Cybersecurity, government searches, #MeToo among business, technology highlights at ABA meeting in Chicago
Securing U.S. courts, business and elections from cyberattacks; privacy in the face of increased warrantless searches of electronic devices; and the implications of the #MeToo movement on the workplace are chief among business and technology issues that will be explored at the 2018 American Bar Association Annual Meeting Aug. 2-7 in Chicago.
High-profile speakers at the meeting include Deputy Attorney General Rod Rosenstein of the U.S. Department of Justice (Aug. 2, 4:30 p.m.); Tina Tchen, founder of the Time’s Up Legal Defense Fund (Aug. 2, 2:30 p.m.); former U.S. Attorney General Eric Holder Jr. and President Sherrilyn Ifill of the NAACP Legal Defense and Educational Fund (Aug. 4, 8 p.m.); and Executive Director Bryan Stevenson of the Equal Justice Initiative and author of “Just Mercy” (Aug. 4, 5 p.m.).
In addition to the more than 1,000 events at this premier gathering of legal professionals, the ABA House of Delegates — the association’s policymaking body — will meet at 9 a.m. on Aug. 6-7 at the Hyatt Regency Chicago Grand Ballroom (East Tower). For details on the proposals for debate and vote during the two-day session, click here.
Online registration is available for news reporters. Credential guidelines are here.
Business and technology programs include:
• “Cybersecurity Law: Deciphering the Landscape of Legal Requirements Applicable to Businesses and Law Firms” — Experts will address the legal obligation of businesses to provide “appropriate” and “reasonable” security for their electronic data, addressing the requirements for cybersecurity readiness and proactive compliance.
• “How Do I Get That Tweet Admitted? The Rules of Evidence in the Digital Age” — As courts struggle to apply traditional rules of evidence to rapidly developing technologies, such as social media, evidentiary experts will examine the challenges associated with the admission of digital evidence under current federal rules, measures that some courts have taken to meet those challenges and advice on admitting and contesting digital evidence.
• “Brave New World – Current Developments in Online, Social and Global Gaming” — A panel will address the increasingly complex world of regulation as new forms of gaming — e-game tournaments, “freemium” pay-to-play games, online social games, fantasy sports and games that utilize virtual currencies, among them — grow in popularity. Panelists will review U.S. regulation as well as international trends and developments, including the progress in Asian markets to legalize such gaming and how Brexit might affect gaming regulatory matters.
• CLE in the City: “Impact of the Trump Administration on M&A” — Practitioners and subject-matter specialists will discuss the Trump administration’s impact on mergers and acquisitions, including how the administration’s regulatory approach affects U.S. and international deal-making.
• “#MeToo, Time’s Up – Sexual Harassment in the Workplace” — A panel – including Tina Tchen, founder of the Time’s Up Legal Defense Fund – will examine the implications of the “MeToo” and “Time’s Up” movements on the entertainment industry, legal profession and corporate America. Topics will include how sexual harassment claims against high-profile executives are being handled, workplace measures that can protect victims and the reaction of the legal community to the new awareness of the problem, such as increased pro bono support, emerging law practice areas that address employer response to harassment and the federal judiciary’s evaluation of its code of conduct and procedures for investigating inappropriate behavior.
• “Cyberattacks and the Courts – What Attorneys Should Know to Protect Sensitive Client Information” — The underfunded computer networks of state and federal courts are under daily cyber-attack. A panel will discuss the necessary overdue upgrades to these networks and the implications of regular breaches, answering questions such as: Why are the courts under attack? What damage has been sustained? How can we protect the data?
Who is liable? And, can we mitigate risk in an affordable way?
• “Cyber Court Review: Recent Decisions from Federal and State Courts Addressing Issues in Computer Crime, Security and eCommerce” — Legal tech experts will analyze recent court opinions related to developments in computer technology and the internet. Cases addressed include: U.S. v. Carpenter (use of cell phone records to track people); State v. Loomis (use of computer algorithms at sentencing); Spokeo v. Robins (necessary proof of injury for cyberbreach lawsuits); as well as U.S. v. Petix and U.S. v. Murgio (whether bitcoin is “money” for the purposes of the money laundering and transmittal statutes).
