Privacy + Security Forum Spring Academy

Speaking Engagement | May.08.2024 - May.10.2024

George Washington University Student Center, Washington, D.C.

Members of Orrick’s Cyber, Privacy & Data Innovation Group will lead panels on recent developments in youth online safety laws and considerations for consent requirements and health data during the upcoming Privacy + Security Forum Spring Academy.

Youth Online Safety: Evaluating Regulatory Enforcement and Litigation Risks in an Uncertain Legal Landscape

Thursday, May 9, 2024: 2:30-3:30 PM EST

In 2024, global regulation of youth online safety continues, with the U.S. facing legal challenges and ongoing legislative changes. The focus remains on enhancing online safety and privacy for young users, with discussions on regulatory developments, compliance risks, AI concerns, age verification obligations, and enforcement trends. This session will dive into the current state of the online safety landscape and preview the potential liability risks for businesses in this rapidly changing environment.

Emily Tabatabai, Partner, Orrick, Herrington & Sutcliffe
Hannah Levin, Senior Associate, Orrick, Herrington & Sutcliffe
James Trilling, Attorney, Federal Trade Commission

The Patchwork of Consent Requirements and Health Data: What Should Companies Consider?

Thursday, May 9, 2024: 2:30-3:30 PM EST

This session will delve into health data and explore consent requirements under the FTC, Washington’s My Health My Data, and state consumer privacy laws. We'll also discuss the role of universal opt-out mechanisms, the survival of cookies and pixels, and the operational and technical aspects of consent mechanisms, along with the implications of their failure.

Thora Johnson, Partner, Orrick, Herrington & Sutcliffe
Sundeep Kapur, Senior Associate, Orrick, Herrington & Sutcliffe
Andrew Shaxted, Senior Managing Director, FTI Consulting

CLE Credits Available: Y

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Contacts

Thora Johnson Partner, Life Sciences & HealthTech, Cyber, Privacy & Data Innovation

Washington, D.C.

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Practice:

Technology & Innovation Sector
Life Sciences & HealthTech
Cyber, Privacy & Data Innovation
Strategic Advisory & Government Enforcement (SAGE)

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Thora Johnson Partner

Washington, D.C.

Thora works with medical device, pharmaceutical, biotech and digital health companies, helping them navigate the increasingly complex patchwork of state and federal health privacy laws. One client described her to the Legal 500 as a “very practical” advisor providing “exceptional guidance” on health information privacy and HIPAA compliance matters.

Her breadth and depth of experience enable Thora to assist clients in harnessing the power of artificial intelligence and executing data-sharing arrangements, all while protecting health data. As a result, Thora spends much of her time counseling pioneering startups and high-growth companies on responsible innovation in healthcare and life sciences.

Thora brings extensive experience counseling clients, including Fortune 500 companies and brick and mortar providers, on the Health Insurance Portability and Accountability Act (HIPAA) and other state and federal health privacy and regulatory compliance regimes including:

Office of the National Coordinator for Health Information Technology’s interoperability and information blocking regulations
Centers for Medicare & Medicaid Service’s (CMS’s) interoperability and patient access regulations
Part 2 confidentiality requirements applicable to substance abuse records
State health information privacy laws
State consumer privacy laws with special controls for health data
Medicare/Medicaid compliance
Mental Health Parity and Addiction Equity Act (MHPAEA)
Genetic Information Nondiscrimination Act (GINA)
Affordable Care Act (ACA) compliance
Regulatory requirements of the Employer Retirement Income Security Act (ERISA), the Internal Revenue Code, HIPAA, and the ACA as they apply to employer health and wellness plans

Thora routinely helps companies and large employers prepare for and respond to privacy and security incidents involving health information. She also defends clients in government investigations initiated by the OCR, OIG, DOJ, FTC and State AGs, among others.

Emily S. Tabatabai Partner, Cyber, Privacy & Data Innovation, Technology Companies Group

Washington, D.C.; Houston

See my bio

D:+1 202 339 8698
E: [email protected]

Practice:

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

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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.

Sundeep Kapur Senior Associate

Washington, D.C.

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D:+1 202 339 8402
E: [email protected]

Practice:

Technology & Innovation Sector

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Sundeep Kapur Senior Associate

Washington, D.C.

Sundeep also possesses an in-depth technical and legal understanding of the advertising technology (adtech) ecosystem (e.g., connected TV, linear TV, over-the-top media, desktop, mobile). He participates in adtech working groups and is a key contributor to the development of industry-wide privacy compliance solutions. He advises on compliance with self-regulatory regimes developed by the Network Advertising Initiative (NAI), the Interactive Advertising Bureau (IAB), and the Digital Advertising Alliance (DAA).

Sundeep is accredited by the International Association of Privacy Professionals (IAPP) as a Certified Information Privacy Professional in the United States (CIPP/US).

Hannah Levin Senior Associate, Cyber, Privacy & Data Innovation, Strategic Advisory & Government Enforcement (SAGE)

Washington, D.C.

See my bio

D:+1 202 339 8610
E: [email protected]

Practice:

Technology & Innovation Sector
Cyber, Privacy & Data Innovation
Strategic Advisory & Government Enforcement (SAGE)

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Hannah Levin Senior Associate

Washington, D.C.

Hannah provides guidance on state and federal regulations, including state data breach laws and notification requirements, the Children’s Online Privacy Protection Act (COPPA), the California Consumer Privacy Act (CCPA), the Federal Trade Commission Act (FTC Act), the Health Insurance Portability and Accountability Act (HIPAA), and the advertising industry’s self-regulatory regimes. She also helps clients navigate consumer protection issues, including the Restore Online Shoppers’ Confidence Act (ROSCA) and federal and state consumer protection statutes.

Hannah also has broad civil and criminal litigation experience. She has worked on complex class action and commercial litigation matters, government enforcement actions and internal corporate investigations. She has represented clients facing liability under a variety of state and federal laws, including federal and state consumer protection statutes.

Prior to entering private practice, Hannah served as a law clerk to the Honorable Lynne A. Battaglia of the Supreme Court of Maryland.

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