Connect on Tech

In this episode, Cynthia Cole, IP & Technology Partner based in Palo Alto, is joined by Jerome Tomas, Chair of the Firm’s Securities and Exchange (SEC) and Financial Institutions Enforcement Group based in Chicago, as the two discuss the SEC’s recently issued Final Rules for Cyber and what this means for public companies. Listen in to learn more about: Why should you care? The SEC has brought enforcement actions before based on data breach disclosure-what’s different now?   Will this bring on a flood of disclosure about security incidents? What is the “materiality” standard and how does it apply here?  Do the final rules actually do away with the aggregation of incidents principle as outlined in the proposed rules?  How the SEC will be checking your defined terms in your incident response plans-make sure your terms are consistent across all incidents and across all functions  Read our key takeaways blog post on the Final Rules here for more information.

In the second of this two-part series, Brian Hengesbaugh, Global Chair of Privacy and Security at Baker McKenzie is joined by Cyrus Vance Jr., Global Chair of Cybersecurity, as the two continue their discussion on cybercrime, focusing on the National Cybersecurity Strategy recently released by the White House, which seeks to address cyber risk and resiliency in America. Listen in to hear their views about: The National Cybersecurity Strategy framework, highlighting key takeaways of the five pillars: i) defend critical infrastructure; ii) disrupt and dismantle threat actors; iii) shape market forces to drive security and resilience; iv) invest in a resilient future; and v) forge international partnerships to pursue shared goals; and The role of the federal government to help stabilize insurance markets against catastrophic cyber events and foster business continuity as organizations navigate the global challenges of cybercrime.

In the first of this two-part series, Brian Hengesbaugh, Global Chair of Privacy and Security at Baker McKenzie, is joined by Cyrus Vance Jr., Global Chair of Cybersecurity, as the two discuss the alarming increase in cybercrimes, looking broadly at the trends, public safety risks and legal implications for the business community, particularly as it pertains to boards and senior management navigating the current threat landscape. Listen to learn more about: Why it is difficult to combat cybercrime and hold criminals accountable The importance of multijurisdictional cooperation and public-private partnerships in fighting cybercrime How geopolitical challenges and tensions will impact the outlook of cybercrime What global companies and boards should understand about threat actors as cybercrimes become increasingly sophisticated in today’s environment Want to Learn More?Stay tuned for part two of this podcast series, which will focus on the National Cybersecurity Strategy.

In this episode, Brian Hengesbaugh, Global Chair of Privacy & Security, is joined by Ben Slinn, senior associate in London, as they discuss data privacy predictions across the globe for the year ahead. Listen in to hear about: The data protection regime in the UK post Brexit and what lies ahead Trends and issues that we are seeing from an EU perspective Key developments and significant changes on the horizon outside of the EU For a more in-depth summary, view our blog post on 2023 trends and predictions linked here.

In this episode, Brian Hengesbaugh, Global Chair of Privacy and Security, is joined by Anne Petterd, privacy and cybersecurity partner based in Sydney, as they discuss privacy in the metaverse, highlighting key concerns at the intersection of these two complex and cutting-edge issues. The two explore universal topics of trust, transparency and how they relate to personal data protection in the digital environment. Listen in to hear more about: What is the metaverse? Who controls it? What are the types of immersive applications and business uses? Big ticket privacy issues for businesses who are entering or wish to establish a metaverse presence The range of laws and implications including online safety, bystander privacy and online surveillance

In this episode, Brian Hengesbaugh, Chair of Global Privacy and Security, is joined by Rachel Ehlers, Privacy and Cybersecurity partner based in Texas, as they discuss the heightened focus on biometrics and key data privacy issues surrounding this prevalent technology. Listen in to hear about: an overview of the key laws that govern biometric data enforcement and litigation trends in this space considerations for in-house attorneys with regard to biometrics in the context of their privacy and security programs

