PLI flyer for "Government Investigations 2020"

1. Government Investigations 2020:
Investigations Arising from Data Breach and
Privacy Concerns and Parallel Proceedings
THE AGENDA
REGISTER TODAY
800.260.4754
www.pli.edu/LGM0
FACULTY
CHAIR
Senior Program Attorney
Dana M. Berman
Priority Code: LGM0 FLY20
A Nonprofit Learning Organization
New York & Live Webcast January 31, 9:00 a.m. - 12:30 p.m. ET
Electronic information pervades our society. Corporations and other organizations create, store, and utilize
that information in all facets of business. Unfortunately, security can be breached and any breach can lead
to investigations by various government agencies at the federal and State levels. Those investigations may
lead to disputes about scope, variety and volume of electronic information to be produced.
This program will explore the role of electronic information through a hypothetical breach of a corporation’s
information that leads to an investigation. It will focus on the “what, why and how” an investigation is
conducted – from the viewpoint of the investigating agencies and of the corporate representatives charged
with responding to the investigation. The program will then consider a hypothetical class action that
parallels the investigation and how that parallel litigation interacts with the investigation.
Ronald J. Hedges
Dentons US LLP
New York City
For more information about PLI Privileged
Membership, visit www.pli.edu/membership
Scholarships are available to attend this program.
For information, visit learning.pli.edu/scholarship
Patrick Butts
Director of Legal Operations and
Information Governance
Hilltop Securities, Inc.
Dallas
Nicole Friedlander
Sullivan & Cromwell LLP
New York City
Manfred J. Gabriel
Holland & Knight LLP
New York City
Julie Lewis
President, CEO, and Founder
Digital Mountain, Inc.
Santa Clara, CA
Kathleen A. McGee
Lowenstein Sandler LLP
New York City
Kiran Patel
Dentons US LLP
New York City
Elizabeth Roper
Chief, Cybercrime and Identity Theft
Bureau
New York County District Attorney’s
Office
New York City
Christine Ryall
CFTC
Washington, DC
Erich P. Schork
Barnow and Associates, P.C.
Chicago
Hon. Lisa Margaret Smith
United States Magistrate Judge, SDNY
White Plains, NY
Jonathan E. Swerdloff
Consultant
Driven, Inc.
New York City
SCOPE AND LIMITS OF GOVERNMENT INVESTIGATION OF A DATA BREACH
• What conduct might give rise to a data breach investigation?
• Why is that conduct of a concern to an agency?
• What might be the scope of an investigation?
• What might the agency demand and what might the agency do with what is produced?
RESPONDING TO THE INVESTIGATION
• What should be the response to notice of an investigation?
• What compliance obligations might the notice create?
• What should be done to locate electronic information in response to a demand?
• What might a search look like?
• What should be done to produce electronic information in response to a demand?
• What alternative to production might exist?
PARALLEL CIVIL PROCEEDINGS
• What gives rise to parallel civil proceedings?
• When and why might parallel proceedings be stayed?
• How is information produced in investigations made available for civil proceedings?
• What is the relationship, if any, between an investigating agency and counsel for plaintiffs in a
parallel proceeding?
• What protections are available for information produced in investigations that may be subject to
attorney-client privilege and/or constitute work product?
January 31
PROGRAM LOCATION
PLI New York Center
1177 Avenue of the Americas, 2nd Floor, New York, NY 10036 (Entrance of W. 45th Street)
New York City Program #275701 $895; Privileged Member Fee: $0