The Sedona Conference Working Group 11 Annual Meeting 2023

Date:

Thursday, May 4, 2023 - 8:45am to Friday, May 5, 2023 - 1:00pm

Location:

The Brown Palace Hotel and Spa, Denver, Colorado

The 2023 Annual Meeting of Working Group 11 on Data Security and Privacy Liability (WG11) will be held at The Brown Palace Hotel and Spa in Denver, Colorado, on Thursday-Friday, May 4-5, 2023. A welcome reception will be held in the evening of Wednesday, May 3, from 5:00-7:00 pm.

Session Information

Following a keynote address and Q&A with the Colorado Attorney General, Phil Weiser, the meeting’s focus will turn to new drafts and brainstorming group outlines in need of WG11 member review and comment, including the following topics:

Incident Response Guide, Second Edition
Data security and privacy in healthcare
Exploring greater efficiencies in data breach and privacy class action litigation
Ransomware payments

In addition, the meeting will feature the following sessions:

Privacy and data security legislative and regulatory update
AI: regulatory landscape
Children’s data privacy
WG11 town hall

Hotel Reservation Information

We have obtained a very favorable room rate at The Brown Palace Hotel and Spa of $229 per night (plus tax) for a limited block of rooms on the nights of May 3-4. For those who wish to arrive early, leave late, or otherwise extend their stay, the group rate is available for three nights preceding and three nights following the dates of the room block, subject to room availability. Accordingly, if you wish to book for additional nights, you should do so as soon as possible. This room block expires on April 12. Reservation information will be provided in your meeting registration confirmation email.

CLE

The Sedona Conference will seek CLE accreditation for this event in selected jurisdictions (except Virginia), as dictated by attendance.

Dialogue Leaders

Julian Ackert iDiscovery Solutions iDS Washington, DC, USA	David Berger Gibbs Law Group LLP Oakland, CA, USA	Katherine Booth McCarthy Tetrault LLP Vancouver, BC, Canada	Maureen M. Brady McShane & Brady, LLC Kansas City, MO, USA
Robert E. Cattanach Dorsey & Whitney LLP Minneapolis, MN, USA	Katherine Chaves Dorsey & Whitney LLP Minneapolis, MN, USA	Chris Cronin HALOCK Security Labs Schaumburg, IL, USA	Anne Kathleen Davis Bleichmar, Fonti, & Auld, LLP Oakland, CA, USA
Starr Turner Drum Polsinelli Birmingham, AL, USA	Emily Fedeles New York, NY, USA	John C. Gray Lewis Roca Phoenix, AZ, USA	Eric B. Gyasi BakerHostetler LLP New York, NY, USA
Serge D. Jorgensen Crowe LLP Sarasota, FL, USA	Amy E. Keller DiCello Levitt LLP Chicago, IL, USA	Anya Korolyov HaystackID Chicago, IL, USA	Colman McCarthy Shook, Hardy & Bacon, LLP Kansas City, MO, USA
Matthew Meade Eckert Seamans Pittsburgh, PA, USA	Douglas Meal Orrick Herrington & Sutcliffe LLP Cleveland State University College of Law Boston, MA, USA	David Moncure Crowe Spring, TX, USA	J. Austin Moore Stueve Siegel Hanson LLP Kansas City, MO, USA
Tim Murphy Pennsylvania Office of Attorney General Philadelphia, PA, USA	Jon Polenberg Becker Fort Lauderdale, FL, USA	Ruth Elizabeth Promislow Bennett Jones LLP Toronto, ON, Canada	Corban S. Rhodes DiCello Levitt LLP New York, NY, USA
Dalia Ritvo Colorado Office of the Attorney General Denver, CO, USA	Sara E. Romine Lockton Companies Dallas, TX, USA	Andrew Russell Shaw Keller LLP Wilmington, DE, USA	Alfred Saikali Shook, Hardy & Bacon L.L.P. Miami, FL, USA
David C. Shonka Redgrave LLP Chantilly, VA, USA	Jim Shook Dell Technologies Johns Creek, GA, USA	Joseph Warren Swanson Foley & Lardner LLP Tampa, FL, USA	Jill Szewczyk Colorado Office of the Attorney General Denver, CO, USA
Jim A. Trilling Federal Trade Commission Washington, DC, USA	Jami Mills Vibbert Arnold & Porter New York, NY, USA	Phil Weiser Colorado Attorney General Denver, CO USA	Viviana A. Wesley HALOCK Security Labs Mount Juliet, TN, USA
Jonathan M. Wilan Sidley Austin LLP Washington, DC, USA	Zachary Willenbrink Godfrey & Kahn S.C. Milwaukee, WI, USA	Phil Yannella Blank Rome Philadelphia, PA, USA

