Orrick Lawyers Detail Privacy and Employment Law Considerations for the Return to Work Post-COVID-19 in Cybersecurity Law Report

Cybersecurity Law Report
May.13.2020

In the first of a three-part series of articles in Cybersecurity Law Report, Orrick's Heather Egan Sussman, Shannon Yavorsky, Mike Delikat and Erin Connell provide guidance for employers on how to facilitate a return to work plan post-COVID-19 that balances the competing interests of safety and privacy.

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Heather Egan Partner, Cyber Privacy and Data Innovation, Global Compliance & Regulatory

Boston

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D:+1 617 880 1830
E: [email protected]

Practice:

Technology & Innovation Sector
Finance Sector
Energy & Infrastructure Sector
Cyber Privacy and Data Innovation
Global Compliance & Regulatory
Government Investigations and Enforcement Actions
Technology & Innovation
Fintech
Environmental, Social & Corporate Governance (ESG)
Strategic Advisory & Government Enforcement (SAGE)

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Heather Egan Partner

Boston

Heather partners with clients to reduce the risk of privacy and security incidents. In the event of an incident, she helps companies respond, successfully guiding them through investigation, remediation, notification and any ensuing government inquiries. She provides comprehensive crisis management support and companies rely on her to manage their response to catastrophes, investigations and government probes involving conduct by employees, contractors and third parties.

To help clients navigate complicated global regulatory compliance challenges, she leads comprehensive cybersecurity and privacy assessments worldwide, vets risks in corporate transactions, conducts internal investigations stemming from data incidents, and drafts and negotiates contracts concerning data-related vendors and arrangements. She regularly counsels businesses on how to mitigate risks associated with the collection, use, retention, disclosure, transfer and disposal of personal data. Outside of the U.S., she manages teams of talented counsel around the world to deliver seamless advice for clients that operate across many jurisdictional lines, developing comprehensive privacy and cybersecurity programs that address competing regulatory regimes.

Shannon Yavorsky Partner, Cyber Privacy and Data Innovation, Technology Transactions

San Francisco; Londra

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D:+1 415 773 5731
E: [email protected]

Practice:

Technology & Innovation Sector
Cyber Privacy and Data Innovation
Technology Transactions
Global Compliance & Regulatory
Government Investigations and Enforcement Actions
Environmental, Social & Corporate Governance (ESG)
Strategic Advisory & Government Enforcement (SAGE)

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Shannon Yavorsky Partner

San Francisco; Londra

She advises public and private companies across several sectors, including life sciences and health technology, financial services, private equity, insurance, social media and technology on a range of EU and U.S. federal and state privacy laws. Shannon’s strategic counseling advice includes, but is not limited to:

Advertising and payment card processing self-regulatory frameworks
Controlling the Assault of Non-Solicited Pornography And Marketing Act (CAN-SPAM)
Electronic Communications Privacy Act (ECPA)
EU Artificial Intelligence Act
EU e-Privacy Directive
EU General Data Protection Regulation (GDPR)
Fair Credit Reporting Act (FCRA)
Gramm–Leach–Bliley Act (GLBA)
Health Insurance Portability and Accountability Act (HIPAA)
National Institute of Standards and Technology (NIST) Artificial Intelligence Risk Management Framework
Telephone Consumer Protection Act (TCPA)
U.S. state breach notification laws
U.S. state privacy laws in California, Colorado, Connecticut, Utah and Virginia (CCPA, CPRA, CPA, CTDPA, UCPA, VCDPA)

Shannon also helps clients undertake comprehensive privacy, cybersecurity and artificial intelligence risk assessments, evaluates privacy, security and artificial intelligence risks in corporate transactions and drafts and negotiates data-related contracts. She advises clients on cross-border data transfers, data breaches and developing global privacy and artificial intelligence compliance programs.

Mike Delikat Partner, Employment Law & Litigation, Whistleblower & Corporate Investigations

New York

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D:+1 212 506 5230
E: [email protected]

Practice:

Finance Sector
Technology & Innovation Sector
Employment Law & Litigation
Whistleblower & Corporate Investigations
Indagini interne
Trade Secrets Litigation
Retribuzione oraria
Cyber Privacy and Data Innovation
Risoluzione contenziosi e vertenze complesse
Pay Equity

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Mike Delikat Partner

New York

He is also the founder of the firm’s Whistleblower Task Force. He previously served as the Managing Director of Orrick’s Litigation Division. The practice group under Mike’s leadership was chosen as one of the top national employment law practices by Law 360.

Chambers USA and Chambers Global has ranked him in Band 1 since it began publishing its rankings, noting he is "a giant of the employment bar, widely regarded as an expert in whistleblowing matters and sex harassment claims,” “sought out by premier clients to handle high-stakes employment litigation and investigations,” and "one of the best lawyers on the East Coast for financial institutions."

Mike has an active trial, arbitration, and appellate practice and handles a number of high-visibility class action and impact cases. He is regularly retained by boards of directors and audit committees to conduct high exposure internal investigations of corporate wrongdoing.

Erin M. Connell Partner, Employment Law & Litigation, Pay Equity

San Francisco

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D:+1 415 773 5969
E: [email protected]

Practice:

Employment Law & Litigation
Pay Equity

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Erin M. Connell Partner

San Francisco

Erin's practice covers all aspects of employment law. She defends employers in class actions and other complex cases, as well as in systemic investigations and audits by the EEOC, OFCCP, and the California CRD. Erin has led dozens of internal pay equity analyses and is a trusted advisor for several of the nation's most prominent employers on developing areas of employment law, including pay equity and pay transparency, DEI best practices, and the use of AI in employment decision making.

Erin also is an accomplished first chair trial lawyer. She has tried several cases before juries and in arbitration, and has obtained numerous defense summary judgment rulings and other favorable resolutions in state and federal court. Erin led the trial team that obtained a complete dismissal for Oracle in OFCCP v. Oracle, the largest pay equity case ever brought by OFCCP, which garnered national media attention and earned Erin recognition as a "Litigator of the Week" by the American Lawyer and a 2021 Employment MVP by Law360. As lead counsel, Erin also successfully obtained decertification in a statewide California pay equity class action, Jewett v. Oracle.

Erin's clients include leading technology and Fortune 500 companies, including: Oracle, Meta, Microsoft, Netflix, Pinterest, Twitter, Workday, PayPal, Sony Interactive Entertainment, NVIDIA, Airbnb, SiriusXM, Dropbox, Amgen, Zendesk, Splunk and Goldman Sachs.

Erin is currently a member of the Board of Directors of the Bar Association of San Francisco, a faculty member with the Institute for Workplace Equality (IWE), and frequently speaks on California and national employment law issues, including for IWE, the ABA, the Practicing Law Institute (PLI) and the American Employment Legal Council (AELC). She was formerly the management chair of the ABA Equal Employment Opportunity Committee. She has published numerous articles on employment law in publications around the country, including the ABA Journal of Law & Employment Law. She also provides employment law training and conducts internal investigations on employment-related matters.