Welcome to the Primerus Webinar Series. As we navigate these new waters together without in-person meetings, we want to do all we can to ensure you still benefit from the Primerus knowledge base. If you would like to present or have a topic suggestion, please contact Katie Bundyra at kbundyra@primerus.com
Cyber Compliance & Its Impact on Litigation: Discovery
Presented by: Aaron Mutnick, Ken Rashbaum, Dale Thornsjo, and Paul Zimmerman
12:00 PM EDT
Litigation creates conflicts for parties who must comply with discovery requirements while also complying with numerous federal, state, and international data security and privacy requirements. From state privacy statutes to the GDPR, outside litigation counsel and their clients must conduct investigations and litigation in compliance with both sets of requirements imposed on them. The question becomes, how do litigants balance these respective obligations when they are inherently in conflict with each other. This program examines cyber-compliance issues in litigation, including providing comment on these conflicts in the current COVID-19 environment.
CLE/CEU Credits
We are no longer able to offer CLE and CEU for this program.
Live Interactive Q&A – Bring/Submit Your Questions
The panelists will be reserving time to answer specific questions from attendees and encourage those in attendance to come with questions prepared. If you would like specific questions addressed, you are invited to submit questions in advance to Katie Bundyra at kbundyra@primerus.com.
About Aaron Mutnick
About Ken Rashbaum
Kenneth N. Rashbaum advises multinational corporations and healthcare organizations in the areas of privacy, cybersecurity and e-discovery. He counsels multinational corporations on information governance and its compliance with federal, state, and non-U.S. laws; the interface of e-commerce and legal and regulatory liabilities in areas such as cybersecurity and breach response. Ken has vast experience in preparation of protocols for compliance with data protection and privacy laws in the U.S. and other countries; conduct of information security and data breach response assessments, investigations and remediation initiatives; and policies for social media legal and regulatory compliance.
Ken serves as special e-discovery counsel for complex litigation and in matters in which electronic evidence from beyond the U.S. is required. He has been recognized internationally as a thought leader in electronic discovery and disclosure, and has served as national e-discovery counsel for multinational pharmaceutical corporations and global e-discovery counsel in products liability and IP litigation. Ken was appointed to the faculty of the Federal Judicial Center for its September, 2010 session and the Georgetown Advanced E-Discovery Institute (November 2009 and December 2012 sessions) to lead sessions on international e-discovery issues and challenges.
In his capacity as a nationally known expert on data privacy, Ken counsels healthcare organizations on compliance with federal, state and judicial standards governing protected health information. He has served as HIPAA and privacy counsel to major hospital systems, health plans, physicians’ groups, cloud computing providers and health information application developers; advised academic hospital systems on protocols for implementation of electronic health records; and provided counsel on risk management issues in access, uses and disclosures of electronic patient information.
Ken is an Adjunct Professor of Law at Fordham University School of Law and had been a member of the Adjunct Faculty at the Maurice A. Deane School of Law at Hofstra University from 2013 – 2015.
Prior to joining Barton, Ken was a senior litigation partner in the New York office of Sedgwick LLP (formerly Sedgwick, Detert, Moran & Arnold) where he was the Co-Chair of the E-Discovery, Compliance and Data Management Practice Group.
About Dale Thornsjo
Dale Thornsjo focuses his Minnesota-based litigation practice on the continually evolving insurance coverage and liability issues raised in construction, products liability, toxic tort and environmental matters. He also continues his long-established practice of defending clients in mass tort, multiple-plaintiff or individual plaintiff cases in such diverse areas as asbestos, mold and “wet” buildings, building products, food adulterants and other substances.
Mr. Thornsjo has also represented insurers, manufacturers and other entities in jurisdictions such as Iowa, Michigan, New York, North Dakota, South Dakota and Wisconsin. He is a 1984 cum laude graduate of the William Mitchell College of Law (now Mitchell Hamline School of Law). He is a member of the Defense Research Institute and its Insurance Law Committee, and that Committee’s Commercial General Liability Subcommittee. As a member of DRI’s local arm, the Minnesota Defense Lawyers Association, he was a founding co-chairman of MDLA’s Insurance Law Committee, a past chair of the MDLA’s Toxic Tort and Environmental Law Committee, and is a member of its Construction Law Committee. He is also a member of the Federal Bar Association, and the Association of the Bar of the United States Court of Appeals for the Eighth Circuit.
Dale is a frequent lecturer and author on complex insurance coverage and product liability matters, and has testified before various committees of the Minnesota Legislature on insurance coverage and bad faith issues. Mr. Thornsjo chairs the Firm’s Insurance Coverage Practice Group and the Toxic Tort Practice Group. He has been recognized by his peers for inclusion in Best Lawyers®’ The Best Lawyers in America© publication, and has been selected as an insurance coverage “Super Lawyer” for many years.
About Paul Zimmerman
Paul Zimmerman can relate to his business owner clients. He’s run a business before and knows what it’s like to have every decision you make directly impact others and your ability to provide for your family. That’s why Paul appreciates the trust that clients place in Christian & Small, and approaches each engagement as a partnership between attorney and client because legal issues are also business issues.
Paul formerly taught paramedics. He says his days as an instructor help him talk to juries and people from all walks of life when he’s tried cases in both rural and metro Alabama courtrooms. It’s also helped him develop a better dialogue with firm clients. Paul believes that if he can educate clients about their situation, they will make better decisions, ask better questions, and hopefully, rest easier at night.
Paul serves on the firm’s technology committee.