Changing Data Privacy Laws and Biometrics in 2023
Growing Concerns on Cyber Coverage
State-level momentum for comprehensive privacy bills is at an all-time high, with several new privacy laws enacted every year. With no comprehensive federal privacy law, businesses need to address the constantly changing patchwork of emerging privacy laws and regulations on the state level. At the same time, the implication of cyber issues is only growing in 2023. This had led to the corollary response of a greater importance of cyber insurance. This presentation will address some of those growing issues, including approaches to crafting an evolving privacy compliance program, types of claims impacting cyber security, such as biometric disclosure litigation and other privacy statutes leading to class actions. The specific concerns regarding the protection of sensitive personal information, including biometrics, is being reflected in both the emerging legislation and the growth of litigation against corporations for the failure to protect sensitive information from unauthorized disclosure or use. The presentation also provides some practical advice on addressing these growing concerns as well as providing some predictions going forward.
Credit:
Approved for 1.0 of CLE credit for: CA, CT, IL, NJ, and NY
Presenters:
Jana S. Farmer
Partner, Wilson Elser
Jana Farmer is a partner in Wilson Elser’s New York office. She is one of the leaders of the firm’s Consumer Privacy practice and is a member of the firm’s Intellectual Property and Technology Practice. She advises clients on emerging legal issues in the technology space, including those involving internet law, non-fungible tokens (NFTs), artificial intelligence and blockchain technology.
Jonathan Meer
Partner, Wilson Elser
Jonathan Meer is highly experienced in the area of insurance coverage, including monitoring and coverage determinations. He maintains a particular concentration in coverage for directors and officers (D&O), with an emphasis on the growing area of D&Os in cannabis companies; professional errors and omissions (E&O); lawyers (LPL); employment practices; and cyber liability programs.
Jonathan represents the interests of primary and excess insurers based in the United States, China, London and Bermuda in high-exposure claims against directors and officers of public and private companies, nonprofit boards, financial institutions and insurance companies. He has addressed claims related to shareholder class actions seeking multimillion-dollar damages against public companies and their directors and officers, as well as other high-profile fraud cases involving a variety of issues