of Law, where he has taught classes in labor law and advanced appellate advocacy and served for nine years as the faculty advisor to the law school's National Moot Court team. A frequent lecturer, Mr. Fullerton has authored numerous articles on labor and employment topics for various publications, including The National Law Journal, The New York Law Journal, The Labor Lawyer, Employment Law360, Real Estate Weekly, Corporate Counsel, and Dispute Resolution Journal. He has also authored the book Employment Separation Agreements Line by Line: A Detailed Look at Employment Separation Agreements and How to Change Them to Meet Your Clients' Needs, published by Thomson West in 2011. He edits and contributes to the Financial Services Employment Law Blog and serves as coeditor of the firm's Act Now Advisories.

Mr. Fullerton is a graduate of Brown University and New York University School of Law, where he was editor-in-chief of the Moot Court Casebook and a recipient of the New York Council of Defense Lawyers' Norman Ostrow Scholarship. Following graduation, he clerked for the Hon. Allyne R. Ross of the U.S. District Court for the Eastern District of New York.

 Mr. Fullerton has been selected for inclusion in The Best Lawyers in America (2007 to 2014) and New York Super Lawyers - Metro Edition (2007 to 2013). He is described as an "expert in labor union law" in the 2006 edition of Chambers USA: America's Leading Lawyers for Business.


MEMBERSHIPS

  • American Bar Association, Labor and Employment Law Section
  • New York State Bar Association, Labor and Employment Law Section
  • SIFMA Compliance & Legal Society
  • Society for Human Resource Management

BAR ADMISSIONS

Massachusetts

New York

COURT ADMISSIONS

Supreme Court of the United States

U.S. Court of Appeals for the Second Circuit

U.S. District Court, Eastern District of New York

U.S. District Court, Southern District of New York

EDUCATION

J.D., New York University School of Law, 1994

B.A., Brown University, magna cum laude, 1988

Anthony J. Laura is a Member of the Firm in the Litigation and Labor and Employment practices, in the Newark office of Epstein Becker Green.

Mr. Laura's experience includes:

  • Representing financial services industry clients (such as banks, mortgage lenders, and servicers) in the defense of both individual and putative class action lender liability suits, with a particular emphasis on consumer class action litigation and the defense of claims for predatory lending, deceptive practices, statutory consumer lending violations, and data privacy issues
  • Counseling and litigating for employers across the spectrum of employee relations matters, particularly on the enforcement of restrictive covenants, non-competes, and non-solicitation agreements
  • Handling the defense of discrimination and wrongful discharge claims in state and federal courts
  • Defending manufacturers, pharmaceutical companies, and medical device makers in product liability and complex commercial matters, including class actions, multidistrict litigation (MDL), mass torts, and claims for unfair business practices
  • Representing clients in litigation regarding securities fraud, shareholder disputes, and challenges to mergers and acquisitions
  • Mr. Laura has received an "AV Preeminent" Peer Review Rating by Martindale-Hubbell, signifying the highest level of professional excellence. He has also been selected for inclusion in New York Area's Top Rated Lawyers (2012 to 2014).

Prior to joining Epstein Becker Green, Mr. Laura was a Partner in the New Jersey office of a large international law firm, where he focused on financial services and commercial litigation, employment law, government response and investigations, litigation and dispute resolution, toxic torts, and products liability matters. Before that position, Mr. Laura was a Partner at a top-15 international law firm and served as head of the firm's New Jersey Trial Practice Group.


