Cyber Security and Cyber Breach: What Lawyers and Their Law Firms Need to Know Now

SKU: LPM7100 Back to Course Listings

About This Course

This CLE program will discuss cyber security, the consequences of a cyber breach, including ethical considerations, and cyber insurance. In the U.S., we are faced with 50 state laws on data privacy and security. If your business holds personal information from a resident of a particular state, what legal and ethical obligations apply to your firm, and to your clients, under that state’s law? The FTC also watches to ensure that companies are complying with their posted privacy policies. Non-compliance may subject a company to substantial fines.

What is a law firm’s ethical obligation with respect to reporting a breach? One major law firm is currently in the crosshairs of the SEC, which has requested information about client data that may have been accessed in a recently disclosed breach that occurred over 2 years ago. What other ethical, legal and business issues arise when a law firm’s data is breached and how can firms best prepare for that crisis? What is the role of cyber security insurance when a breach occurs?

Lecturers for this Course

Bruce Swicker Amy B. Goldsmith, Esq. Amy K. Rotenberg, Esq.

Lecturer Bios

Bruce Swicker

Vice President, Lawyers Program

EPIC Insurance Brokers & Consultants

Prior entering the insurance industry 30 years ago, Bruce enjoyed successful careers in hospitality management and in real estate, both in New York as well as in Southern California. After managing a branch office of one of the largest personal lines brokerages in the northeast, Bruce went on to develop a substantial expertise in the area of professional liability, including medical, legal and accounting malpractice, as well as related issues such as directors & officers liability, employment practices liability, cyber liability, and errors & omissions insurance.

In June of 2001, after several years as a successful producer with agencies in New York City and in Nassau County, Bruce established his own firm, Earhart Leigh Associates, focusing almost exclusively on executive and professional liability, with an emphasis on lawyers’ professional liability.

In October of 2011, Earhart Leigh was acquired by and merged with Frenkel & Company, and Bruce took the helm of Frenkel’s Lawyers Program, based in the Harborside Financial Center in Jersey City. Frenkel insures hundreds of attorneys and law firms, ranging from solo practitioners, to midsize, regional firms. Frenkel was itself acquired by Edgewood Partners Insurance Center (“EPIC”) in late 2017. EPIC, backed by Oak Hill Capital Partners and The Carlyle Group, is the one of the nation’s 10 largest privately held insurance broker, with run-rate revenues approaching $1 Billion. This allows EPIC’s Lawyers Program to provide clients with nationwide reach and strength, while maintaining a “boutique” approach to client service.

Bruce is frequently consulted by carriers and underwriters when new insurance programs are being developed, he is also often invited to speak at CLE’s and similar seminars. Some of these organizations include the Attorneys’ Roundtable, Garibaldi Group CPA’s Managing Partners Forum, Esquire Bank, Capital One, and Fordham Law School.

A resident of Manhattan, Bruce is an active member of the Professional Liability Underwriting Society.

Amy B. Goldsmith, Esq.

As chair of the firm’s Privacy and Cybersecurity Group and a partner in its Intellectual Property Group, Amy B. Goldsmith guides clients through the legal aspects inherent in building immediately recognizable brands, developing desirable products and services, and devising strategic IP plans to mitigate risk. With respect to IP risk management, Amy advises clients on U.S. and non-U.S. trademark due diligence, patent go-to-market strategy, and copyright compliance.

Amy protects her clients’ global interests across multiple industries.

Amy has served as vice president of the New York Women’s Bar Association and co-manages its continuing legal education programs. She also teaches CLE programs for Lawline. In addition, Amy belongs to the American Bar Association and the International Trademark Association (INTA) and is on the board of directors of Savvy Ladies, a nonprofit whose mission is to educate women to be financially savvy. Amy previously was a speaker at TedxTimesSquare and served on its advisory board.

Amy focuses her practice on two core areas: Privacy and Cybersecurity.

Amy designs commercially responsive privacy policies, terms of use, end-user licenses, and software-as-a-service agreements, and counsels clients on privacy and cybersecurity issues. Taking into consideration all jurisdictions to which her clients would be subject to regulations, she ensures that her clients meet all requirements set forth under global privacy laws, including the EU’s General Data Protection Regulation, New York’s Stop Hacks and Improve Electronic Data Security Act (SHIELD Act), and the California Consumer Privacy Act.

Amy’s recent accomplishments include:

Drafting software-as-a-service (SaaS) and master service agreements on behalf of a consulting company within the tax industry.
Designing privacy and cybersecurity policies on behalf of an education nonprofit, working closely with its information technology experts.
Guiding a mechanical and electrical engineering consulting firm’s general counsel with respect to privacy and cybersecurity law compliance.
Advising the Hartz Mountain Corporation, one of the world’s largest pet products companies, on its privacy policies and terms of use.
Patents, Copyright, and Trademark

With respect to patent, copyright, and trademark matters, Amy helps clients navigate all stages of their development, from idea conception and protection, through funding, manufacturing, and enforcement.

Amy K. Rotenberg, Esq.

As founder and president of Rotenberg Associates, Amy combines nearly two decades of experience in crisis management and strategic communications with 10 years as a trial attorney. She provides strategic communications counsel to clients facing high stakes publicity in connection with federal and state litigation, government investigations, product recalls, employee malfeasance, media probes, mergers and acquisitions, IPOs and spinoffs. Whether advocating a high profile issue before the national media or Congress, or rehabilitating the reputation of a corporate executive, Amy helps clients at the intersection of legal claims, regulatory attacks and media scrutiny. Amy has extensive experience working with clients in healthcare, higher education, food, financial services, professional sports, nonprofits and news media.

Previously, Amy was Vice President at Padilla Speer Beardsley, launching that firm’s Litigation and Critical Issues Communications practice. As a media lawyer and trial attorney at Cravath, Swaine and Moore in New York and Dorsey & Whitney in Minneapolis, she represented broadcast and print media in litigation and cable television regulation and provided daily pre-broadcast newsroom counsel to local television and radio stations. She also represented corporate clients in anti-trust, employment discrimination, trade secret, product liability and other complex commercial litigation.

Amy received her undergraduate degree from Harvard University, Magna Cum Laude, in Government, and M. Phil. degree in International Relations from Cambridge University, England, where she was a Rotary Scholar. She is an honors graduate of the University of Minnesota Law School, and served as a judicial law clerk to Hon. Donald P. Lay, U.S. Court of Appeals, 8th Circuit. Amy also worked in the White House Office of Policy Development. Amy has served on a number of media and bar association committees and is currently a member of PR Boutiques International, an exclusive international network of small public relations firms led by industry leaders. She has received national awards for crisis communications, has published on the subject and is frequently interviewed by the media.

In addition to her professional work, Amy has co-chaired the Harvard College chapter of the Harvard University Club of Minnesota and led the college’s admissions efforts in Minnesota for many years. She has served on many nonprofit boards including WomenWinning, the Associated of Baltimore, the Girls Empowerment Mission (“GEM”) and Johns Hopkins Hillel. Amy has assumed leadership roles in presidential, senatorial and congressional campaigns. She regularly provides pro bono professional services to non-profits, political and religious organizations. She is a retired competitive figure skater.

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Cyber Security and Cyber Breach: What Lawyers and Their Law Firms Need to Know Now

About This Course

Lecturers for this Course

Spend less and get more

Dedicated CLE Manager

Riveting Content & an Exceptional Library

Free Customized CLE Tracker

Online, Audio CD, DVD, iOS/Android App, USB Stick

Want Different Options?

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