In this episode, Brian Hengesbaugh, Global Chair of Privacy and Security, is joined by Cynthia Cole, IP, Data and Technology partner based in Palo Alto, as they discuss top-of-mind issues for global companies with respect to data and IP risk and reward in M&A. As a former CEO and General Counsel, Cynthia has extensive experience in a wide variety of complex technology and IP alliances and transactions, and offers her unique perspective on key issues facing companies amidst the current economic landscape. Listen in to hear about: How market trends (inflation, a high dollar and recent layoffs) are impacting M&A activity Various approaches (from the buy-side and sell-side) to evaluate risk and privacy program maturity Tips to manage risk in the deal with respect to timing and the merger agreement itself Outlook for companies who want to take advantage of current opportunities

In this episode, Manh Hung Tran, head of the Intellectual Property and Technology Practice Group in Vietnam, is joined by Dominic Edmondson, Special Counsel in our IP Tech group based in Hong Kong, as they discuss the latest developments in the data privacy landscape in Asia. Listen in to learn about the wave of new privacy laws across the region and the new sets of requirements that they entail, as well as: How GDPR has influenced legislation in the region, including in key jurisdictions such as Vietnam, Thailand, China and Japan Practical considerations for companies to ensure compliant activities in light of the recent changes in privacy law requirements Key data privacy trends and developments in the region to expect in 2022 and beyond

In this episode, Paul Glass, head of Cybersecurity in the UK, is joined by Teresa Michaud, co-chair of the North America Class Action subgroup, and Stephen Reynolds, partner based in Chicago, as they discuss consumer class actions in relation to data breaches and security incidents. Listen in to hear about: overriding themes that have characterized the last year of US class action litigation cybersecurity and data privacy trends and significant developments in the class action space, including post-Ramirez standing challenges and the effect of new state legislation best practices for preparing for class action litigation and predictions for the years ahead

In this episode, Brian Hengesbaugh, Global Chair of Data Privacy and Security, is joined by Stephen Reynolds, partner in Chicago, as they discuss the Strengthening American Cybersecurity Act, a law recently signed by President Biden, which requires key businesses to report certain ransomware incidents to the Cybersecurity and Infrastructure Security Agency (CISA). Listen in to hear about: An overview of the new law, including key elements such as mandatory reporting requirements, timelines and which “critical infrastructure” sectors are affected by the legislation How the scope and ambiguity of the new law impacts organizations and complicates the response process effort What to expect in terms of engaging with CISA and how to preserve privilege applying to such communications How to manage and coordinate the new reporting mandates with existing incident reporting obligations Suggested action items to help companies address top-of-mind concerns and challenges they encounter as ransomware continues to be a prevalent threat

In this episode, Harry Valetk is joined by partners Francesca Gaudino, based in Milan, and Michaela Nebel, based in Frankfurt, as they discuss privacy notice obligations. Listen in to hear about whether or not data privacy notifications are still relevant and other key considerations that may be overlooked including: How often companies and data protection officers should review their notices Employee vs. customer privacy notices Online vs. offline privacy notices Language requirements and more

In this episode, Brian Hengesbaugh, Global Chair of Data Privacy and Security, is joined by Cy Vance, Global Chair of Cybersecurity based in New York, as they discuss the current cybersecurity threat landscape from a government, enforcement and litigation perspective. Listen in to hear about: ● Cy’s background as the former Manhattan District Attorney for 12 years, including his experience focusing on cybersecurity issues and building the District Attorney Office’s capability to address emerging threats to critical infrastructure ● Key steps to prepare for and protect against cyber-attacks in this current threat environment ● Ransomware payments and what factors organizations may want to consider from both public policy and practical perspectives in deciding whether to pay a ransomware actor

In this episode of Connect On Tech, your host Adam Aft, Co-Head of Baker McKenzie’s Global Technology Transactions group is joined by Alexandra Coti, senior associate in our Paris office, to discuss The Data Business Booster, Baker McKenzie’s innovative new legal assessment tool. In this episode, you will learn about: ● How the tool helps organizations understand the current state of their data management and protection when using and sharing data ● What led to the development of the tool, how it works and the feedback it provides ● How the tool’s output helps companies facilitate conversations to ensure a balance of business purpose, risk management and maximizing benefits of data

