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FTC v. Wyndham: Impact for Companies that Suffer Data Breaches


Speaker(s): Lisa J. Sotto, Neil K. Gilman
Recorded on: Sep. 22, 2015
PLI Program #: 160784

Named among The National Law Journal’s “100 Most Influential Lawyers,” Lisa Sotto chairs Hunton Andrews Kurth’s top-ranked Global Privacy and Cybersecurity practice and is the managing partner of the firm’s New York office.  She also serves on the firm’s Executive Committee.  Lisa has received widespread recognition for her work in the areas of privacy and cybersecurity.  She was voted the world’s leading privacy advisor in all surveys by Computerworld magazine and has received top rankings for privacy and data security by Chambers and Partners and The Legal 500.  Lisa serves as the Chairperson of the Department of Homeland Security’s Data Privacy and Integrity Advisory Committee. 

Lisa assists clients in identifying, evaluating and managing risks associated with privacy and data security practices.  She advises clients on GLB, HIPAA, COPPA, CAN-SPAM, FCRA, VPPA, security breach notification laws, and other U.S. state and federal privacy and data security requirements (including HR rules), and global data protection laws (including those in the EU, Asia and Latin America).  More recently, Lisa’s work includes assisting dozens of clients in developing strategies for complying with the California Consumer Privacy Act of 2018.

Featured as “The Queen of Breach” in an article by New York Super Lawyers Magazine, Lisa provides extensive advice on cybersecurity risks, incidents and policy issues, including proactive cyber incident readiness.  Since 2005, she has advised clients on more than 1,600 cybersecurity and data breach incidents in the U.S. and abroad, including many of the seminal events.  Lisa is the editor and lead author of the legal treatise entitled Privacy and Cybersecurity Law Deskbook, published by Aspen Publishers, Wolters Kluwer Law & Business. 

Lisa is chair of the New York Privacy Officers’ Forum and a former member of the Board of Directors of IAPP.  She received her J.D. from the University of Pennsylvania Law School, where she was an editor of the Law Review.  She received her B.A. from Cornell University, with Distinction in All Subjects.  Lisa is admitted to practice in New York.


 


Neil's practice focuses on class action and other complex litigation.

Experience 

Neil's complex litigation practice focuses on class action and other litigation in the areas of health care, privacy, antitrust, consumer finance, consumer fraud, and products liability. Neil has appeared before a number of trial and appellate courts throughout the country. Neil served as a law clerk to the Hon. Raymond A. Randolph of the United States Court of Appeals for the District of Columbia.

Relevant Experience

  • Represent health insurer in antitrust actions brought by Department of Justice and related competitor and class action suits.
  • Represent health insurer in data breach class action.
  • Represent multiple retailers in data privacy investigations and litigations, including claims related to data breaches, theft of information, and data collections issues, including point of sale requests for ZIP codes.
  • Represent credit union in numerous class action relating to alleged TILA, Uniform Commercial Code and other statutory and common law claims.
  • Represented retailer in Federal Trade Commission data security investigation.
  • Represented several financial institutions in long-term data security investigations.
  • Represented large payment processor in data breach investigation and subsequent class action litigation.
  • Served as counsel to national insurance intermediary in In re Insurance Antitrust MDL and federal and state investigations.

Education

  • JD, University of Michigan Law School, magna cum laude, Order of the Coif; Associate Editor, Michigan Law Review, 1993
  • AB, Amherst College, magna cum laude, 1990

Bar Admissions

  • District of Columbia
  • New York