The Sedona Conference Working Group 11 Midyear Meeting 2024

Date:

Tuesday, October 29, 2024 - 8:45am to Wednesday, October 30, 2024 - 1:00pm

Event Location:

Offices of King & Spalding
1180 Peachtree Street, NE
Suite 1600
Atlanta, GA 30309

Register today for the 2024 Midyear Meeting of Working Group 11 on Data Security and Privacy Liability, to be held at the offices of King & Spalding in Atlanta, Georgia, on Tuesday-Wednesday, October 29-30, 2024. A welcome reception will be held in the evening of Monday, October 28, from 5:30-7:30 pm.

The meeting’s primary focus will be on new drafts and brainstorming group outlines in need of WG11 member review and comment, including the following:

Potential Second Edition of the Commentary on Law Firm Data Security
Data Privacy Primer, Second Edition
Online Tracking
Individual Liability for Data Security Failures
Potential AI Projects Update

The meeting will also feature the following sessions:

Privacy and Data Security Regulator Roundtable
Privacy and Data Security Litigation Update (including recent SCOTUS jurisprudence)
WG11 Town Hall

CLE

The Sedona Conference will seek CLE accreditation for this meeting in selected jurisdictions, as dictated by attendance.

Confirmed Dialogue Leaders

Julian Ackert iDiscovery Solutions iDS Washington, DC, USA	Kate Baxter-Kauf Lockridge Grindal Nauen PLLP Minneapolis, MN, USA	William Wallace Belt Jr. Complete Discovery Source, Inc Naples, FL, USA	Melissa Clark Ahdoot Wolfson PC New York, NY, USA
Melissa Dalziel Alston & Bird Atlanta, GA, USA	Anne Kathleen Davis Bleichmar, Fonti, & Auld, LLP Oakland, CA, USA	Justin Donoho Duane Morris LLP River Forest, IL, USA	Starr Turner Drum Polsinelli Birmingham, AL, USA
Arianna Evers WilmerHale Washington, DC, USA	Emily Fedeles New York, NY, USA	John C. Gray Lewis Roca Phoenix, AZ, USA	Josh Hansen Shook, Hardy & Bacon Denver, CO, USA
Hon. Joseph C. Iannazzone State Court of Gwinnett County Lawrenceville, GA, USA	Alice Jou Federal Communications Commission Washington, DC, USA	David Kalat Berkeley Research Group Chicago, IL, USA	Jerami D. Kemnitz Littler Mendelson P.C. Minneapolis, MN, USA
Robert Kirtley iDS Saint Charles, IL, USA	Hon. Cynthia D Mares (ret.) Axon Global Centennial, CO, USA	Wayne Matus SafeGuard Privacy Inc. Sarasota, FL, USA	Colman McCarthy Shook, Hardy & Bacon, LLP Kansas City, MO, USA
Douglas Meal Cleveland State University College of Law Boston, MA, USA	David Moncure Crowe Spring, TX, USA	Tim Murphy Pennsylvania Office of Attorney General Philadelphia, PA, USA	John J. Neumon Connecticut Attorney General's Office Hartford, CT, USA
Hon. Kimberly C. Priest Johnson (ret.) Plano, TX, USA	Brittany Resch Strauss Borrelli Chicago, IL, USA	Neil A. Riemann Parry Law PLLC Raleigh, NC, USA	Jim Shook Dell Technologies Johns Creek, GA, USA
Jake Simpson Crowe LLP Sarasota, FL, USA	Wendy J Wagner Gowling WLG Ottawa, ON, Canada	Kelly Walker Office of the Tennessee Attorney General Nashville, TN, USA	Jon Wilson Shook, Hardy & Bacon Washington, DC, USA
Kenneth J. Withers The Sedona Conference Phoenix, AZ, USA

