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Cybersecurity and Data Privacy: 2016 Outlook

By Matthew Bisanz, Marcus A. Christian, Rajesh De, Charles E. Harris II, Gabriela Kennedy, Robert J. Kriss, Stephen Lilley, Mark A. Prinsley, Joel Silverstein, Jeffrey P. Taft, Evan M. Wooten, Oliver Yaros & Dr. Guido Zeppenfeld, LLM on January 29, 2016
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Cybersecurity and data privacy were high priority issues in 2015 for companies in a broad range of industries. This year is poised to see cybersecurity and data privacy continue to grow in importance for companies doing business in the United States and for US businesses operating globally. In our 2016 Outlook, we highlight five priority issues that these companies should consider as they assess, refine and operate their cybersecurity and data privacy programs in 2016:

  • Increasingly global governance of cybersecurity and data privacy;
  • Expanding regulatory and enforcement activity;
  • Continued growth in cybersecurity and data privacy litigation;
  • Substantial law enforcement activity; and
  • Expanding global and technological scope of policy debates.

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Photo of Marcus A. Christian Marcus A. Christian

Marcus Christian is a co-leader of the Washington DC Litigation & Dispute Resolution practice and a partner in Mayer Brown’s Cybersecurity & Data Privacy practice and White Collar Defense & Compliance group. Since joining Mayer Brown in 2013, Marcus has represented clients in…

Marcus Christian is a co-leader of the Washington DC Litigation & Dispute Resolution practice and a partner in Mayer Brown’s Cybersecurity & Data Privacy practice and White Collar Defense & Compliance group. Since joining Mayer Brown in 2013, Marcus has represented clients in matters involving data security planning, board governance of cybersecurity, cyber fraud, data breach response, and congressional investigations, among others.

Marcus is a recognized leader in cybersecurity. He has been named to Cybersecurity Docket’s “Incident Response 30,” recognizing 30 of the “best and brightest data breach response lawyers in the business” three times. The publication also noted that those recognized “have established themselves as the ‘first call’ for companies hit with a cyber attack or other data security incident.” Marcus was also named to the Washingtonian’s Top Lawyer list in 2018 and 2019.

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Rajesh De

Raj De serves on Mayer Brown’s global Management Committee. He was previously the Managing Partner of Mayer Brown’s Washington DC office, which is comprised of more than two hundred lawyers. He leads the firm’s global Cybersecurity & Data Privacy practice, as well as…

Raj De serves on Mayer Brown’s global Management Committee. He was previously the Managing Partner of Mayer Brown’s Washington DC office, which is comprised of more than two hundred lawyers. He leads the firm’s global Cybersecurity & Data Privacy practice, as well as the firm’s National Security practice, and serves as a member of the firm’s Congressional Investigations & Crisis Management team. After nearly two decades in private practice and public service across all three branches of the United States government, Raj is one of the most trusted voices in Washington. He has held senior appointments in the White House, the Department of Justice (DOJ) and the Department of Defense (DOD). Raj returned to Mayer Brown in 2015 after serving as General Counsel at the United States National Security Agency (NSA). Since returning to the firm, Raj has received numerous recognitions, including by American Lawyer (“Lateral All-Star”), Washingtonian magazine (“Top Lawyer”), The National Law Journal (“Cybersecurity and Data Privacy Trailblazer”), and Cybersecurity Docket (“Incident Response 30”).

Raj focuses his practice on cutting-edge legal and policy issues at the nexus of technology, national security, law enforcement and privacy. He advises clients, including management teams and boards of directors, in connection with crisis management, government and internal investigations, high-stakes litigation, regulatory enforcement matters, and congressional inquiries. Raj provides clients with strategic counseling and practical legal advice, drawing upon a wealth of experience in government service and private practice.

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Photo of Gabriela Kennedy Gabriela Kennedy

Gabriela Kennedy is a partner of Mayer Brown and head of the Asia IP and TMT group. She is also co-leader of Mayer Brown’s global Intellectual Property practice and a member of the firm’s global Cybersecurity & Data Privacy and Technology & IP…

Gabriela Kennedy is a partner of Mayer Brown and head of the Asia IP and TMT group. She is also co-leader of Mayer Brown’s global Intellectual Property practice and a member of the firm’s global Cybersecurity & Data Privacy and Technology & IP Transactions practices. She is based in Hong Kong, practising intellectual property, media, information technology and telecommunications law. She handles the full spectrum of intellectual property work from litigation to licensing, strategic advice and portfolio management. Gabriela advises extensively on technology and data protection issues in Hong Kong and throughout Asia, particularly in relation to business processing outsourcing, the cross-border transfer of data, data compliance, data breaches and cybersecurity issues. She has handled a number of data breach complaints filed with the Privacy Commissioner in Hong Kong and has conducted in-depth data audits and drafted/devised privacy manuals and procedures for the Asia operations of a number of multi-national companies. On the information technology side, Gabriela’s particular expertise includes advising on complex IT transactions and projects, IT outsourcing, cloud-computing, mobile payments, smart card projects, the regulation of encryption technology, software licensing, and disputes stemming from failed IT projects. She has been involved with a number of international organisations in discussions involving standard setting for the cross-border transfer of data and the formulation of strategies to deal with cyber-security.

