The Sedona Conference Working Group 11 Midyear Meeting 2023

On November 2nd and 3rd, Partner James J. Pizzirusso and Associate Ian J. Engdahl will be panelists during the 2023 Midyear Meeting of The Sedona Conference Working Group 11 on Data Security and Privacy Liability (WG11).

James will join the panel, “Online tracking,” where the panelists will discuss online tracking and retargeting technologies increasingly present unique challenges to organizations’ legal and marketing teams as technologies evolve, compliance obligations change, and laws that have been in place for years like the Video Privacy Protection Act and two-party wiretapping statutes are being reinterpreted and tested by consumers in online marketing contexts. A panel of brainstorming group members will lead a dialogue on their outline, which evaluates the evolving online tracking legal landscape and assesses whether one or more topics in this arena could be appropriate for an eventual Commentary. James will be joined by Kate Baxter-Kauf of Lockridge Grindal Nauen PLLP, Jenn Odell Hatcher of Shook, Hardy & Bacon, and Wayne Matus of SafeGuard Privacy Inc.  

Ian will join the panel “A KYC model for data breaches?”. The panel will explore how threat actors are highly incentivized to successfully acquire information necessary for identity theft, insurance fraud, and bank fraud. This panel will consider whether more proactive legal measures should be taken to reduce the ability for these criminals to use the data they’ve stolen. For example, credit card companies have dedicated substantial efforts and funds to reduce the value of stolen credit cards and have declared that merchants not adequately confirming the validity of a card pre-acceptance will be responsible for the charge. Should other entities that allow fraudsters to convert stolen information into cash by filing claims, opening accounts, and otherwise monetizing their crime bear some of the cost and burden for fraud committed by threat actors? Ian will be joined by Julian Ackert of iDiscovery Solutions, Chris Cornin of Halock Security Labs, Eric B. Gyasi of BakerHostetler LLP, and Serge D. Jorgensen of The Sylint Group.