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GDPR - Privacy Shield Boot Camp 2017


Speaker(s): Adam Schlosser, Brian L. Hengesbaugh, Chris Lockard, Harry A. Valetk, Jeanne M. Sheahan, Jonathan D. Avila, Krista Ferguson, Laura D. Berger, Mary Ann Le Fort, Robert S. Jett III
Recorded on: Oct. 12, 2017
PLI Program #: 212506

Adam C. Schlosser is Lead for Digital Trade and Data Flows at the World Economic Forum’s Center for the Fourth Industrial Revolution (C4IR) in San Francisco. At C4IR, he is building an international multi-stakeholder effort to advance formulation of national policy priorities regarding the treatment of cross-border data flows, data localization and associated issues. Adam works closely with leading data privacy experts from both the public and private sector to develop best practices around privacy and has advised on several global frameworks, including the EU-US Privacy Shield and the APEC Cross-Border Privacy Rules.

He previously served as Senior Director and Policy Counsel of the U.S. Chamber of Commerce Center for Global Regulatory Cooperation, where he developed the Chamber’s portfolio of international high-tech and digital policy work, with an emphasis on global data privacy and data transfer policies and best practices. Adam worked extensively with companies of all sizes and sectors on efforts to enable cross-border data flows, leading private sector engagement in multiple international fora. While at the Chamber he also worked closely with a number of governments on developing policies that support innovations and the growth of startups, including in Indonesia, Vietnam, and Brazil and led work programs on international regulatory cooperation and good regulatory practices.

Previously Adam worked in the Ernst & Young Office of Public Policy. He spent time with the USDA Foreign Agricultural Service, serving as lead U.S. delegate for food and agriculture issues at the WTO Committee on Technical Barriers to Trade (TBT) as well as participating in bilateral and multilateral negotiations with foreign officials. He served as a Presidential Management Fellow and worked at the General Services Administration Office of Governmentwide Policy, where he drafted domestic regulations.


Brian Hengesbaugh provides advice to a wide range of global online businesses, pharmaceutical companies, health care providers, manufacturers, financial institutions, sourcing providers, retail companies, and other organizations regarding the legal aspects of global privacy and data protection, data security, information technology, and related restrictions on data collection and movement. He focuses on these issues in the context of: data security breach and incident response, global company operations and applications, including websites, mobile, and e-commerce applications; sourcing and corporate transactions; and litigation, internal investigations, and government inquiries.

Brian is Chair of the Firm's Global IT/C Data Security Steering Committee, and a Member of the Firm's Global Privacy Steering Committee. He is listed in The Legal 500 Hall of Fame and was recognized as a Regulatory & Compliance Trailblazer by the National Law Journal. He is also listed as a Leading Lawyer for Cyber law (including data protection and privacy) in The Legal 500, listed in Chambers USA and the Computer World Ranking of Top Privacy Advisors. Formerly Special Counsel to the General Counsel of the US Department of Commerce, Brian played a key role in the development and implementation of the US Government’s domestic and international policy in the area of privacy and electronic commerce. In particular, he served on the core team that negotiated the US-EU Safe Harbor Privacy Arrangement (Safe Harbor), and earned a Medal Award from the US Department of Commerce for this service. In addition, Brian participated on behalf of the United States in the development of a draft Council of Europe Treaty on Cyber Crime, and in the negotiation of a draft Hague Convention on Jurisdiction and the Recognition of Foreign Judgments. Brian has been quoted in the Wall Street Journal, New York Times, Forbes, CNET, Slate Magazine, Compliance Weekly, BNA Bloomberg, PCWorld and other news publications on global privacy and security issues.

Practice Focus

Brian's practice covers privacy and information management, with emphasis on regulatory and transactional issues, including data security and information technology, privacy and data protection, sourcing, digital and electronic signatures, email and telemarketing, social media, cyber crime, and jurisdiction and the enforcement of foreign judgments.

Professional Honors

  • Legal 500 Hall of Fame 
  • Leading Lawyer in Technology: Cyber law (including data protection and privacy), Legal 500 USA, 2009-2017
  • Regulatory & Compliance Trailblazer, National Law Journal, 2015
  • Recognized in Privacy and Data Security Law, Best Lawyers in America, 2016-2017

Professional Associations and Memberships

  • American Bar Association - International Law Section
  • International Association of Privacy Professionals (IAPP) - Former Advisory Board Member

Admissions

Illinois~United States (2004)

Indiana~United States (1995)

Education

University of Minnesota Law School (J.D. cum laude) (1995)

Central European University (Budapest) (Certificate) (1993)

Washington University (A.B. Economics) (1991)

Languages

English

German


Chris Lockard is Senior Director, Legal – Global Privacy at Salesforce, a global cloud application and platform company based in San Francisco, CA. Chris leads a team of attorneys advising on privacy and security issues with Salesforce’s CRM, digital marketing, e-commerce, mobile and other enterprise software products. His team counsels on compliance with global data protection laws, negotiates privacy and security provisions in customer and vendor contracts, develops policies, procedures and trainings, and advises on privacy issues related to human resources, sales and marketing, mergers and acquisitions, and security incident response.

