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The Latest on Cybersecurity, Data Loss Prevention, and Data Breach Litigation

(193 reviews)

Produced on August 17, 2016

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Course Information

Time 91 minutes
Difficulty Intermediate

Course Description

There is no greater challenge in business today than in protecting your data. To paraphrase an increasingly popular quote, there are two kinds of companies in business today—those who know they’ve been hacked, and those who’ve been hacked and don’t know it. This course, presented by Anthony Laura and Brian Cesaratto of Epstein Becker Green, addresses two natural questions of the day: what can a business do to secure its data, and what are the ramifications, whether regulatory or in litigation, of a data breach?

Security threats come from many angles—governmental espionage, unscrupulous competitors, identity thieves, and even the garage computer junkie. What measures can be taken to minimize this persistent risk? What safeguards do regulators suggest or insist upon? To what standards will courts hold you under common law and state statutes?

If you are alerted that your data has been breached, many jurisdictions impose upon your company an obligation to report the breach. What steps in addition to that can be taken to minimize the scope of the breach, and to minimize your company’s liability for the breach?



Learning Objectives:
  1. Incorporate best practices for data security
  2. Understand the variances in state data breach laws
  3. Identify industry and regulatory data security standards
  4. Recognize the development of case law on data breaches

Credit Information

After completing this course, Lawline will report your attendance information to {{ accredMasterState.state.name }}. Please ensure your license number is filled out in your profile to ensure timely reporting. For more information, see our {{ accredMasterState.state.name }} CLE Requirements page . After completing this course, {{ accredMasterState.state.name }} attorneys self-report their attendance and CLE compliance. For more information on how to report your CLE courses, see our {{ accredMasterState.state.name }} CLE Requirements FAQ .

Faculty

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


Brian Cesaratto

Epstein Becker & Green, P.C.

Brian G. Cesaratto is a Member of the Firm in the Litigation and Employment, Labor & Workforce Management practices, in the New York office of Epstein Becker Green. His practice focuses on cybersecurity and data privacy, computer and electronic data misappropriation, breach and forensics, technology and software licensing, internal and law enforcement investigations, and litigation.

Mr. Cesaratto is a Certified Information Systems Security Professional (CISSP). He was awarded this information technology security audit certification by the International Information Systems Security Certification Consortium (see www.isc2.org). He is a Certified Ethical Hacker (CEH), a certification awarded by EC-Council, the world's largest cyber security technical certification body. He is also a Certified CSF Practitioner, a designation given by the Health Information Trust Alliance (HITRUST), an organization that provides training to develop and maintain effective security programs for health care, life sciences, and other companies that comply with security laws, regulations, and standards, including HITECH, HIPAA, PCI, JCAHO, CMS, ISO, NIST, GDPR, and various other federal, state, and business requirements (including New York State Department of Financial Services cybersecurity regulations).

In his practice, Mr. Cesaratto has:

  • Provided legal advice on preventing cybersecurity and data privacy issues
  • Conducted cybersecurity and data privacy risk assessments
  • Assisted clients with developing and implementing information security management programs, including insider threat programs and security incident response plans
  • Investigated cybersecurity incidents and data breaches
  • Assisted clients with the complexity of issues involving the handling of electronically stored information (ESI) on their networks and e-discovery obligations and litigated those issues
  • Advised clients in the negotiation of software licensing, cybersecurity, and technology related agreements, including SaaS, Service Level Agreements (SLAs), and third-party vendor agreements
  • Conducted internal investigations into misappropriation and breach of proprietary information and financial misconduct
  • Provided legal advice to organizations concerning electronic data misappropriation and computer forensics, including use of forensic software in workplace investigations
  • Represented targets of internal, regulatory, and criminal investigations and prosecutions
  • Provided legal advice on a wide range of technology, commercial, compliance, unfair competition, and personnel issues
  • Litigated all aspects of commercial and employment related lawsuits up to and through trial, including business disputes, employment discrimination and whistleblowing, theft of trade secrets, and breach of restrictive covenants

Mr. Cesaratto draws on a diverse legal background that includes private practice with national law firms, lengthy solo practice, and serving as an Assistant District Attorney in Bronx County, New York, where he directed investigations into financial fraud, identity theft, theft of intellectual property, credit card fraud, and consumer fraud. In addition to his CISSP and CEH certifications, he has completed extensive training courses in computer forensics software, including recovery of deleted electronic documents and indicia of unauthorized data transfer.



Reviews

TC
Thomas C.

Thank you for your thoughtful presentation.

RW
Rhonda G. W.

Thank you for a superb program -- knowledgeable, thorough, and clear. The conversation format made for a lively presentation.

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