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Eighteenth Annual Institute on Privacy and Data Security Law

 
Author(s): Thomas J. Smedinghoff, Lisa J. Sotto, Francoise Gilbert
Practice Area: Health Care, Intellectual Property, Privacy & Cybersecurity
Published: May 2017
PLI Item #: 180957
CHB Spine #: G1325, G1326

Francoise Gilbert, a partner at Greenberg Traurig, is the author of the two volume treatise “Global Privacy and Security Law” (Wolters Kluwer Publishing), covering 68 countries. Her practice has focused on information privacy and security for more than 25 years. Interested in the challenges raised by hackers such as Robert Morris and Kevin Mitnick in the late 1980’s and early 1990’s, she began conducting extensive research of the existing laws. In 1991, she published her first law review article on Breaches of Security and started working with clients on the legal issues stemming from attacks on their systems. In 1992, she became involved in emerging health security and privacy issues in the use of technology for telemedicine services. In this connection, throughout the 1990’s, she contributed to the drafting of several federal and state bills that were the predecessors of HIPAA.

Since then, her practice has evolved as privacy and cyber security laws and jurisprudence were developed in the United States and globally. Francoise deals regularly with compliance challenges raised by cloud computing, connected objects, smart cities, big data, mobile applications, wearable devices, social media, data analytics, artificial intelligence, internet of things, autonomous vehicles and other cutting-edge developments. As a practicing attorney, she advises public companies, emerging technology businesses and non-profit organizations, on the entire spectrum of domestic and international privacy and cyber security issues legal issues. Sample engagements include, compliance, product strategy, privacy-by-design, privacy policies, mergers & acquisitions, cross border data transfers and global privacy programs.

Françoise holds law degrees from Paris University (France) and Loyola University (Chicago, Illinois) and a graduate degree in Mathematics from Paris University (France). She is accredited as a Certified Information Privacy Manager (CIPM) and a Certified Information Privacy Professional (CIPP/US, CIPP/E).

Internationally recognized as a thought leader and expert in data privacy and cyber security, Francoise Gilbert has been continuously praised for her experience and in-depth knowledge of this area. She was named “2014 San Francisco Lawyer of the Year” by Best Lawyers for her work in information privacy and security, and a “Cybersecurity and Privacy Trailblazer” by the National Law Journal in 2015.  She is listed in Chambers USA and Chambers Global (since 2008), Best Lawyers in America (since 2007), and Who’s Who in Ecommerce and Internet Law (since 1998). Françoise has also been recognized as one of the US “top privacy advisers” by Computer World and as an “attorney who matters” by Ethisphere.


Named among The National Law Journal’s “100 Most Influential Lawyers,” Lisa Sotto is the managing partner of the firm’s New York office and chairs the firm’s top-ranked Global Privacy and Cybersecurity practice.  She also serves on the firm’s Executive Committee.  Ms. Sotto was voted the world’s leading privacy advisor in all surveys by Computerworld magazine and was recognized by Chambers and Partners as a “Star” performer (the highest honor) for privacy and data security.  Ms. Sotto also is recognized as a “leading lawyer” by The Legal 500 United States for cyber crime and privacy and data security.  She serves as the Chairperson of the Department of Homeland Security’s Data Privacy and Integrity Advisory Committee. 

Ms. Sotto was named one of Ethisphere Magazine’s 2015 “Attorneys Who Matter,” listing attorneys who “have risen to the top,” and was named among The National Law Journal’s 2015 “Cybersecurity & Data Privacy Trailblazers” and “Regulatory & Compliance Trailblazers.”  She has been profiled in numerous publications including the Crain’s New York Business feature “Lawyer Goes Into the Breach” and the SC Magazine feature “Women of Influence.”  She also was featured as “The Queen of Breach” in an article by New York Super Lawyers Magazine.  Ms. Sotto is the editor and lead author of the legal treatise entitled Privacy and Data Security Law Deskbook, published by Aspen Publishers, Wolters Kluwer Law & Business. 

In 2014, Ms. Sotto was selected to represent the U.S. Chamber of Commerce to present a report, “Business Without Borders: The Importance of Cross-Border Data Transfers to Global Prosperity,” which the firm prepared in collaboration with the Chamber.  The two-day workshop was hosted by AmCham Indonesia and the U.S. Chamber of Commerce in Jakarta, Indonesia.  In addition, in 2012, Ms. Sotto was selected to advise the Serbian government on global data protection law and to draft the country’s data security and breach notification laws.  Her work in Serbia was sponsored by the USAID-funded Judicial Reform and Government Accountability Project.

Ms. Sotto is co-chair of the International Privacy Law Committee of the New York State Bar Association, chair of the New York Privacy Officers’ Forum, and former member of the Board of Directors of the International Association of Privacy Professionals.  Ms. Sotto 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.  She is admitted to practice in New York and the District of Columbia.


Thomas J. Smedinghoff is Of Counsel in the Privacy & Cybersecurity Practice Group in the Chicago office of Locke Lord LLP.  His practice focuses on the developing field of information law and electronic business activities, with an emphasis on electronic transactions, identity management, data security, privacy, and online authentication.

Mr. Smedinghoff has been actively involved in developing e-business, e-signature, identity management, and data security legal policy both in the U.S. and globally.  He currently serves as Chair of the Identity Management Legal Task Force of the American Bar Association (ABA) Section of Business Law, and Co-Chair of its Cybersecurity Committee.  Mr. Smedinghoff is also a member of the U.S. Delegation to the United Nations Commission on International Trade Law (UNCITRAL), where he participates in the Working Group on Electronic Commerce. In that capacity, he helped to negotiate the international e-commerce treaty titled the United Nations Convention on the Use of Electronic Communications in International Contracts, and will soon be working with UNCITRAL to address international eID issues.

Mr. Smedinghoff is author of the book titled Information Security Law: The Emerging Standard for Corporate Compliance, (2008), and the editor and primary author of the e-commerce book titled Online Law: The Legal Guide to Doing Business on the Internet (1996).