• “Investigations and Prosecutions Galore: The New Normal in Today’s Communities” — Law enforcement experts will lead a town hall discussion on the increasing nationwide prevalence of criminal investigations, which implicate all manner of public and private behavior – including police misconduct, sexual harassment and corporate misdeeds – and often result in criminal prosecution, civil enforcement actions and employee discipline. The panel will provide insight on the ethics, challenges and best practices of conducting investigations in today’s divisive, heated environment.
• “The Future of Arbitration: Is it So Bright You Have to Wear Shades?” — More than 60 million American workers are subject to mandatory arbitration in employment contracts. Panelists will examine whether requiring the waiver infringes the collective speech protected by federal labor law.
• “Can’t Touch This – or Can They? Government Searches, Privacy and Security in a Digital Age” — As the Department of Homeland Security increases warrantless searches of electronic devices at international borders, what should companies be doing to protect their confidential information? Lawyers with experience drawn from the National Security Agency, Department of Justice and other official offices with technology oversight will highlight the legal, privacy and constitutional concerns associated with the collection and movement of massive amounts of data now generated by smartphone usage, the internet of things and other technological developments. The panelists include Paul Rosen, former DHS chief of staff; Jon Gannon, former DOJ National Security Division deputy unit chief; Stephanie Christensen, chief, Cyber and Intellectual Property Crimes Section, National Security Division, United States Attorney’s Office for the Central District of California; Uma Amuluru, former White House lawyer; and Raj De, former general counsel, National Security Agency.
• “Protecting Intellectual Property in the Legal Cannabis Industry” — As more states recognize legal cannabis for medicinal and recreational use, businesses in the marijuana industry need guidance to protect their ideas and their brands. A panel composed of in-house counsel, business owners and outside lawyers who have firsthand experience with this problem will lay the groundwork for understanding the ins and outs of intellectual property protection where, on the one hand, state laws legalize cannabis sale and use and, on the other hand, federal laws still categorize cannabis as a Schedule 1 controlled substance.
• “Long-Term Careers for Women in Law: What’s Pushing Women Out and What Can We Do to Keep Them in the Profession?” — Why do women leave the legal profession at the height of their careers? The ABA will reveal the findings from a yearlong study on the disproportionately high rate of attrition among senior women lawyers, and the actions to help stem the tide.
• “Social Media, Security and Election Law” — How can we protect our electoral process from global cybersecurity threats? Experts will share best practices developed by the U.S. Election Commission, National Institute on Standards & Technology and other global organizations to secure the integrity of elections in America and abroad. Topics include the threat landscape, cybersecurity election infrastructure and cyber-risk management across national borders.
• “How has the Trump Administration Affected Enforcement of the Foreign Corrupt Practices Act?” — Experts will answer that question in light of Deputy Attorney General Rod Rosenstein’s October 2017 announcement of revisions to the Department of Justice’s corporate and executive prosecution policies.
• “Justice Hack: Reimagining the Relationship Between Law Enforcement & Communities” — A hackathon will bring together multidisciplinary teams of community, legal, law enforcement, criminal justice and technology stakeholders in a collaborative environment to develop technology-based solutions to address tension points between law enforcement and the communities they serve.
• “Cybersecurity Wake-Up Call: The Business You Save May Be Your Own” — Cybersecurity experts, including those with backgrounds from the National Security Agency and Department of Homeland Security, will discuss the growing problem of cyberattacks, where the cost to American businesses have reached the trillions. Speakers will share the legal requirements to protect data and disclose breaches, as well as the vital steps to take now to lessen risks.
• “Attacks on our Institutions of Democracy: The Role of the Judicial System” — As the United States confirms Russian interference in its recent election, national security experts, including Elizabeth Rindskopf, former general counsel for the CIA and NSA, and Suzanne Spaulding, former undersecretary for the National Protection and Programs Directorate at the Department of Homeland Security, will share techniques Russia has used in Eastern and Central Europe and more recent cyber-enabled methods, the framework that could counter this threat, as well as needed legislation to address foreign adversary interference.
• “The Miranda Warnings Project: You Have the Right to Innovate” — Representatives from the Chicago-based ABA, Illinois Institute of Technology’s Institute of Design and New Orleans police department, will share their mobile tool prototype that provides pre-recorded Miranda Warning translations in Spanish and potentially other languages for police usage. Speakers, including IIT’s Jeremy Alexis, will share how this court-certified, plain-language tool can be implemented nationwide to better ensure that criminal suspects understand their rights.