In this episode of Connect On Tech, your host Brian Hengesbaugh is joined by Stephen Reynolds, data privacy and security partner in our Chicago office, to highlight developing trends surrounding the Log4j security vulnerability. In this episode, you will learn about: ● Log4j: what it is and why it’s important ● What organizations should be doing to prepare for and prevent a security event ● Legal risks and potential issues associated with this vulnerability

In this Connect on Tech episode, Brian Hengesbaugh is joined by Ben Slinn to discuss the increased focus on and heightened protection around children’s data in the UK. Ben, a leading privacy attorney in our London office, reviews the new UK Age Appropriate Designs Code, intended to address key areas affecting data of children under the age of 18 with respect to online services. The Code, which companies are required to comply with from September 2, 2021, includes 15 standards of age appropriate design relevant to online services likely to be used by children under the age of 18. Listen to hear more on the standards of the UK Age Appropriate Designs Code, and similar developments in jurisdictions such as Ireland, the Netherlands and France.

Brian Hengesbaugh and Julia Wilson, a leading employment and privacy partner in our London office, join for this episode of Connect on Tech to discuss privacy in the work place and key issues employers are facing.  In this podcast, Brian and Julia take a deep dive into four key areas employers must carefully navigate in the data and privacy realm – i) the processing of testing and vaccination data, ii) employee monitoring in various guises from clever technology that tracks activity, to lo-tech activities such as keeping secret files about employees, iii) ability to process diversity and inclusion data to better understand workplace equality issues, and iv) the use of AI in the employment context, particularly in recruitment.   Brian and Julia reflect on how these topics require a holistic approach to employment and privacy considerations, in order to get the right balance and be compliant.

Brian Hengesbaugh is joined by Michaela Nebel  to discuss the enforcement of Schrems II, the decision of the Court of Justice of the European Union from last July 2020 where they invalidated the EU-US Privacy Shield with a focus on US government surveillance activities. This podcast looks squarely into enforcement activities in the aftermath of Schrems IIin Germany, and provides insight into the “coordinated audits of international data transfers” announced by various German data protection authorities on June 1, 2021.

In this episode of Connect on Tech, our host, Brian Hengesbaugh is joined by Francesca Gaudino, partner and head of Baker McKenzie’s Information Technology & Communications Group in Milan to discuss the EU Digital COVID Certificate that will facilitate safe free travel of citizens in the EU during the COVID-19 pandemic. On June 1, a month ahead of schedule, seven member states have decided to connect to the gateway and are issuing certificates, with more countries to join in the coming days and weeks. Join this episode to learn more about: ● the types of certificates being issued ● how the certificate will work ● features of the certificate ● data protection around personal information and certificate

Partners Peter Chan and Valerie Mirko join Brian Hengesbaugh to discuss the SEC and cybersecurity, leveraging their own experiences with the agency to give an overview of the past, present and future. Listen to learn about: ● The evolution of the SEC’s focus on cybersecurity, particularly with regard to financial institutions ● An insider’s take on what may trigger SEC investigation ● What’s in store with the Biden administration and how companies should prepare

Bradford Newman joins Brian Hengesbaugh to cover the latest in the use of artificial intelligence in hiring and recruiting. Listen to hear: ● how the use of AI in hiring and recruiting can open companies up to new liabilities ● what the December 8th letter to the EEOC on AI hiring tools reveals about potential scrutiny of these tools under the Biden administration ● Brad’s suggestions for companies using or considering using AI-powered hiring tools

Adam Aft and Peter George join the show to discuss the findings of Baker McKenzie’s latest Digital Transformation and Cloud Survey, which captures major trends and attitudes toward the use of data through a global lens of respondents in legal, technology and procurement roles, across major industries. Listen to hear: ● What’s new in this edition of the survey ● Key trends identified ● What’s on the horizon for cloud with the new Biden administration

Brian Hengesbaugh and Partner Paul Glass dissect the recent guidance issued by the ICO in response to the SoldWinds cyber attack. Listen to hear: ● an overview of what the guidance says ● why the ICO decided to release guidance in regards to this incident ● how companies should best approach the 72-hour notification rule.