Representative Matters

  • Represented a Fortune 500 chemical manufacturer in its nationwide defense of asbestos personal injury suits, and represented the manufacturer's wholly-owned medical device subsidiary in its defense of breast implant personal injury suits
  • Served as regional counsel for a medical device maker and its subsidiary in personal injury suits and complex commercial litigation
  • Was the lead attorney supervising team of more than 30 lawyers handling all aspects of the legal review of a major U.S. financial institution’s foreclosure and servicing practices in a governmental investigation initiated by the Office of the Comptroller of the Currency
  • Defended New York City and its contractors against toxic tort claims arising from the response actions at the World Trade Center site after 9/11
  • Served as Eastern U.S. counsel for major business-to-business office products company in its restrictive covenant and other employment litigation matters
  • Represented a major U.S. bank in obtaining the dismissal—later affirmed by the U.S. Court of Appeals for the Third Circuit—of consumer financial services class action RICO, antitrust, and consumer fraud claims arising from purported manipulation of the Prime Rate; this is a seminal Third Circuit case imposing FRCP 9(b)'s particularity requirements to antitrust claims based on allegations of fraud
  • Obtained a forum non conveniens dismissal of contract and tort claims against an Italian pharmaceutical company
  • Prosecuted to a successful settlement a Rule 10(b)(5) securities litigation against a company and its board over the forced redemption of a special class of the company's shares acquired through the sale of plaintiffs' interests in one of the world's largest known nickel deposits
  • Obtained the dismissal of a $500 million claim against a Swiss bank based on the alleged aiding and abetting of securities fraud
  • Obtained the dismissal of putative class action claims of consumer fraud arising out of a client's mortgage lending practices
  • Obtained a jury verdict for a defendant-hospital on the plaintiff's $8 million contract claim regarding critical care ambulance services
  • Obtained summary judgment on claims of fraud and breach of contract arising from the defendant-client's acquisition of an office products business
  • Obtained the dismissal of a putative class action alleging fraud and misrepresentation in connection with the billing practices of a major U.S. health care provider
  • Obtained the dismissal (and an award of sanctions against the plaintiff) on breach of contract and misrepresentation claims in connection with a partnership dispute

Joshua A. Stein

Epstein Becker & Green

Joshua A. Stein is a Member of the Firm in the Labor and Employment practice and co-chairs the firm's ADA and Public Accommodations Group, in the New York office of Epstein Becker Green. Mr. Stein’s practice focuses on advising businesses on compliance with all aspects of the Americans with Disabilities Act (“ADA”), including the ADA Amendments Act of 2008, the 2010 ADA Standards for Accessible Design, and Sections 504 and 508 of the Rehabilitation Act of 1973 (“Rehabilitation Act”), as well as the Family Medical Leave Act (“FMLA”). He represents clients from numerous industries, including sports and entertainment, retail, cruise line, hospitality and lodging, financial services, publishing, media, and health care.

 

Mr. Stein:

  • Counsels clients on employment law issues, including, but not limited to, ADA/FMLA compliance, accessibility of public accommodations and technology, leave laws, employee discipline, separation and discharge, and harassment
  • Defends employers in lawsuits brought in court alleging violations of all aspects of the ADA, the Rehabilitation Act, the FMLA, and/or equivalent state and local laws; employment discrimination; failure to accommodate or provide leave; lack of accessibility; employee discipline and discharge; breach of contract; unfair competition; fraud; defamation; age, race, sex, and national origin discrimination and harassment; tortious interference; and other employment issues
  • Represents clients facing charges at the New York City Commission on Human Rights, New York State Division of Human Rights, and U.S. Equal Employment Opportunity Commission, and in investigations commenced by government regulators, such as the U.S. Department of Justice and offices of State Attorney Generals
  • Conducts on-site and plan-based reviews of brick-and-mortar facilities and technology for compliance with the ADA and equivalent state and local laws and codes, as well as reviews and analyses of accessible security pricing and dispersal for places of public assembly, such as stadiums, arenas, and theaters
  • Handles multifaceted audits determining the accessibility of client websites
  • Interacts with clients’ contractors and vendors regarding compliance issues, and develops and drafts accessibility policies and contract language
  • Negotiates, drafts, and reviews separation, settlement, employment, and confidentiality agreements
  • Drafts and reviews workplace policies, handbooks, and standard agreements
  • Represents clients at industry group meetings and participates in the federal government’s regulatory process relating to the development of new accessibility and leave laws
  • Conducts arbitrations, administrative law judge hearings, and employment-dispute mediations before private arbitrators and mediators, government agencies, and the courts
  • In addition, Mr. Stein has written about, spoken on, and conducted training on issues pertaining to the ADA, FMLA, Rehabilitation Act, disability discrimination, the accommodation process, access to public accommodations, and best practices.

 

Prior to joining Epstein Becker Green, Mr. Stein was both a Senior Counsel in the Labor & Employment Department and the Co-Head of the Accessibility & Accommodations Group of a global law firm.

Reviews

CJ
Christopher J.

Another good CLE from this series.

RS
Robert S.

Anthony J. Laura and Joshua A. Stein were exceptionally knowledgeable and fluid in their presentations. Excellent job!

AH
Anna H.

This is one of the most interesting and informative CLE programs I've watched.

JB
John B.

I enjoy this group of panelists

ME
Melissa E.

Good class!

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