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Consumer Data Privacy Legislation: Who’s Stepping Back and Who’s Stepping Up


Speaker(s): Alan Charles Raul, Corban S. Rhodes, Maia T. Spilman
Recorded on: May. 25, 2017
PLI Program #: 215611

ALAN RAUL is the founder and leader of Sidley’s highly ranked Privacy and Cybersecurity practice. He represents companies on federal, state and international privacy, cybersecurity and digital technology issues. His practice includes global data protection and compliance programs, data breaches, crisis management, consumer protection issues and internet law. Alan advises companies regarding their cybersecurity preparedness and digital governance. Alan’s practice involves litigation, regulatory defense, internal investigations, counseling and policy advocacy. He handles consumer class actions, enforcement matters, and public policy involving the FTC, State Attorneys General, SEC, FCC, Department of Justice, international data protection authorities and other government agencies.

Alan provides clients with perspective gained from extensive government service. He previously served as Vice Chairman of the White House Privacy and Civil Liberties Oversight Board, General Counsel of the Office of Management and Budget, General Counsel of the U.S. Department of Agriculture, and Associate Counsel to the President.

Alan serves as a member of the Technology Litigation Advisory Committee of the U.S. Chamber Litigation Center (affiliated with the U.S. Chamber of Commerce). He also serves on the American Bar Association’s Cybersecurity Legal Task Force by appointment of the ABA President, and as a member of the Practicing Law Institute’s Privacy Law Advisors Group. He is a member of the governing Board of Directors of the Future of Privacy Forum, and of the Center for Democracy and Technology’s Advisory Committee.

Alan has represented a Special Cybersecurity Review Committee of the Board of Directors of a major tech company in connection with its independent investigation of the company’s handling of major data breaches. The following representative types of matters are also illustrative of the breadth of Alan’s practice:

  • Digital Governance counseling
  • Privacy and cybersecurity litigation, data breach incidents, regulatory investigations and compliance counseling
  • International data protection compliance programs and cross-border transfers
  • FTC, State Attorney General and international DPA investigations involving consumer protection, privacy, data security and unfair or deceptive business practices
  • SEC, DOJ, Congressional and Inspector General investigations 
  • Cybersecurity, government information requests and national security issues 
  • Internet litigation and counseling, and government information requests, under Electronic Communications Privacy Act and the Computer Fraud and Abuse Act
  • Administrative Procedure Act litigation, regulatory advocacy and counseling
In addition to leading a “Privacy and Data Security” practice nationally rated by Chambers Global and Chambers USA, Alan is ranked by Chambers in its top tier of Privacy and Data Security practitioners. Chambers USA has described Alan as a “true ‘ambassador’ for the privacy sector” who “attracts praise for his deep knowledge of the field. Interviewees stress that ‘he gives invaluable advice’ and is known to be a strong litigator. He also earns plaudits for his regulatory compliance and data protection policy expertise.” He has been named as a leading international Internet and E-Commerce Lawyer in Who’s Who Legal. Alan was also named to Ethisphere Institute’s “Attorneys Who Matter” in Data Privacy/Security, which recognizes lawyers with the highest commitment to public service, legal community engagement and academic involvement. The Washingtonian has named Alan one of Washington, D.C.’s Best Lawyers: Cybersecurity, and the National Law Journal named him a “Cyber Security Trailblazer.”


Corban S. Rhodes focuses on prosecuting complex securities fraud cases on behalf of institutional investors, as well as consumer data privacy litigation.

Currently, Corban represents shareholders litigating fraud-based claims against TerraVia (formerly Solazyme) and Alexion Pharmaceuticals. He has successfully litigated dozens of cases against most of the largest Wall Street banks in connection with their underwriting and securitization of mortgage-backed securities leading up to the financial crisis.

Corban is also pursuing a number of matters involving consumer data privacy, including cases of intentional misuse or misappropriation of consumer data, and cases of negligence or other malfeasance leading to data breaches, including In re Facebook Biometric Information Privacy Litigation and Schwartz v. Yahoo Inc.

Before joining Labaton Sucharow, Corban was an associate at Sidley Austin LLP where he practiced complex commercial litigation and securities regulation and served as the lead associate on behalf of large financial institutions in several investigations by regulatory and enforcement agencies related to the financial crisis.

In 2008, Corban received a Thurgood Marshall Award for his pro bono representation on a habeas petition of a capital punishment sentence. He also later co-authored "Parmalat Judge: Fraud by Former Executives of Bankrupt Company Bars Trustee's Claims Against Auditors," published by the American Bar Association.

Corban received a J.D., cum laude, from Fordham University School of Law, where he received the 2007 Lawrence J. McKay Advocacy Award for excellence in oral advocacy and was a board member of the Fordham Moot Court team. He earned his B.A., magna cum laude, in History from Boston College.

Corban serves on the Securities Litigation Committee of the New York City Bar Association. Additionally, Super Lawyers, a Thomson Reuters publication, recognized Corban as a New York Metro “Rising Star,” noting his experience and contribution to the securities litigation field.

Practice Areas

Education

Fordham University School of Law
J.D., cum laude, 2007

Boston College
B.A., History, magna cum laude, 2004

Admissions

2008, New York

U.S. Court of Appeals
2014, Second Circuit

U.S. District Court
2009, Southern District of New York
2013, Central District of California


Maia is an Information Privacy and Intellectual Property Attorney and a Certified Information Privacy Professional.  She works with corporate clients on the legal obligations connected to the electronic information collected, used and maintained.  She advises on cross-Atlantic data transfers, internal governance issues and, vendor management related to privacy and security.  Maia also works on business to consumer matters such as social media marketing campaigns, APP and website disclosures.

Maia is a seasoned transactional attorney, has headed her own practice for more than a decade and has worked as in-house counsel for a multi-national corporation and a start-up.

Maia co-chairs the Information Technology and Cyber Law Committee of the New York City Bar Association, is a member of the International Association of Privacy Professionals and is the Regional Co-Chair of her law school’s New York alumni chapter.

She received her J.D. from Northeastern University in Boston, her Bachelor of Arts degree in English and Fine Arts from Syracuse University.