California’s Privacy Law Changes and Its Impact on Brands
Recorded On: 11/13/2018
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As brand owners anticipate the January 2020 implementation of California’s Consumer Privacy Act, recent provisions and amendments add complexity and opportunity to the new compliance landscape for brands’ response to data privacy obligations and data breaches. Close examination of the law reveals a number of differences with other global privacy legislation, and though many provisions have changed, others could still be improved or altered.
Hear from experienced trademark and privacy practitioners as they detail the pros and cons of the new law and explore potential amendments.
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Dave Cohen (Moderator)
International Association of Privacy Professionals (IAPP) (USA)
In his role as Knowledge Manager at the IAPP, Dave Cohen oversees content contributions from the many privacy professionals actively engaged with the International Association of Privacy Professionals. These collected works of expertise are shared with IAPP members and the general public through web conferences and live events throughout the year. Dave is responsible for the in-house webinar production process from conception to delivery, and assists in other company wide privacy education training efforts. Prior to joining the IAPP, he was involved in a number of social service and philanthropy focused organizations in the Seacoast area of New Hampshire.
Greenberg Traurig, LLP (USA)
Ian Ballon is Co-Chair of Greenberg Traurig LLP’s Intellectual Property & Technology Practice Group and represents companies in intellectual property litigation (including copyright, trademark, trade secret, patent, right of publicity, DMCA, domain name, platform defense, fair use, CDA and database/screen scraping) and in the defense of data privacy, cybersecurity breach and TCPA class action suits..
Ian is also the author of the leading treatise on internet and mobile law, E-Commerce and Internet Law: Treatise with Forms 2d edition, the 5-volume set published by West (http://ianballon.net/) and available on Westlaw, which includes extensive coverage of data privacy and cybersecurity breach issues, including a novel transactional approach to handling security breaches and exhaustive treatment of trends in data privacy, security breach and TCPA class action suits. In addition, he serves as Executive Director of Stanford University Law School’s Center for the Digital Economy. He also chairs PLI's annual Advanced Defending Data Privacy, Security Breach and TCPA Class Action Litigation conference. Ian previously served as an Advisor to ALI’s Intellectual Property: Principles Governing Jurisdiction, Choice of Law, and Judgments in Transactional Disputes (ALI Principles of the Law 2007) and is a member of the consultative group for the Data Privacy Principles of Law project (ALI Principles of Law Tentative Draft 2019).
Ian was named the Lawyer of the Year for Information Technology Law in the 2021, 2020, 2019, 2018, 2016 and 2013 editions of Best Lawyers in America. In 2020, 2019 and 2018, he was recognized as one of the Top 1,000 trademark attorneys in the world for his litigation practice by World Trademark Review. In addition, in 2019 he was named one of the top 20 Cybersecurity lawyers in California and in 2018 one of the Top Cybersecurity/Artificial Intelligence lawyers in California by the Los Angeles and San Francisco Daily Journal.
He is listed in Legal 500 U.S. The Best Lawyers in America (in the areas of information technology and intellectual property) and Chambers and Partners USA Guide in the areas of privacy and data security and information technology.
Ian was also listed in Variety’s “Legal Impact Report: 50 Game-Changing Attorneys” (2012), was recognized as one of the top 100 lawyers in L.A. by the Los Angeles Business Journal and is both a Northern California and Southern California Super Lawyer.
Ian holds JD and LLM degrees and the CIPP/US certification from the International Association of Privacy Professionals (IAPP).
Monique (Nikki) Bhargava
Loeb & Loeb (USA); Member of INTA’s Data Protection Best Practices Committee
Monique Bhargava is a partner in the Advanced Media & Technology Group at Loeb & Loeb. Monique counsels brands, advertising agencies, and media and technology companies in all aspects of advertising, marketing, data privacy, new media and intellectual property law. Armed with practical and business-minded solutions, she helps clients across a broad spectrum of industries to achieve their goals while navigating legal risks. Data privacy and security is another area of concentration for Ms. Bhargava, particularly where these issues intersect with advertising and marketing practices, such as online, mobile and cross-device data collection and use, targeted advertising, and use of data for marketing analytics. She helps clients comply with domestic and international privacy laws, including assessing data security, privacy and use practices, and developing privacy/security policies, and advising on implementation and strategy. Ms. Bhargava also assists client navigate legal issues surrounding new technology and media, such as e-commerce, mobile marketing, social media and user-generated content. She earned her undergraduate degree in Molecular and Cell Biology (neurobiology emphasis) from UC Berkeley and a J.D. from the University of Illinois – College of Law.
Christine (Chris) Lyon
Morrison Foerster (USA)
Christine Lyon is a Palo Alto-based partner in Morrison & Foerster’s Privacy + Data Security Group. Chris’s practice focuses on the most cutting-edge, technology-centric issues related to companies’ collection, use, sharing, and safeguarding of data, including personal information of customers and employees. Her practice spans a variety of industry sectors, from information technology services to consumer products, and covers clients ranging from start-ups to large multinationals. She advises technology companies on building privacy protections into their offerings, including connected products and services (Internet of Things), cloud-based services, and AI and big data initiatives. She also assists clients in evaluating and managing privacy risks, including in strategic transactions such as IT outsourcing, and mergers and acquisitions.