WG11 Annual Meeting 2023 Agenda

Time	Session	Panelists
	Wednesday, May 3, 2023
5:00 — 7:00	Welcome reception
	Thursday, May 4, 2023
7:45 — 8:45	Breakfast & sign-in
8:45 — 9:00	Welcome & overview	Drum, Weinlein
9:00 — 9:30	Colorado Attorney General Phil Weiser	Weiser
	Attorney General Weiser will deliver a keynote speech and then take questions from WG11 members.
9:30 — 10:45	Incident Response Guide, Second Edition	Booth, Cattanach, Korolyov, Meade*, Swanson
	A panel of WG11 drafting members will lead a dialogue with all attendees on their draft of a Second Edition of the Incident Response Guide that, among other updates, addresses: (1) international incident response in detail; (2) emerging types of incidents, including ransomware; and (3) key legislative changes since January 2020.
10:45 — 11:00	Morning break
11:00 — 12:15	Data security and privacy in healthcare	Brady, Cronin, Moore, Romine, Vibbert*
	A panel of WG11 brainstorming group members will lead a dialogue on their outline that assesses and recommends areas in the healthcare space where Sedona can develop guidance - such as model standards - to move the law foward. The brainstorming group (1) analyzed the current legal landscape concerning the scope of medical and health information and its associated privacy and security protections, and (2) assessed current legal requirements and common practices around obtaining consent for processing and use of healthcare and related information.
12:15 — 1:15	Lunch
1:15 — 2:30	Ransomware payments	Gray, Gyasi, Polenberg, Shook*, Willenbrink
	A panel of drafting team members will lead a dialogue on their progress in exploring issues related to statutory liability associated with ransomware payments, including the development of a framework for measuring that liability. The drafting team is performing an independent analysis of how and why OFAC has applied a strict liability approach in the past.
2:30 — 3:45	Privacy and data security legislative and regulatory update	Murphy, Ritvo, Shonka*, Szewczyk, Trilling
	The panel will lead a dialogue on some of the most important updates in the U.S. federal legislative and regulatory space. It will also focus on important updates in U.S. state legislative and enforcement activity, focusing particularly on the enhanced consumer privacy laws taking effect throughout the year.
3:45 — 4:00	Afternoon break
4:00 — 5:00	WG11 town hall	Drum*, Jorgensen, Keller, Meal, Moncure, Promislow, Saikali, Wilan
	WG11 Steering Committee members will lead a dialogue amongst the WG11 members in attendance on progress made on the work product of the Working Group, and by the Working Group as a whole. WG11 member input will be sought regarding the future direction of WG11, including ideas for existing and new commentaries and projects.
5:00 — 7:00	Reception (guests invited)

	Friday, May 5, 2023
8:00 — 9:00	Breakfast & sign-in
9:00 — 10:15	AI: Regulatory landscape	Ackert, Fedeles, Promislow*, Russell, Wilan
	The European Union's (EU) AI Act seeks to establish the first comprehensive regulatory scheme for artificial intelligence. The impact of the regulation - which could be adopted by the end of 2023 - will extend beyond EU borders and will have substantial impact on data governance practices and corresponding legal exposure for organizations worldwide. At the same time, other jurisdictions (e.g. UK and Canada) have prepared proposals for the regulation of AI, and in the US, a patchwork of regulation and guidance at the state and federal level is beginning to emerge. This panel will lead a dialogue on the emerging legal issues from the EU Act as well as the intersection of the regimes in different jurisdictions and explore whether there are specific privacy and data management issues that could benefit from consideration by a brainstorming group.
10:15 — 10:30	Morning Break
10:30 — 11:45	Children's data privacy	Drum*, McCarthy, Rhodes, Trilling
	An estimated one of every three online users is under the age of 18. Perceived unique risks of online conduct of and content presented to minors has fostered a renewed focus on how the legal system can be leveraged and adapted to ensure the protection of children's data privacy. During the past few years, legislators, regulators, and litigants have refocused their energy on protecting children's data privacy through new laws, enforcement actions, and lawsuits. This panel will examine this evolving legal landscape and explore whether WG11 should consider a brainstorming group to address this important topic.
11:45 — 1:00	Exploring greater efficiencies in data breach and privacy class action litigation	Berger, Chaves, Davis, Rhodes, Wesley, Yannella*
	A panel of WG11 brainstorming group members will lead a dialogue on their outline that explores whether there are procedural or substantive changes to the current legal regime applicable to data breach and privacy class actions that would get such actions ripe for resolution more efficiently and cost-effectively. The panel will continue truly open dialogue exploring the strengths and weaknesses of litigation positions being taken today by both sides in data breach and privacy class actions, and how the current rules of the road might be changed to reduce litigation costs in such actions.
1:00 — 2:00	Grab-and-go lunch (provided)

Date:

Thursday, May 4, 2023 - 8:00am to Friday, May 5, 2023 - 1:00am

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You must be a Working Group Series (WGS) member, and logged in, in order to register for the Meeting.

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Meeting Registration

Regular Registration Fee:	$1495 USD
Government & Non-Profit Employee Registration Fee:	$1295 USD

If you qualify for a discount, but are not able to obtain it when registering, please contact our office at [email protected] for further assistance.

Our financial aid policy is available upon request.

Refund Policy

Refunds are available for cancellations made at least 21 days before the program is scheduled, less any credit card processing fees charged to The Sedona Conference. For cancellations made within 21 days of the program, no refunds are available but substitution of another individual from the same organization is permitted or a credit can be requested to be applied to a future Sedona program.

The Sedona Conference Working Group 11 Annual Meeting 2023

Dialogue Leaders

WG11 Annual Meeting 2023 Agenda

Become a Member

Meeting Registration

Refund Policy

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