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Locking Down Your Data: Adapting to Lawyers Working Remotely

Speaker(s): Gail Gottehrer, Jon P. Washburn, Justin S. Daniels
Recorded on: Sep. 14, 2020
PLI Program #: 306304

Justin Daniels provides corporate advice to growth-oriented and middle market domestic and international businesses. He is also a cybersecurity thought leader who believes cybersecurity is a strategic business enterprise risk.

His corporate practice consists of representing businesses and business owners in all aspects of their growth cycle, from structuring new ventures, raising capital and advising on acquisitions and divestitures to reviewing and negotiating key vendor, franchise, employment and customer contracts. He has closed M&A transactions valued collectively more than $1 billion.

He specifically advises on cyber business and legal issues that impact every aspect of a company from mergers and acquisitions, investment capital transactions and related due diligence matters, vendor and customer contracts and cyber insurance. He runs tabletop exercises to help companies practice and identity opportunities to improve their cyber incident response plan. He also has a strong background in blockchain technology as he represents one of the largest cryptocurrency mining facilities in the country. He has particular experience in helping clients navigate how the blockchain might apply to a specific use case and the potential business and legal issues arising from it.

Mr. Daniels has taken a leadership role in Georgia's cybersecurity industry. In 2017, he founded and led the inaugural Atlanta Cyber Week, where multiple organizations held 11 events that attracted more than 1,000 attendees. Atlanta Cyber Week created business opportunities between growth cyber companies and Atlanta's middle market and Fortune 1,000 customer base while also burnishing the reputation of Atlanta's regional cybersecurity ecosystem. At the end of Atlanta Cyber Week 2017, he gave a Ted Talk entitled "Why You Hold the Key to Cybersecurity." In March 2015, he traveled with Atlanta Mayor Kasim Reed and a 36-member delegation on a Georgia cybersecurity mission to the state of Israel to promote the Atlanta regional cybersecurity ecosystem. He has also given presentations about Atlanta's cybersecurity ecosystem and U.S. privacy laws as part of his travels to London and Manchester surrounding the InfoSec cybersecurity conference in 2016 and 2017.

He represents international companies based in the United Kingdom, France, Italy, Sweden, Israel, Australia and Canada to establish U.S. operations for their technology related companies. His international experience makes him adept at identifying cultural, business and other differences in the U.S. market that can impact the ability of international companies to be successful in the U.S. market.

Mr. Daniels' commercial real estate practice consists of representing investor syndicates and commercial developers who acquire, develop, finance, lease and sell commercial real estate. He has advised investor syndicates and commercial developers in the retail, industrial, office and data centers. Mr. Daniels' corporate and commercial real estate background uniquely positions him to represent companies that wish to acquire the assets and commercial real estate of another company, as his experience allows him to advise the client on all aspects of a transaction.

Jon Washburn leads Stoel’s infosec and governance program, working directly with the COO and firm counsel to ensure policies, controls, operational processes and training programs reduce IT risk and meet client and regulatory requirements. A resource for Stoel’s Privacy and Data Security practice, he draws on his more than 20 years of experience to assist the team with risk assessments, responding to incidents, identifying policy/process improvements, and evaluating information systems architecture and security controls to determine how well they might reduce the likelihood and impact of a data breach. Outside the office, he spends considerable time volunteering with the International Legal Technology Association (ILTA) and the Legal Services Information Sharing and Analysis Organization (LS-ISAO).

Gail Gottehrer is the Founder of the Law Office of Gail Gottehrer LLC.  Her practice focuses on emerging technologies, including autonomous vehicles, artificial intelligence, the Internet of Things, virtual reality, and biometrics, and the privacy laws, cybersecurity requirements and ethical issues associated with the data these technologies collect and use.  She is one of the few defense lawyers to have been involved in the trial of a class action to verdict before a jury.

Gail has taught Law for Knowledge Innovation at Columbia University, and is a Fellow at the Center for Legal Innovation at Vermont Law School.  She has given technology-related presentations for judges through the National Judicial College and the New York State Judicial Institute, and recently gave a talk on Emerging Technologies and Evolving Legal Issues: Biometrics, Facial Recognition Technology, Drones and Autonomous Vehicles at Syracuse University Law School.

Gail Co-Chairs the New York State Bar Association’s Technology and the Legal Profession Committee, and is a member of the New York State Bar Association’s Transportation Law Committee.  She Chairs the American Bar Association’s TIPS Automobile Litigation Committee, and Co-Chairs the National Association of Women Lawyers’ IP & Technology Affinity Group.  She is a Member of the IEEE P7014™ Working Group that is developing a Standard for Ethical Considerations in Emulated Empathy in Autonomous and Intelligent Systems and the State of Connecticut’s Task Force to Study Fully Autonomous Vehicles.  Gail Co-Chaired the Regulatory, Safety, Law and Policy Subcommittee of the New York State Bar Association’s Task Force on Autonomous Vehicles and the Law.

An internationally recognized thought leader, Gail served as a peer reviewer for Interpol’s Framework for Responding to a Drone Incident and presented a session on data privacy and security at Interpol’s Car Cyber Threats Expert Group Meeting in London in September 2019.  A member of the Atomium – European Institute for Science, Media and Democracy’s AI4People 2020 Automotive Committee, she co-authored a paper entitled AI4People: Ethical Guidelines for the Automotive Sector – Fundamental Requirements and Practical Recommendations that was published in the International Journal of Technoethics (Volume 12, Issue 1, January-June 2021).  She is also a member of the ITU’s Focus Group on AI for Autonomous and Assisted Driving.

Gail’s other recent publications in the autonomous vehicles space include an article published by Bloomberg titled, Mobilizing “Digital First Responders”: Level 4 Autonomous Vehicles, and two articles published by the American Bar Association titled, Can States Steer Clear of Liability for Accidents Involving Autonomous Vehicle Technology?, and The Intersection of the Fourth Amendment and Level 5 Vehicle Autonomy.

Gail was selected as one the Profiles in Diversity Journal’s 2017 Women Worth Watching in STEM and one of the Connecticut Technology Council’s 2016 Women of Innovation.  She is a graduate of the University of Pennsylvania Law School, and served as a law clerk to the Honorable Murray C. Goldman, in the Philadelphia County Court of Common Pleas.  Gail is admitted to practice in New York, New Jersey, Connecticut, and Pennsylvania.