Seminar | February.29.2016Orrick San Francisco (405 Howard Street, San Francisco, CA)
In December, the European Union published the final text of the long awaited General Data Protection Regulation (GDPR) "to make Europe fit for the digital age." The GDPR transforms EU privacy laws and strengthens EU citizens' rights imposing significant burdens on businesses who collect and use personal information originating from the EU. During this roundtable, our EU privacy expert Dr. Christian Schröder will address what to expect from the new law and how to start preparing. US privacy/cybersecurity lawyer Aravind Swaminathan will address the US perspective of these changes.
Dr. Christian Schröder leads Orrick's Cyber, Privacy & Data Innovation Group in Europe and collaborates with team members in the United States (U.S.), Europe (EU), and Asia to provide support to global clients. As a technology-focused partner, Christian advises on cybersecurity and privacy regulatory compliance, incident response, regulatory investigations and enforcement, litigation and intellectual property licensing, and transactional matters.
Christian helps clients consider the privacy and artificial intelligence implications of new technology, supports their compliance programs, and helps them stay ahead of enforcement trends. One particular focus of his work deals with internal data transfer agreements, external data transfers with external providers, and product launches that comply with international data protection standards, as well as privacy requirements for connected cars. Christian provides guidance on privacy and data protection considerations for developing, acquiring, using, licensing and selling technology, data and intellectual property, including M&A transactions and IP focused joint ventures. He supports companies on the set-up of webshops, outsourcings, license agreements, in cases of trademark or unfair and deceptive trade practice issues, as well as on hard and software license and information technology (IT) project agreements.
Christian maintains strong working relationships with German data protection authorities and EU regulatory authorities with jurisdiction over privacy and data security matters. He effectively defends companies in cybersecurity and privacy-related investigations initiated by EU regulatory authorities. He also engages with authorities on behalf of clients and helps clients avoid proceedings and possible litigation. When litigation can't be avoided, Christian vigorously defends his clients.
For companies facing global cybersecurity incidents, Christian helps with crisis mitigation, including counseling on notification requirements, coordinating media strategies, and representing clients before data protection authorities in related regulatory investigations.
Christian regularly contributes practical thought leadership to global privacy industry publications and German privacy books and journals. Christian authors the Chapter V (international data transfers) of Germany’s leading GDPR commentary Kühling/Buchner (3rd ed.) and is co-author to the Corporate Privacy Handbook (Betrieblicher Datenschutz). As an active member of the Sedona Conference, Christian drives the development and understanding of cross border privacy. He also participates in, hosts and moderates speaking programs with fellow private practitioners, EU data protection authorities, and academics focused on privacy and data security. Legal 500 Germany noted that Christian is "a pioneer in the legal field, a data protection guru." They also recognized Christian and Orrick as "truly global" and how that it is "vital as they require the various leaders of each region to participate and bring issues to the table as a forum".
Prior to working in private practice, Christian interned with the German Federal Data Protection Commissioner and www.epic.org.
Data is igniting a global, technological revolution. Increased collection, use, storage, and transfer of data has shifted the paradigm of innovation – and created a global security problem. Fortune 500 companies with large quantities of data, cities with vulnerable infrastructure, and every institution in-between must manage that risk, without encumbering progress or technological advancement. To do so, they turn to Aravind Swaminathan. Aravind is ranked by Chambers USA in the categories of both Privacy and Data Security: Litigation (Band 2) and Privacy and Data Security: Incident Responses, as well as Chambers Global, which described him as "formidable in assisting clients with both the noncontentious and litigious elements of cyber-attacks and security breaches, including resulting class actions." Clients endorse Aravind, telling Chambers, that he is "very substantively knowledgeable" and has "knowledge gained from prosecuting hackers, meaning he fundamentally understands what they do."
As a strategic cybersecurity advisor, Aravind partners with clients to proactively plan for a crisis and develop strategies to improve resiliency, respond efficiently and effectively, protect their business and brand, and defend them in the onslaught of litigation and enforcement actions that follow. He guides organizations from large public company financial institutions to start-up technology companies to critical infrastructure providers through incidents, and develops business and brand-centric strategies to mitigate and manage risk. He has directed more than 200 cybersecurity incident and data breach investigations, including enterprise-wide network intrusions to cyberattacks with national security implications.
With extensive trial, litigation and appellate experience, he defends his clients in cyber, privacy, and payments-related class actions and other civil litigation (particularly Computer Fraud and Abuse Act matters), and when these issues lead to regulatory investigations by the Securities and Exchange Commission (SEC), the Department of Justice (DOJ), the Federal Trade Commission (FTC), and State Attorneys General.
Aravind’s background as an assistant United States attorney and Computer Hacking and Intellectual Property Section attorney gives him first-hand understanding of federal agencies that allows him to swiftly navigate the system, partner with investigators and find creative solutions for his clients. As a federal cybercrime prosecutor, Aravind investigated and prosecuted a broad array of cybercrime cases, including hacking, phishing, trade secrets theft, click fraud, cyber threats, and identity theft. Aravind also led the cybercrime outreach program, where he worked with members of the Department of Justice, state and federal regulators, law enforcement and other organizations on cybersecurity and related privacy issues. During his time as federal prosecutor in the Complex Crimes Unit, he also investigated and prosecuted a wide array of white-collar crimes, including investment schemes, corporate fraud and embezzlement, securities fraud, tax evasion and the nation’s largest bank failure.