Governance Challenges 2021–2022: Digital Transformation Oversight

Privacy and cybersecurity concerns are expanding, and with them the proliferation of laws and regulations. Boards play a key role in ensuring that companies are positioned to comply with various jurisdictional requirements, that they understand and mitigate related risks, and that they are well-prepared to play a key role in response to security breaches and incidents. (more…)

Fireside Chat: Earning Public Trust Amid Heightened Tech Regulation

On October 19, 2021, Sidley partner Alan Raul engaged in a fireside chat with Julie Brill, Corporate Vice President, Chief Privacy Officer, and Deputy General Counsel of Microsoft at the Reuters Events’ Legal Leaders 2021 Conference. (more…)

Governance of Data Innovation: Risks and Rewards for Business – Key Takeaways from our Discussion with the UK Information Commissioner’s Office

On September 21, 2021, Sidley partners Alan Raul and William Long engaged in a fireside chat with Elizabeth Denham and Claudia Berg of the United Kingdom (UK) Information Commissioner’s Office (ICO). Elizabeth Denham is due to end her five-year tenure as UK Information Commissioner on October 31, 2021. Claudia Berg is the ICO’s General Counsel. The webinar entitled “Governance of Data Innovation: Risks and Rewards for Business” touched on the crucial issues in data protection and cyberlaw including the future of international data transfers, emerging technologies, and Brexit. Please see below our “10 Key Takeaways” from this fascinating and timely discussion.

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Tech Forum Webinar: Data-Driven Technology Development— IP Ownership and Rights

As businesses across industries turn to artificial intelligence and machine learning for insights, data is driving innovation and technology development. Who owns the underlying data and the resulting technology? How can restrictions on data use limit the resulting technology applications?

Companies need to keep pace tracking and monitoring intellectual property ownership and rights in this fast-paced environment, without stifling innovation. During this webinar, we will explore how IP and technology licensing principles apply to data licensing, and trends we are spotting as we help companies navigate new deal structures.

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The Burden of Privacy In Discovery

*This article first appeared on Judicature in Summer 2021

With the proliferation of social media platforms and other new technologies has come a renewed legal focus on privacy. Most of that focus has centered on data collection, storage, sharing, and, in particular, third-party transactions in which customer information is harnessed for advertising purposes. But what about other contexts? Could a party, for instance, decline to produce, review, or even collect certain types of data due to privacy concerns? Should privacy be considered a “burden” under the proportionality analysis required by Federal Rule of Civil Procedure Rule 26(b)?

In this essay, Robert D. Keeling and Ray Mangum, a partner and associate, respectively, at Sidley Austin LLP, argue that privacy should be considered a burden under Rule 26(b).

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New European Union Dual-Use Regulation Enters Into Force

As from September 9, 2021, Regulation (EU) 2021/821 (EU Dual-Use Regulation Recast) replaces the existing Council Regulation (EC) 428/2009 setting up the European Union (EU) regime for the control of exports, transfer, brokering, and transit of “dual-use” items (EU Dual-Use Regulation). Dual-use items are sensitive goods, services, software, and technology that can be used for both civil and military purposes.

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Upcoming TPI Panel: What Have We Learned About Privacy from the Pandemic, and What Does it Mean Going Forward?

Please join us for a panel discussion titled, “What Have We Learned About Privacy from the Pandemic, and What Does it Mean Going Forward?” at the Technology Policy Institute (TPI) 2021 Aspen Forum on Monday, August 16. In addition to the COVID-19 pandemic and its impact on data privacy, the panel will discuss privacy legislation, the Biden Administration and Federal Trade Commission (FTC), Schrems, and disruptive technologies.

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Sidley Welcomes Former-CFPB Enforcement Director Tom Ward

Sidley is pleased to announce that Thomas Ward, who previously served as Enforcement Director at the Consumer Financial Protection Bureau (CFPB), has joined the firm as a partner in the Banking and Financial Services Group in Washington, D.C. As the CFPB’s chief law enforcement officer, Tom was responsible for enforcing more than 20 enumerated consumer financial statutes and the Consumer Financial Protection Act. He established and supervised the strategy in hundreds of active investigations and cases prosecuted by the CFPB’s Office of Enforcement and managed the agency’s 165 enforcement trial lawyers, investigators, and staff. Under his leadership, in 2020, the CFPB brought the second highest number of enforcement actions since its inception, secured its fourth highest amount of redress, prosecuted its largest and most complex litigation docket, and recommitted to enforcing the Fair Lending laws, including filing the first contested Fair Lending action in the CFPB’s history.

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Chambers 2021 Global Practice Guides for Data Protection & Privacy and Cybersecurity Available

The updated 2021 Chambers Global Practice Guides for Data Protection & Privacy and Cybersecurity, edited by Alan Charles Raul, are available now, covering important developments across the globe and offer insightful legal commentary for businesses. Read the introductions to each Guide here and here.

Sidley Ranked in Chambers Global 2021

We are proud to announce that Sidley received 83 practice area rankings and 119 lawyer rankings in the 2021 edition of Chambers Global. Of these, 16 practice area rankings and 14 lawyer rankings were in Band 1.

Sidley’s Privacy and Cybersecurity practice received two honors. Partner Alan Raul is ranked Band 1 for Privacy & Data Security (USA). The practice is also newly ranked in the Data Protection category.

The annual Chambers Global guide provides analyses of legal practitioners around the world based on in-depth interviews with clients and in-house counsel.