Harry Valetk, a partner in our New York office, joins Brian Hengesbaugh to discuss the global privacy issues surrounding COVID-19 vaccinations. Tune in to hear: ● the immediate privacy issues to consider in regards to the vaccine ● whether a privacy impact assessment is warranted ● the privacy perspective on employers mandating vaccination.

Brian Hengesbaugh is joined by Jessica Nall, partner in Baker McKenzie’s San Francisco/Palo Alto office. Jessica and Brian discuss the series of cybersecurity incidents former giant Yahoo experienced in 2013 and 2014, and Jessica’s lessons learned as a lead attorney representing individuals in those cases in the following government investigations in 2016. Listen in to hear: ● What went wrong in the case, and why those failures remain relevant today ● How companies can avoid becoming a target for a major cybersecurity enforcement case ● Jessica’s thoughts on trends in government enforcement in cybersecurity in light of a new incoming administration

Brian Hengesbaugh is joined by Marcela Robledo, partner in Baker McKenzie’s San Francisco office, to discuss trends in technology transactions. Tune in to hear about: ● Diligence companies should perform on vendors prior to completing a transaction ● Contractual provisions that can be implemented to mitigate risk ● Tips on negotiating with vendors who aren’t keen to compromise

In the first episode of our Digital Commerce, Marketing and Advertising Series, London Partners Helen Brown and Julia Hemmings are joined by Lauren McGuirl, Director of Commercial Disputes at CEDR, to talk about the forthcoming P2B Regulation, that comes into force on July 12, 2020. We take a look at: ● the implications for platforms and the businesses who rely on them ● the threshold questions – which arrangements does the regulation apply to? ● the dispute resolution curve – including the interplay between the complaint handling mechanism and mediator requirements ● and finally, we discuss some of the more thorny questions we have encountered so far when advising clients, such as termination for convenience, ranking and differential treatment.

Brian Hengesbaugh is joined by Ben Slinn (Associate, London) and Brandon Moseberry (Partner, Chicago) to discuss developments around Children’s data in the United Kingdom and United States. Tune in to hear: ● Overview of the final version of the UK ICO’s Age-Appropriate Design Code of Practice for Online Services ● Things companies should do now to address the new code ● General guidelines to follow in the US in regards to children’s data

Joanna de Fonseka, a senior associate in Baker McKenzie’s London office, joins host Brian Hengesbaugh to discuss the use of contact tracing apps in the United Kingdom. Download and listen to learn: ● Takeaways from the recent guidance from the ICO on contact tracing apps ● Key privacy considerations as the use of contact tracing apps becomes a reality in the midst of the COVID-19 pandemic ● Developments at the EU level regarding contact tracing apps and mobility data

In this episode, Brian Hengesbaugh is joined by Alyssa Auberger, Global Chair of Baker McKenzie’s Consumer Goods & Retail (CG&R) industry group, to discuss how the COVID-19 pandemic has accelerated existing trends and created new ones in the CG&R space. Download and listen to learn: ● How consumer behavior may be altered and what that means for brands ● How tech will help brands become more effective in the future ● Alyssa’s tips for CG&R companies doing business now and in a post-pandemic world

In this episode, Brian welcomes back Lothar Determann, partner in our Palo Alto office, to cover the ins and outs of electronic signatures. Download and listen to learn: ● The benefits of using e-signature over traditional pen and paper ● Examples of areas of law where e-Signatures may not suffice ● Practical considerations to be made when choosing to execute a contract via e-signature

