Balancing Transparency and Trade Secrets

Today, cybersecurity incidents are largely inevitable consequences of our increasingly digital world. In fact, approximately 83% of companies have or will experience a breach. As the technical risks have increased, so has regulatory oversight. The “Rules on Cybersecurity Risk Management, Strategy, Governance, and Incident Disclosure by Public Companies” released by the Securities and Exchange Commission in 2023 are a defining example of this trend. Boards and senior executives must now demonstrate active oversight of their corporation’s cybersecurity program. In addition to potential personal liability, corporate leaders must now weigh increased disclosure requirements with their risk to trade secrets. This course led by our subject matter experts and practitioners will be a valuable resource for attorneys looking to understand and be prepared to answer these challenging questions.
In this online seminar, our expert panelists begin by introducing the background related to the Securities and Exchange Commission 2023 Rules and the motivations behind establishing these rules. Next, our speakers explain the details of SEC Rule, the reporting requirements, and the responsibilities of management and board. Our experts will then go on to discuss potential security risks and the relationship between the disclosure requirements and trade secret considerations. Finally, the panelists will provide audiences and public organizations with best practices for implementing the SEC’s rules.

Our Mission is to bridge the knowledge gap between law and technology professionals by educating attorneys on technology to attorneys and technology executives on its laws and regulations. Legal Cyber Academy provides a comprehensive tool and evolving knowledge base through exclusive insights from world class cybersecurity, privacy, web 3.0, forensic, and e-discovery legal and technical practitioners. Earn CLE, CPE, and CE credits. (Refunds are available if you do not receive credit) At Legal Cyber Academy We recognize that technology, the cybersecurity threats it faces, and relevant laws and regulation are rapidly evolving, presenting unique challenges and opportunities. Our platform is dedicated to empowering legal professionals with the skills and understanding necessary to navigate the complex landscape of technology in their field, enabling them to effectively advise clients, draft contracts, and navigate legal implications in a technology-driven world. Simultaneously, we strive to equip technology professionals with the legal knowledge they need to make informed decisions, ensure compliance with regulations, and limit liability. By fostering a deep understanding of legal frameworks, we hope to support technology professionals in creating innovative, compliant, and socially conscious technological advancements. Join us in our mission to reshape the way legal professionals and technology experts understand and interact with each other in a rapidly changing technical and legal landscape. Together, they will mitigate risk better, ensure compliance, and actively shape the future of technology and its accompanying laws.

LAW & FORENSICS LLC – FOUNDER; JAMS – NEUTRAL; HARVARD – ADJUNCT;
Danie Garrie, Esq., is the Co-Founder of Law & Forensics LLC, where he heads the Computer Forensics and digital discovery Cybersecurity teams. Daniel has been a dominant voice in the computer forensics and cybersecurity space for the past 20 years, as an attorney and technologist. He is an adjunct professor at Harvard for Computer Forensics, and prior to Law & Forensics, he successfully built and sold several technology start-up companies. Since co-founding Law & Forensics LLC in 2008, Daniel has built it into one of the leading boutique firms specializing in cybersecurity and forensic engineering. He is a mediator, arbitrator, and e-discovery special master for JAMS and is a partner and head of Cybersecurity practice at Zeichner, Ellman & Krause LLP. Daniel earned both a Bachelor’s and a Master’s degree in computer science from Brandeis University, as well as a J.D. from Rutgers Law School. Daniel has led cyber and forensic teams in some of the most visible and sensitive incidents in the United States. He and his team have worked globally for two of the top five banks and dozens of the largest private and public companies in the world. In addition, Daniel has been awarded several patents for advanced cybersecurity and forensic platforms he built with his team, including TableTop.AI, CustodyTrack.IO, and Forensic Scan. Daniel is also well-published in the cybersecurity space and has authored more than 200 articles and books. His work is cited by Black’s Law Dictionary 10th Ed. defining the terms 'software', 'internet', and 'algorithm'. Lastly, he has been recognized by several United States Supreme Court Justices for his legal scholarship and is a trusted source and thought leader for cybersecurity articles and opinions, cited over 500 times to date.

Partner | Baker Hostetler
Formerly of the world’s leading derivatives exchange, Michelle Tanney has a broad securities, derivatives and compliance practice focused on representing public companies and corporate executives in complex civil and regulatory enforcement actions before the U.S. Securities and Exchange Commission (SEC), U.S. Department of Justice (DOJ) and the Financial Industry Regulatory Authority (FINRA). She also provides counsel on compliance issues and remedial measures to mitigate financial or reputational risk, including those concerning evolving financial regulations and corporate management. Michelle’s experience also includes providing counsel to emerging companies, including scalable startups, on issues related to blockchain, cryptocurrency and digital assets. Leveraging her knowledge of financial markets and complex financial instruments, Michelle serves as a lead attorney on significant matters in connection with BakerHostetler’s role as court-appointed counsel to Irving Irving H. Picard, SIPA Trustee for the liquidation of Bernard L. Madoff Investment Securities LLC. She is a frequent writer and commentator on regulatory, compliance and enforcement related matters involving the SEC, DOJ and Commodity Futures Trading Commission and is consistently recognized as a “Top Woman” in the New York Metropolitan Area for her securities litigation practice. Michelle is also active in BakerHostetler’s inclusion and diversity efforts and serves as pro bono coordinator in the New York office, where she leads numerous cases seeking equal rights for underserved and underrepresented communities.

Vice President, Cyber Liability | Woodruff Sawyer
David focuses on complex cyber, privacy, technology, and professional liability issues and is a dedicated and fierce advocate for his clients. He has extensive experience in risk assessment, risk management, and pre-breach network security risk discovery, as well as hands-on post-incident client support and claims advocacy. David is committed to helping his clients navigate a complex and ever-changing cyber and professional liability insurance marketplace to ensure they achieve market-leading coverage terms and conditions at the best possible premium. Before joining Woodruff Sawyer, David was a partner at McGill and Partners. Prior to that, he served as head of major accounts for Lockton. David graduated from Arizona State University with a bachelor's degree in management. He holds a Certified Information Privacy Professional (CIPP) designation.

Principal | Bartko Zankel Bunzel & Miller
Sean McTigue is a Principal of the firm. He is a member of the firm’s business litigation practice. His practice involves both state and federal litigation representing both plaintiffs and defendants. During law school, Mr. McTigue served as an extern for Justice Mark B. Simons of the California Court of Appeal in San Francisco and clerked with the United States Attorney’s Office, Criminal Division, in Oakland. He also competed nationally in moot court competitions, reaching the national final round in the National Moot Court Competition, as well as the regional semi-finals in the Constance Baker Motley Moot Court Competition. In law school, Mr. McTigue earned the Prosser Prize for excellence in Torts. Most recently, Mr. McTigue was instrumental in helping obtain an $845 Million judgment for ASML in one of the largest trade secret victories in US history (see attached Daily Journal and The Recorder articles), resulting in the Bartko firm being ranked as Number 3 in the Top 100 Verdicts for 2018 - published by The National Law Journal (June, 2019) - and having the highest ranked intellectual property victory in the United States for 2018. See attached award from the National Law Journal. In October 2019, Mr. McTigue spoke at the Practicing Law Institute’s “Trade Secrets 2019: What Every Lawyer Should Know” on the “Litigating the Big Trade Secrets Case: Special Challenges in Complex Trade Secrets Disputes” panel.