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2019 Outlook: Cybersecurity and Data Privacy

By Rajesh De, Matthew Bisanz, Samantha Machock, Marcus A. Christian, Veronica R. Glick, Sasha Keck, Gabriela Kennedy, Mickey Leibner, Stephen Lilley, Ian McDonald, Cristiane Manzueto, John Nadolenco, Mark A. Prinsley, Linda L. Rhodes, Joshua M. Silverstein, David A. Simon, Jeffrey P. Taft, Evan M. Wooten & Oliver Yaros on January 30, 2019
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Cybersecurity and data privacy presented some of the most complex legal questions and business risks that multinational companies faced in 2018. Businesses should expect continued growth in cyber and data privacy challenges in 2019.

Cyber attacks became even more sophisticated and severe in 2018, with incidents ranging from exfiltration and extortion schemes, to attacks on critical infrastructure, threats to connected products, and vast data breaches. Even technically simple (but often highly costly) business email compromise attacks spiked in 2018, underscoring the continuing importance of implementing defensive best practices. The data privacy landscape also continued to grow more complex, as the General Data Protection Regulation (“GDPR”) went into force in the European Union (“EU”)—and affected business practices around the globe. Other jurisdictions are already following suit, passing similar laws that will require significant compliance efforts.

2019 is poised to continue this trend of increasing complexity—and consequences—for cybersecurity and data privacy challenges.

Continue reading.

Photo of Rajesh De 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 Matthew Bisanz Matthew Bisanz
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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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Photo of Veronica R. Glick Veronica R. Glick

Veronica Glick is a partner in Mayer Brown’s Washington, DC office and a member of the firm’s National Security and Cybersecurity & Data Privacy practices. She is also a member of the firm’s Litigation & Dispute Resolution practice and Congressional Investigations & Crisis…

Veronica Glick is a partner in Mayer Brown’s Washington, DC office and a member of the firm’s National Security and Cybersecurity & Data Privacy practices. She is also a member of the firm’s Litigation & Dispute Resolution practice and Congressional Investigations & Crisis Management team. Veronica focuses her practice on complex and cutting-edge legal issues regarding national security, cybersecurity and international law, with particular experience responding to multijurisdictional cyber incidents.

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Photo of Sasha Keck Sasha Keck
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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 Cristiane Manzueto Cristiane Manzueto

Cristiane Manzueto is counsel in the Rio de Janeiro office of Tauil & Chequer Advogados in association with Mayer Brown, and is a member of the Intellectual Property practice. She has been engaged in the intellectual property field for 14 years.

Prior to…

Cristiane Manzueto is counsel in the Rio de Janeiro office of Tauil & Chequer Advogados in association with Mayer Brown, and is a member of the Intellectual Property practice. She has been engaged in the intellectual property field for 14 years.

Prior to joining Tauil & Chequer Advogados, Cristiane worked at top tier IP firms in Brazil (Daniel Advogados and Di Blasi, Parente & Associados). Her experience involves management of trademark portfolios, providing legal assistance and counseling on administrative and judicial cases with emphasis on trademarks, copyrights, trade dress, trade secrets, advertising and consumer rights, domain names disputes, Intellectual Property agreements, fashion Law and competition law.

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John Nadolenco

John Nadolenco is an experienced civil litigator whose practice is focused on class-action defense, including defending consumer class actions, employment class actions, and securities and derivative cases. Additionally, John also has experience advising clients on privacy issues and defending clients in privacy-related cases. …

John Nadolenco is an experienced civil litigator whose practice is focused on class-action defense, including defending consumer class actions, employment class actions, and securities and derivative cases. Additionally, John also has experience advising clients on privacy issues and defending clients in privacy-related cases. John served as co-editor of Mayer Brown’s The Social Media Revolution: A Legal Handbook.
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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 David A. Simon David A. Simon

David Simon is a partner in Mayer Brown’s Washington DC office and a leading member of the global Cybersecurity & Data Privacy practice. He is also a member of the firm’s National Security and Government Contracts practices. A former special counsel at the…

David Simon is a partner in Mayer Brown’s Washington DC office and a leading member of the global Cybersecurity & Data Privacy practice. He is also a member of the firm’s National Security and Government Contracts practices. A former special counsel at the US Department of Defense (DoD) and chief cyber counsel to the US Cyberspace Solarium Commission, David has deep experience advising victims of ransomware attacks and state-sponsored cyber activity. Named as a Cybersecurity Trailblazer by The National Law Journal, David has also been named to Cybersecurity Docket’s “Incident Response 40,” a collection of 40 of the “best and brightest” incident response attorneys in the country. David regularly supports clients as the lead investigator and crisis manager for cross-border cyber incidents, including data breaches involving personal data, nation-state threats targeting intellectual property, state-sponsored theft of sensitive U.S. government information, and destructive attacks. David has directed and advised on dozens of complex cyber incident and data breach investigations in the last few years alone. He has counseled companies on major cyber incidents and incident preparedness across virtually every sector of the economy. David represents financial institutions, automotive manufacturers and self-driving car companies, tech companies, telecommunications companies, healthcare companies, insurance companies, defense and aerospace companies, private equity firms and their portfolio companies.

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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 & Data Security
  • Blog:
    Inside Cybersecurity & Privacy Law
  • Organization:
    Mayer Brown
  • Article: View Original Source

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