In this episode of Connect On Tech, your host Brian Hengesbaugh is joined by Amy de La Lama, a partner in our Chicago office. Amy and Brian discuss a top of mind topic: telehealth, and the changes to US privacy regulations or enforcement priorities that evolve in response to the COVID-19 pandemic. You will hear: ● A summary of the current regulatory environment in the US regarding to privacy and telehealth ● How US authorities taken steps to promote telehealth, including by announcing changes in enforcement ● Amy’s thoughts on what telehealth providers should be thinking about going forward

In this episode of Connect On Tech, your host Brian Hengesbaugh is joined by Lothar Determann, a partner in Baker McKenzie’s Palo Alto office. Lothar and Brian discuss the finalization of the California Consumer Privacy Act. You can expect to hear: ● Lothar’s predictions for timing and substance of the final CCPA regulations ● Aspects of the draft regulation that may pose issues as stands ● Potential new privacy legislation to come from California in the future

In this episode of Connect On Tech, your host Brian Hengesbaugh is joined by Francesca Gaudino, a partner in our Milan office. Francesca reports on the on-the-ground situation in Italy in light of COVID-19 and issues Italian employers are facing. You will learn: ● If Italian employers can perform temperature checks on employers and visitors ● What measures can be taken by Italian employers to protect their workforces ● Actions Italian employers can take if they discover an employer has COVID-19

In this episode of Connect On Tech, your host Brian Hengesbaugh is joined by Ben McLaughlin, Global Chair of Baker McKenzie’s Healthcare & Life Sciences Group. Together Brian and Ben discuss healthcare data in the context of mergers and acquisitions. You will hear: ● An outline of the major players and issues surrounding acquisition of healthcare data. ● The number one issue keeping healthcare GCs up at night. ● Details on regulatory restrictions emerging to protect healthcare data.

In this episode of Connect On Tech, your host Brian Hengesbaugh is joined by Bill Rowe, a partner in Baker McKenzie’s Chicago office who focuses on mergers and acquisitions including acquisitions of tech targets and IP based businesses. The episode covers: ● How next generation intellectual property assets are affecting the type of M&A transactions being pursued ● How ”compliance culture” diligence can help companies navigate potential privacy issues in transactions ● Bill’s tips for companies acquiring tech targets

In this episode of Connect On Tech, your host Brian Hengesbaugh talks with Nikolaus Reinhuber, Global Chair of Industrials, Manufacturing and Transportation at Baker McKenzie about Back to the Future, our latest report exploring the future of Industrials. In this episode, you will learn about: ● The key findings of the report, which were pieced together following 700+ conversations with industry leaders around the world ● Challenges and opportunities arising for Industrial companies as technology and the world evolves ● Nikolaus’ thoughts on why sustainability has become a major issue affecting the industry now and in the future

In this episode of Connect On Tech, your host Brian Hengesbaugh is joined by Jose Moran, a partner in Baker McKenzie’s Chicago office and chair of the Firm’s Energy, Mining and Infrastructure Industry Group. Through their conversation, you will learn about: ● Examples of digital transformation across the Energy, Mining and Infrastructure industry ● Trends in investments in smart power and impact on consumers ● Jose’s thoughts on key legal issues and regulatory challenges around data and technology in the industry

In this episode of Connect On Tech, your host Brian Hengesbaugh is joined by Teresa Michaud, a partner in Baker McKenzie’s Los Angeles office. Together they will discuss the possible private litigation that may arise as a result of the California Consumer Privacy Act (CCPA). Tune in to learn: ● What clients are calling “the scariest aspect” of the CCPA ● How class action plaintiffs might bring suit outside of the data breach context ● Teresa’s practical tips for how companies can help protect themselves from litigation arising from the CCPA

In this episode, your host Brian Hengesbaugh is joined by Raffaele Giarda, a partner in our Rome office and Chair of Baker McKenzie’s Global Technology, Media & Telecommunications Industry Group, to discuss a hot topic in the mobility space: connected cars. In this episode, you will hear: ● The differences between connected cars and autonomous vehicles ● An overview of key legal developments surrounding the technology, including liability and data protection issues ● Raffaele’s thoughts on how future regulation will need to strike the right balance for all stakeholders involved