A certified information privacy professional, Chris serves on the Publications Advisory Board of the International Association of Privacy Professionals as well as on the Executive Committee of the State Bar of California’s Intellectual Property Section. Prior to joining Salesforce, Chris served as Senior Counsel and Director of Privacy and Security at The Clorox Company, where he created and led Clorox’s cross-functional global privacy and security team and advised Clorox’s portfolio of brands on legal issues related to digital marketing, social media, privacy, cybersecurity, e-commerce, connected devices and other technology matters.

Previously, Chris was a corporate and intellectual property associate at Pillsbury Winthrop Shaw Pittman LLP in San Francisco and worked on public policy issues for a nonprofit organization in Washington, D.C. Chris holds a J.D. from the University of California, Hastings College of the Law, where he served as Editor-in-Chief of the Hastings Law Journal. He also holds a B.S. in Journalism from Northwestern University and a M.A. in Government from The Johns Hopkins University.


Harry A. Valetk is Of Counsel in the International Commercial Practice Group in the New York office, advising global organizations on privacy and data security compliance requirements. He regularly supports companies in the insurance and financial services sector, retail, pharmaceutical/ healthcare, transportation/ logistics, hospitality, defense, social media, cloud technology, and manufacturing industries. His practice is focused on delivering commercially practical advice on designing security, privacy, and technologically compliant solutions. Harry's practice routinely covers issues that range from supporting M&A transactions that result in cross-border data transfers, to digital marketing, regulatory enforcement defense, and cyber security and data breach incident response. He also helps clients perform privacy risk assessments for EU-US Privacy Shield certifications, and works with highly-regulated entities on numerous data protection topics, including HIPAA, GLBA, FERPA, the Children’s Online Privacy Protection Act (COPPA).

Harry puts on an insider’s perspective when advising his clients having worked in-house as Director of MetLife’s Global Privacy Office in New York for almost seven years. In that role, he supported business lines in more than 60 countries to protect the personal data of over 90 million MetLife customers. Additionally, he led numerous strategic efforts to build out a global Privacy Risk Framework, achieve global compliance with applicable data privacy laws, deploy cross-border data transfer solutions, implement global training and awareness initiatives, and manage data and cyber security incidents. Before MetLife, Harry led the video game publishing industry’s privacy compliance efforts as the Director of Privacy Online for the Entertainment Software Rating Board and its COPPA Safe Harbor Seal Program. Finally, Harry served as a trial attorney for the U.S. Department of Justice, Civil Division.


Jeanne Sheahan is a passionate privacy attorney with expertise in leading privacy compliance programs at public domestic and international organizations. She is the Head of Privacy Compliance at First Republic Bank. Before that, she was the first global privacy lead for Eventbrite, the world's largest event technology platform, and she was the lead privacy attorney at Groupon, an e-commerce marketplace, responsible for leading the design and implementation of Groupon's worldwide privacy compliance program, including for GDPR. She is a Fellow of Information Privacy (FIP, CIPP/US, CIPM) with the International Association of Privacy Professionals.

Jeanne also worked for 8 years as outside counsel, including at Davis Wright Tremaine counseling on privacy and security best practices. She is also a seasoned litigator. While at DWT and for 4 years at Bingham McCutchen, she represented clients from start-ups to Fortune 500 companies in bet-the-company litigation and government investigations.


Jonathan Avila joined Walmart Stores, Inc. as Vice President, Chief Privacy Officer in October 2012.  Mr. Avila is responsible for the worldwide data privacy and records management program for Walmart’s operations involving 11,000 retail locations with more than two million employees in 27 countries, as well as Walmart’s e-commerce websites in ten countries.  Mr. Avila previously served as Vice President -- Counsel, Chief Privacy Officer of The Walt Disney Company.  Mr. Avila initiated the data privacy program at Disney in 2001 and led the development of Disney's enterprise privacy compliance program covering all of Disney's online and offline business activities in the nearly 50 countries in which Disney operates.