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Photo of Stephen Lilley Stephen Lilley

Stephen Lilley is a partner in the Washington DC office of Mayer Brown. He focuses his practice on helping clients navigate cutting-edge and interrelated litigation, regulatory, and policy challenges. A member of the firm’s Litigation and Cybersecurity & Data Privacy practices, Stephen develops…

Stephen Lilley is a partner in the Washington DC office of Mayer Brown. He focuses his practice on helping clients navigate cutting-edge and interrelated litigation, regulatory, and policy challenges. A member of the firm’s Litigation and Cybersecurity & Data Privacy practices, Stephen develops strategies to manage legal risks and to shape regulatory policy across a broad range of substantive areas.

Stephen has significant experience working with clients to identify, evaluate, and manage cybersecurity and data privacy risks; responding to cyber incidents and vulnerability disclosures; and defending businesses in related litigation. Stephen is regularly called upon to advise senior executives and board members on their most challenging cybersecurity risks, to help companies develop governance programs to mitigate those risks, and to lead training exercises to implement and refine those programs. Stephen has particular experience advising on cybersecurity and national security issues relating to the Internet of Things, including vehicles and medical devices, and to manufacturing, critical infrastructure, and other industrial systems. Widely recognized for his cybersecurity law and policy experience, Stephen previously served as Chief Counsel to the Senate Judiciary Committee’s Subcommittee on Crime and Terrorism, where he focused on cybersecurity issues.

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Photo of Mark A. Prinsley Mark A. Prinsley

Mark Prinsley is a partner and heads the technology practice in the London office, and is a member of the firm’s Cybersecurity & Data Privacy practice. He concentrates on technology transactions, in particular IT projects and outsourcing.

A substantial element of Mark’s practice…

Mark Prinsley is a partner and heads the technology practice in the London office, and is a member of the firm’s Cybersecurity & Data Privacy practice. He concentrates on technology transactions, in particular IT projects and outsourcing.

A substantial element of Mark’s practice involves data protection issues and he has worked extensively for clients in the pensions and financial services sector designing and implementing GDPR compliant systems for the collection and processing of personal data by businesses and related sub-contractors, commercial transactions involving data sharing and reaction to data breach scenarios including managing data breach notifications. Recent projects Mark has worked on involving personal data include working for an automobile manufacturer implementing a connected vehicle programme globally, a supplier of facial recognition technology on methods of marketing that technology in Europe in compliance with data protection laws and for an insurtech business licensing technology and services to enable life insurers to underwrite life cover for diabetics using AI.

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Photo of Jeffrey P. Taft Jeffrey P. Taft

Jeffrey Taft is a partner in the Firm’s Financial Services Regulatory & Enforcement group and the Cybersecurity and Data Privacy practice. His practice focuses primarily on bank regulation, bank receivership and insolvency issues, payment systems, consumer financial services and cybersecurity/privacy issues. He has…

Jeffrey Taft is a partner in the Firm’s Financial Services Regulatory & Enforcement group and the Cybersecurity and Data Privacy practice. His practice focuses primarily on bank regulation, bank receivership and insolvency issues, payment systems, consumer financial services and cybersecurity/privacy issues. He has extensive experience counseling financial institutions, merchants, technology companies and other entities on various federal and state banking and consumer credit issues, including compliance with the Bank Holding Company Act, National Bank Act, International Banking Act, Consumer Financial Protection Act, Truth-in-Lending Act, the Fair Credit Reporting Act, the Electronic Fund Transfer Act, the Equal Credit Opportunity Act, the Fair Debt Collection Practices Act, the Real Estate Settlement Procedures Act, state unfair or deceptive acts or practices statutes, CFPB’s UDAAP authority and the development and implementation of privacy, cybersecurity and information security programs under the Gramm-Leach Bliley Act, the NYDFS cybersecurity regulation and industry standards, such as PCI DSS and NIST.

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Photo of Oliver Yaros Oliver Yaros

Oliver Yaros is a partner in the Intellectual Property & IT Group as well as the Technology & IP Transactions and Cybersecurity & Data Privacy practices of the London office of Mayer Brown. He advises clients on technology and outsourcing transactions with a…

Oliver Yaros is a partner in the Intellectual Property & IT Group as well as the Technology & IP Transactions and Cybersecurity & Data Privacy practices of the London office of Mayer Brown. He advises clients on technology and outsourcing transactions with a particular focus on fintech and digital transformation projects, as well as clients operating within a broad range of sectors on data protection matters and cybersecurity incidents, intellectual property transactions and related issues.

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  • Posted in:
    Privacy and Cybersecurity
  • Blog:
    Inside Cybersecurity & Privacy Law
  • Organization:
    Mayer Brown

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