In this episode of ​Connect On Tech, host Brian Hengesbaugh speaks with Michaela Nebel (Partner, Frankfurt). Together they focus on the recently published guidelines from the European Data Protection Board (EDPB) on the territorial scope of application of the General Data Protection Regulation (GDPR). In this episode, you will learn: ● What advice and guidance came from the EDPB ● The basics elements of the extraterritorial application of GDPR ● Key aspects, concerns, and practical tips relating to the EDPB’s recently released guidelines on territorial reach

In this episode, your host Brian Hengesbaugh is joined by Benjamin Slinn, a senior associate in our London office, to discuss how data protection may look in a post-Brexit Europe. In this episode, you will learn about: ● What to expect during the transition period, which lasts until December 31, 2020 ● Potential changes in international data transfers after the transition period expires ● Practical steps from a data protection perspective that companies should consider taking to prepare for the end of the transition period

Joining host Brian Hengesbaugh this episode is Dr. Lukas Feiler, a partner in Baker McKenzie’s Vienna office. Brian and Lukas discuss breach notification in Austria under the European Union’s General Data Protection Regulation (GDPR). Specifically, how to deal with the 72-hour requirement and some of the related strategic decisions. In this episode, you will learn about: • What happens when Austrian data protection authorities follow up on a data breach notification • Whether having a “file early, file often” approach is beneficial or detrimental when it comes to potential data breaches • What the authorities focus on the most during their investigations and how a company can get all the formalities right

In this episode, your host Brian Hengesbaugh is joined by associates Danielle Benecke (San Francisco/Palo Alto) and Yoon Chae (Dallas). The three discuss the legislative and regulatory developments surrounding artificial intelligence. In this episode, you will learn about: • Definitions of AI and how these inform policy and regulation • Trends in AI legislation in the US and globally Recommendations, guidance, and advice on navigating the changing regulatory landscape for companies currently deploying AI or considering deploying AI

Joining this episode of Connect on Tech is Brandon Moseberry, a partner in Baker McKenzie’s Chicago office. Brandon will discuss cookies and trackers, a critical, complex issue. In this episode, you will hear: • What cookies and trackers are and how they work • Whether the usage of these cookies and trackers constitute a sale under the CCPABrandon’s predictions on further developments and solutions, as well as his tips on how companies should tackle this issue

Francesca Gaudino, a partner in Baker McKenzie’s Milan office, joins this episode of Connect on Tech to discuss the December 18th opinion issued by the Advocates General (AG) of the Court of Justice of the European Union on Data Protection Commissioner v Facebook Ireland (Shrems II). In this episode you will learn: • What this opinion means for the resolution of the case • View of the AG on standard contractual clauses and how this may affect companies from a practical perspective • Commercial implications of a final decision on Shrems II that follows the AG’s opinion

In this episode, Brian Hengesbaugh is joined by Flavia Rebello, a partner at Baker McKenzie in São Paulo, Brazil. Together, they discuss the new Brazilian data protection law. In this episode, you will hear: • An overview of the new law — what’s covered, key requirements, and when it comes into force • What the penalty structure will look like and whether there are private rights of action • Flavia’s tips for how companies can prepare for the new law

In this episode of Connect On Tech, your host Brian Hengesbaugh is joined by Adam Aft and Peter George, two partners in Baker McKenzie’s Chicago office. Together they will discuss the 2019 Cloud and Data Survey. Tune in to learn: Key trends identified through the survey Tips and strategies for managing multiple provider cloud implementations Best practices for navigating data residency requirements

In this episode of Connect On Tech, your host ​Brian Hengesbaugh is joined by Julia Kaufmann, a partner at Baker McKenzie in Munich. In this episode, you will learn about: The Planet49 case and the ruling of the Court of Justice of the European Union Broader implications this case has beyond sweepstakes operators, how it will impact all website operators, and the huge elements of change in regards to cookies and affirmative consent Open questions following the case