Privacy Programs on Trial and Incident Response Under Fire

This session is part of the Think Tank series. Think Tank sessions are 45-minute breakouts with a 15-minute question and answer sessions where experts in law and consultancy share their expertise on relevant and thought-provoking topics.

Privacy and cybersecurity lawyers spend years debating consent, disclosures, SDKs, sensitive data, data minimization, and vendor relationships. But what happens when those abstractions must survive experts, faded memories, cross-examination, and a verdict? Drawing lessons from one of the rare major consumer privacy class-actions to reach trial (the Flo Health litigation), this session examines how privacy-related decisions show up in a courtroom — and which ones suddenly matter much less. Applying a similar framework to incident response, speakers will discuss the real-life operational, legal, and business tensions that can lead to unexpected behaviors and outcomes in high-stakes incident response, so that breach response materials and communications don't become harmful exhibits in the litigation or regulatory investigation that follows.

What you will learn:

• Practical approaches to design your privacy program with a judge and jury in mind.
• Best practices to reduce legal and regulatory risk, while enabling the technical collaboration necessary to investigate and respond to the incident and empowering a business to manage customer/client relationships and expectations, when navigating a high-stakes data breach or cybersecurity incident.
• Key considerations for driving consensus and decision making in a large, matrixed enterprise during a crisis.

Sponsored by Dechert