Mr. Avila has been active in the international data privacy community, having served for five years on the board of directors of the International Association of Privacy Professionals, including serving as President of the IAPP in 2009.  Mr. Avila has spoken at numerous conferences on data privacy issues, including conferences of the international data privacy commissioners sponsored by the governments of Spain and Mexico.  Mr. Avila is a co-author of Privacy Compliance and Litigation in California (CEB 2014).  Mr. Avila served on the advisory committee to the California Office of Privacy Protection on the development of its guidance on California's "Shine the Light" law relating to business' information sharing practices.  Mr. Avila also has taught on the subject of privacy law as an Adjunct Professor of the School of Law of the University of Arkansas.

Mr. Avila began his career as a law clerk to Judge W. Eugene Davis of the United States Court of Appeals for the Fifth Circuit.  Mr. Avila later was an associate with Latham & Watkins, and Litigation Counsel with the CBS television network.  Before joining Disney, Mr. Avila served as General Counsel Chief Privacy Officer of MValue.com, Inc., a venture capital funded Internet company.

Mr. Avila graduated with a B.A. from Yale University and a J.D. from Harvard Law School.  Mr. Avila also holds a diploma from the University of Salamanca (Spain) and holds the Certified Information Privacy Professional credential issued by the IAPP.


Krista Ferguson is Chief Privacy Counsel for Principal Financial Group where she provides legal guidance on global privacy and cybersecurity matters. Named to her current role in 2016, she’s spent more than a decade counseling Principal colleagues on a range of exciting privacy-challenged initiatives from implementation of the company’s “Bring Your Own Device” program to transformational changes in its life insurance underwriting.  Currently, when she’s not losing sleep over ever-evolving cyber threats, she leads the legal response team for the company’s EU General Data Protection Regulation project.

About Principal Financial Group®:

Principal® helps people and companies around the world build, protect and advance their financial well-being with its retirement, insurance and asset management expertise. A member of the FORTUNE 500®, Principal Financial Group serves 22 million customers with offices in 19 countries throughout Asia, Australia, Europe, Latin America and North America.


An experienced counselor to businesses and individuals, Mary Ann Le Fort is Vice President and Associate General Counsel at Priceline.com LLC in Norwalk, Connecticut.  Mary Ann is Priceline’s Compliance and Ethics officer, responsible for all facets of the program, including investigations, training, reporting, advising the business, and driving the values of the company’s Code of Conduct deep into the culture.  Mary Ann also advises the company on all matters involving privacy, including governance, incident response and GDPR readiness.  She also has served the company as litigation and labor and employment counsel.

Prior to her time at Priceline, Mary Ann was Counsel at Skadden Arps, in the Mass Torts and Insurance Litigation department.  Following law school, Mary Ann was a law clerk to the Hon. Denis R. Hurley in the United States Court for the Eastern District of New York.  She is a graduate of Brooklyn Law School, where she was a member of the Brooklyn Law Review, and of Vassar College.  She has served several not-for-profit organizations, is currently on the Board of Directors of Abundant Waters, Inc., which serves children in two public elementary schools on Manhattan’s West Side, providing free afterschool and summer enrichment programs.

linkedin.com/in/maryannlefort


Laura D. Berger is an attorney in the Division of Privacy and Identity Protection at the Federal Trade Commission. She enforces federal laws that protect consumer privacy. Recently, her law enforcement work has focused on the privacy and security standards applicable to social media and to the Internet of Things. She also has worked on the agency's efforts to educate app developers about privacy, including the recent guide “Marketing Your Mobile App: Get it Right from the Start.” In addition, she was author of the Commission's Safeguards Rule. She received a B.A. from Tulane University and a J.D. from the University of Michigan Law School. She works from the FTC's Regional Office in San Francisco.


Robert S. Jett III is Senior Legal Counsel – Information Services for Stryker Corporation at its in Allendale, NJ offices.  As a member of the IS Leadership Team he provides advice and strategic support for information services, data protection and privacy and supports the CIO. He has been working with Information Technology, Data Privacy and Protection, Information Security and Corporate Compliance areas for more than 20 years.  He came to Stryker in 2016 after working as in house corporate and compliance counsel for several large multinational financial services firms in both their domestic and international operations.  He has dealt with the financial services operations of multi-national insurance companies in all fifty states in the U.S.A., European Union, Japan, Korea Australia, South Africa and Latin America and many other foreign jurisdictions.  Bob is a member of the Maryland State Bar Association.  He holds a B.A. in international relations and political science from Hobart College.  He earned his Juris Doctor from the University of Baltimore School of Law.