WG 11 Midyear Meeting Agenda 2024

Time	Session	Panelists
	Monday, October 28, 2024
5:30 — 7:30 p.m.	Welcome Reception
	Tuesday, October 29, 2024
8:00 — 8:45 a.m.	Breakfast & Sign-in
8:45 — 9:00 a.m.	Welcome & Overview	Murphy, Withers
9:00 — 10:15 a.m.	[Session 01] Commentary on Law Firm Data Security, Second Edition
	The panel of brainstorming group members will lead a dialogue on its outline regarding whether a second edition of the Commentary on Law Firm Data Security ("Commentary") is warranted because of the changes in law and technology, omissions in the original product, or newly developed needs for guidance. The original Commentary, published in 2020, includes a discussion of how organizations should communicate with outside counsel about their data security practices. The Commentary also includes model clauses for engagement letters as well as a sample questionnaire corporate clients could provdie to their law firms to assess data security readiness.	Hon. Priest Johnson (ret.), Kemnitz, Kirtley, Moncure*, Riemann, Wilson
10:15 — 11:15 a.m.	[Session 02] Potential AI Projects Update
	The panel will present, and lead a dialogue with WG11 membership in attendance regarding, the proposal of the current WG11 AI brainstorming group that a drafting team be formed to prepare a Commentary regarding certain statutory clarifications and/or interpretations that the brainstorming group believes are needed in order for the Colorado Privacy Act (Colo. Rev. Stat. §§ 6-1-1301 et seq.) and Colorado AI Law (Colo. Rev. Stat. §§ 6-1-1701 et seq.) to be read consistently with one another when a business is using AI in the hiring process. In addition, the panel will present and/or seek feedback from the WG11 membership regarding other AI-related privacy and/or data security legal issues that might be the basis for forming future WG11 AI brainstorming groups.	Ackert*, Belt, Dalziel, Simpson
11:15 — 11:30 a.m.	Morning Break
11:30 — 12:45 p.m.	[Session 03] Individual Liability for Data Security Failures
	The panel of brainstorming group members will lead a dialogue on its outline regarding whether it is useful to develop a Commentary identifying the legal basis for data security failures that could lead to individual liability (whether civil or criminal); whether the liability is unique to data security obligations or derived from general management or fiduciary responsibilities; differences in the application of the requirements (i.e., is accountability based upon specific knowledge, intent or negligence); and whether there should be guidelines to help individuals protect against such liability.	Donoho, Gray*, Hon. Mares (ret.), Shook
12:45 — 2:00 p.m.	Lunch
2:00 — 3:15 p.m.	[Session 04] Town Hall
	WG11 Steering Committee members will lead a dialogue on progress made on the work product of WG11, and by WG11 as a whole. WG11 member input will be sought regarding the future direction of WG11, including ideas for existing and new commentaries and projects.	Baxter-Kauf, Drum, Evers, Kemnitz, McCarthy, Meal, Moncure, Murphy*, Shook
3:15 — 3:30 p.m.	Afternoon Break
3:30 — 5:00 p.m.	[Session 05] Privacy and Data Security Regulator Roundtable
	The panel of key U.S. privacy and data security regulators will participate in a roundtable discussion of their offices’ current priorities in the privacy and data security space. The discussion will encompass new legislative and rule-making initiatives in which the regulators’ offices are involved, as well as their offices’ current enforcement focal points and investigatory processes.	Jou, Murphy*, Neumon, Walker
5:00 — 7:00 p.m.	Reception (guests invited)

	Wednesday, October 30, 2024
8:00 — 9:00 a.m.	Breakfast & Sign-in
9:00 — 10:15 a.m.	[Session 06] Privacy and Data Security Litigation Update
	The panel will lead a dialogue on not only the most significant court decisions, including recent Supreme Court jurisprudence, regarding privacy and data security in the past year, but also court filings that raise novel claims and defenses (even if the cases themselves are pending or have settled), with the goal of bringing WG11 members up-to-the-minute on where the case law currently is – and more importantly, where it could be heading in the future.	Donoho, Hon. Iannazzone, Meal*, Resch
10:15 — 10:30 a.m.	Morning Break
10:30 — 11:45 a.m.	[Session 07] Online Tracking
	The panel of drafting team members will lead a dialogue on their efforts in drafting a Commentary based on the work of the Online Tracking brainstorming group (found here). Dialogue leaders will discuss how they chose which principles to focus on from the brainstorming group and how they arrived at consensus for inclusion, as well as the latest developments in case law and technology related to online tracking. Dialogue leaders will also seek member feedback on the proposed draft, topics for inclusion, and consensus-building.	Clark, Kalat, Matus*, Yannella
11:45 — 1:00 p.m.	[Session 08] Data Privacy Primer, Second Edition
	The panel of WG11 drafting team members will lead a dialogue on their draft Second Edition of the Data Privacy Primer ("Primer") that, among other updates, (1) revises the Primer to address key U.S. federal and state legislative and regulatory changes and case law updates since its publication and 2) expands the Primer to include certain international privacy laws.	Davis, Fedeles, Hansen, Kemnitz, McCarthy*, Wagner
1:00 — 2:00 p.m.	Grab-&-Go Lunch (provided)

*Panel Moderator

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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.