To Trace or Not to Trace?: Compliance in the Era of COVID-19 and Remote Surveillance

Welcome to the Primerus Webinar Series. As we navigate these new waters together without in-person meetings, we want to do all we can to ensure you still benefit from the Primerus knowledge base. If you would like to present or have a topic suggestion, please contact Chad Sluss at csluss@primerus.com.

Presented by: Caroline Berube, Gayle Gorvett, and Ken Rashbaum

A few of the topics that will be discussed are as follows:

• In this environment of increased scrutiny of data privacy compliance on the second year anniversary of GDPR, and enforcement of CCPA beginning officially on July 1, 2020 in addition to new privacy directives in New York and Brazil among other jurisdictions, focus on privacy enforcement is high.
• As offices open post COVID-19, contact tracking and remote access surveillance apps sound attractive but may expose the company to state and national data protection violations, and business morale and reputation risks.
• What are the right questions to ask concerning uses of these apps, and to ask the private vendors who provide them?
• Questions and considerations for technical and legal guidance for making decisions in this rapidly changing environment, a framework for analysis of the challenge and risks, and whether these apps are a good idea at all, will be discussed.

Live Interactive Q&A – Bring/Submit Your Questions

Time will be reserved to answer specific questions from attendees and we encourage those in attendance to come with questions prepared. If you would like specific questions addressed, you are invited to submit questions in advance to Katie Bundyra at kbundyra@primerus.com.

About Caroline Berube

Caroline is the Managing Partner of HJM Asia Law & Co. LLC. Based in Asia for over 20 years she has represented international corporate clients and banks in asset financing and M&A cross-border transactions in the Asia-Pacific Region. Caroline spent a majority of that time in China and Singapore, focusing on corporate law and commercial practice, an area in which she has built a respected expertise and understanding of the challenges and advantages of most Asian jurisdictions. She advises many European, Asian and North American clients on their legal structure, IP, HR and investments issues in various industries, ranging from manufacturing, technology, entertainment, agriculture, energy and services. Caroline graduated from McGill University with a BCL and LL.B degree and completed her studies at the National University of Singapore with a focus on Chinese law in 1998. Caroline is an arbitrator approved by the Chinese European Arbitration Center (CEAC) and a foreign arbitrator appointed by the China International Economic and Trade Arbitration Commission (CIETAC).

Caroline has been featured in numerous magazines and newspapers, including Bloomberg, the Straits Times, the Business Times, Les Affaires and Coopérative d’achats stratégiques région de Montréal (Coop. CASI). Caroline is a regular speaker at many international conferences and has been a lecturer at Universite Laval (Canada) since 2010, where she teaches a 45-hour course on Chinese Law (www.fd.ulaval.ca) and has taught a week’s lecture series at the Sorbonne Assas Law School (www.sorbonne-assas-ils.org) on legal corporate structures, M&A and restructuring deals, IP, HR and tax in Asia. Caroline was selected as a Young Global Leader under 40 for the World Economic Forum in 2015.

About Gayle Gorvett

Gayle Gorvett is the Founder and Managing Partner of GGorvett Consulting LLC in Atlanta, Georgia. She is a high-level legal advisor and trusted partner to senior management on subjects including complex technology transactions (SaaS, managed services, integration, implementation, licenses, data privacy), negotiations with strategic partners, compliance, and corporate Finance with an emphasis on cross border negotiations.

Gayle has over 19 years of experience as an international corporate and technology transactions lawyer, advising clients in the US, EMEA and Asia Pacific, including 5 years as a member of Latham & Watkins’ Technology Transactions department in New York. Gayle worked in-house in two listed companies: Nexans, SA and Brinks EMEA in Paris, France prior to founding her company GGorvett Consulting EURL. Gayle also worked as an investment analyst at Prudential Capital prior to attending law school. Gayle enjoys using her finance and legal knowledge to assist her clients in growing their business.

She is co-vice chair of the International Legal Affairs Network of the Association of Corporate Counsel, a member of the Outreach Committee of the Atlanta chapter of ChIPs, and a member of the Lawyer’s Club of Atlanta. She is a Northwestern University School of Law graduate with a B.A. in International Business from DePauw University. Gayle has lived and worked in the US, Japan and France and is a member in good standing of the New York and Georgia bars.

About Ken Rashbaum

Kenneth N. Rashbaum of Barton LLP advises multinational corporations and healthcare organizations in the areas of privacy, cybersecurity and e-discovery. He counsels multinational corporations on information governance and its compliance with federal, state, and non-U.S. laws; the interface of e-commerce and legal and regulatory liabilities in areas such as cybersecurity and breach response. Ken has vast experience in preparation of protocols for compliance with data protection and privacy laws in the U.S. and other countries; conduct of information security and data breach response assessments, investigations and remediation initiatives; and policies for social media legal and regulatory compliance.

Ken serves as special e-discovery counsel for complex litigation and in matters in which electronic evidence from beyond the U.S. is required. He has been recognized internationally as a thought leader in electronic discovery and disclosure, and has served as national e-discovery counsel for multinational pharmaceutical corporations and global e-discovery counsel in products liability and IP litigation. Ken was appointed to the faculty of the Federal Judicial Center for its September, 2010 session and the Georgetown Advanced E-Discovery Institute (November 2009 and December 2012 sessions) to lead sessions on international e-discovery issues and challenges.

In his capacity as a nationally known expert on data privacy, Ken counsels healthcare organizations on compliance with federal, state and judicial standards governing protected health information. He has served as HIPAA and privacy counsel to major hospital systems, health plans, physicians’ groups, cloud computing providers and health information application developers; advised academic hospital systems on protocols for implementation of electronic health records; and provided counsel on risk management issues in access, uses and disclosures of electronic patient information.

Ken is an Adjunct Professor of Law at Fordham University School of Law and had been a member of the Adjunct Faculty at the Maurice A. Deane School of Law at Hofstra University from 2013 – 2015.

Prior to joining Barton, Ken was a senior litigation partner in the New York office of Sedgwick LLP (formerly Sedgwick, Detert, Moran & Arnold) where he was the Co-Chair of the E-Discovery, Compliance and Data Management Practice Group.