Cybersecurity and Data Regulation After Recent SCOTUS Decisions: Risk Management, Business and Compliance Strategies
Course Details
- smart_display Format
On-Demand
- signal_cellular_alt Difficulty Level
Intermediate
- work Practice Area
Cybersecurity and Data Privacy
- event Date
Wednesday, November 6, 2024
- schedule Time
1:00 p.m. ET./10:00 a.m. PT
- timer Program Length
90 minutes
-
This 90-minute webinar is eligible in most states for 1.5 CLE credits.
This CLE webinar will guide cybersecurity and data protection counsel through the recent U.S. Supreme Court decisions in Loper Bright Enterprises v. Raimondo, which overturned the long-standing Chevron doctrine, and Corner Post Inc. v. Board of Governors of the Federal Reserve System, which expands the time period during which plaintiffs may challenge agency rules. The panel will explore the anticipated impact these decisions will have on cybersecurity and data protection regulatory efforts, enforcement, and policy making as well as approaches to cybersecurity compliance and risk management.
Mr. Geiger counsels organizations on a wide variety of cybersecurity law and policy matters. When advising clients on privacy and technology policy and regulations, he draws from his years of experience working in-house at a major cybersecurity company during the maturation of the industry. Mr. Geiger's substantive experience and industry connections position him as a sought-after speaker at events on technology policy and a noted commentator on technology policy and law. He regularly testifies before Congress and government agencies on technology laws and is actively involved in shaping related policies. Mr. Geiger founded and leads the Hacking Policy Council, a trade association that facilitates best practices for vulnerability management.
Mr. Gordon is a skilled litigator who draws on his significant experience working for the FTC to protect his clients’ interests and guide their business activity. He regularly represents companies and individuals in investigations and litigation involving consumer protection and antitrust issues with the FTC, state attorneys general, the DOJ, and the CFPB. Mr. Gordon also represents clients before the National Advertising Division and in business-to-business and class action litigation. In addition, he counsels clients on antitrust, advertising, and marketing compliance issues.
Ms. Rinehart represents clients in complex class action, commercial litigation, and regulatory investigation matters involving violations of consumer protection statutes, antitrust, false advertising, misappropriation of trade secrets, unfair competition, and constitutional challenges to legislation and agency rulemaking. She advises clients in litigation involving the Sherman Act, the Telephone Consumer Protection Act, the Lanham Act, and other FTC, CFPB, and state attorney general enforcement matters, as well as matters involving the FCC. Ms. Rinehart’s litigation experience spans the entire litigation life cycle, from pre-litigation strategy to appellate practice, but she is also passionate about helping clients avoid litigation through robust compliance reviews, business-savvy counseling, and strategic advocacy.
Two recent U.S. Supreme Court decisions, Loper Bright Enterprises v. Raimondo and Corner Post v. Board of Governors of the Federal Reserve System, are expected to have a significant impact on federal agency rulemaking, rule implementation, and legal challenges to federal rules. Attorneys assisting clients with cybersecurity and data protection matters must understand how these decisions may result in varied judicial interpretations of regulations that could impact their clients' compliance efforts and increase litigation risk.
Loper Bright overruled the Chevron doctrine, which required the courts to defer to an agency's interpretation of an ambiguous or unclear statute or rule as long as the agency’s interpretation was reasonable. Loper Bright has now put the task of interpreting statutory provisions back into the hands of federal courts.
Corner Post clarified the time within which a party may sue an agency for harm caused by an agency's final actions. The Court held that the six-year statute of limitations for filing a claim against an agency begins to accrue when the plaintiff is injured by an agency action as opposed to when the rule was published. Therefore, entities formed within the last six years may bring challenges to regulations that have stood for decades.
Listen as our expert panel guides practitioners through the recent Loper Bright and Corner Post decisions and discusses the impact on cybersecurity and data protection regulations and enforcement. The panel will also discuss the potential impact on clients' risk management, business, and compliance strategies.
- Introduction: a brief history of the Chevron deference doctrine
- Loper Bright v. Raimondo
- Corner Post v. Board of Governors of the Federal Reserve System
- Legislative and regulatory effect
- Regulatory challenges and litigation
- Client impact
- Practitioner takeaways
The panel will review these and other important issues:
- How will Loper Bright impact cybersecurity and data protection regulations and litigation?
- What effect will Corner Post have on litigation challenging agency rules?
- How may the decisions affect regulatory rulemaking?
- What is the anticipated impact of these decisions on clients' cybersecurity and data protection risk management, business, and compliance strategies?
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