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    Privacy + Security Forum Fall Academy

    Webinar | September.30.2021

    Online

    Heather Sussman, Keily Blair, Emily Tabatabai and Hannah Levin led panels on cyber supply chain attacks and dark patterns during the Privacy + Security Forum Fall Academy hosted by the Privacy + Security Academy.

    Cyber - Supply Chain Attacks - Risk Identification, Mitigation and Response

    Due to globalization, decentralization and outsourcing of supply chains, the number of cybersecurity exposure points for any organisation has increased - and continues to increase - exponentially over time. As such, understanding the cybersecurity risk associated with your supply chain should be a key area of focus for all organisations. In this panel we consider how you can proactively (and pragmatically) identity and triage cyber security risk in your supply chain, and how an organisation should react when facing a cyber security incident in its supply chain.

    Heather Sussman, (Former) Partner, Orrick, Herrington & Sutcliffe
    Keily Blair, Partner, Orrick, Herrington & Sutcliffe
    Peter Lefkowitz, VP and Chief Digital Risk Officer of Citrix

    Dark Patterns: The Privacy Hot Topic of 2021

    "Dark Patterns" keep popping up in all corners of the privacy space. While deceptive acts and practices have long been prohibited by the FTC Act, the amorphous concept of "dark patterns" has been a recent focus of the FTC, consumer advocate organizations and state legislators. But what are "dark patterns" and when does user interface design cross over from "optimized" to "manipulative" or "deceptive"? This panel will explore the existing legal frameworks as well as legislative proposals that seek to define and regulate dark patterns, highlight recent enforcement actions and consumer complaints, and help your business stay on the right side of the emerging law.

    Emily Tabatabai, Partner, Orrick
    Hannah Levin, Managing Associate, Orrick
    Stacey Gray, Senior Counsel, Future of Privacy Forum

    163195

    Practice:

    • Technology & Innovation Sector
    • Cyber, Privacy & Data Innovation
    • Technology Companies Group
    • Internet of Things
    • Strategic Advisory & Government Enforcement (SAGE)

    Emily S. Tabatabai Partner

    Washington, D.C.; Houston

    Emily provides strategic counseling and advice on privacy, consumer protection and online safety matters to clients across industries, including retail, ecommerce, mobile apps, gaming, social media, advertising technology (adtech), financial services, education, business services and technology. She also represents clients subject to regulatory investigations, including before the FTC and States Attorneys General, Congressional committees and other regulatory agencies and groups.

    Emily provides proactive compliance guidance, and regulatory investigation defense, on a variety of privacy and consumer protection laws, including:

    • U.S. state privacy laws in California, Colorado, Connecticut, Utah, Virginia and other states
    • Children’s Online Privacy Protection Act (COPPA)
    • Online safety laws for kids and teens, including California Age-Appropriate Design Code Act (AADC), Utah Social Media Regulation Act and others
    • Section 5 of the Federal Trade Commission Act (FTC Act) and state unfair and deceptive acts and practices (UDAP) laws
    • Family Educational Rights and Privacy Act (FERPA)
    • California’s Student Online Personal Information Protection Act (SOPIPA), New York’s Education Law 2-d and other state student data privacy laws
    • Illinois’ Biometric Information Privacy Act (BIPA) and other biometric privacy laws
    • Washington My Health My Data Act and other state health privacy laws
    • Fair Credit Reporting Act (FCRA)
    • Gramm-Leach-Bliley Act (GLBA)
    • Telephone Consumer Protection Act (TCPA)
    • Telemarketing Sales Rule (TSR)
    • Restore Online Shoppers’ Confidence Act (ROSCA)

    Emily is a frequent speaker on data privacy matters, with a particular focus on children’s privacy (COPPA), student data privacy and EdTech and online safety laws for kids and teens. She has been featured as an “Up and Coming” Privacy & Data Security attorney by Chambers USA and Chambers Global. Clients tell Chambers, “She’s been an excellent partner. She has a very good understanding of the practical realities of implementing privacy policies for large companies.” Citing her expertise in the field of educational privacy, student data and EdTech matters, Chambers reports that clients regard her as “very knowledgeable and truly an expert in this space,” with some saying, “On the student data side, she is unmatched,” and The Legal 500 notes that Emily “is the first port of call for child- and student-directed service providers for compliance advice with COPPA, SOPIPA and CalOPPA regulations.”

    Emily also has an active consumer protection practice, focused on marketing and promotional issues. She counsels clients on advertisements and endorsements, retail sales and e-commerce, advertising substantiation, SMS and telemarketing, social media and online advertising.