Session I - Digital Accessibility: Legal and Practical Considerations – Angela R. Matney, Anthony J. Diana, and Edward A. Fultz
Digital accessibility refers to the usability of websites, apps, and other digital properties by individuals with disabilities. This CLE will cover the current legal and regulatory landscape around digital accessibility. We will discuss how to identify and approach the legal issues associated with utilizing accessibility solutions, including privacy/security, eDiscovery, and record-retention obligations. Finally, we will consider digital accessibility in the context of emerging technologies.
Key topics to be discussed:
Introduction to digital accessibility
A look at the legal and regulatory landscape
Balancing potential benefits of accessibility solutions against data security, privacy, eDiscovery legal obligations
Digital accessibility, web3, and the metaverse
Session II - Ethics of Electronically Stored Information – Brian Chase
This presentation covers electronic discovery and the related ethical duty of competence. Drawing on guidance from the State Bar, recent e-discovery cases, and expert experience assisting attorneys, the presentation outlines the main risks to counsel and client of failing to properly understand e-discovery obligations in litigation.
Key topics to be discussed:
Understanding Sources of Digital Evidence in Litigation
Learning how the rules of civil procedure intersect with digital evidence
Review and practical guidance based on ethical decisions dealing with digital evidence and eDiscovery
Date: November 15, 2022
Angela R. Matney | Reed Smith LLP
Angie is counsel in the Entertainment and Media Industry Group. Her practice focuses on information privacy, data security, and digital accessibility. She supports clients in a wide range of industries, including health care, pharmaceuticals, entertainment and media, consumer packaged goods, retail, real estate, hospitality, travel, and financial services. Angie works with clients to protect their digital properties by providing counsel in the following areas:
Data privacy and security: Regulatory and compliance counseling with respect to data protection laws (including HIPAA, GDPR, CCPA, CPRA, CDPA, and state medical privacy laws) and related issues, including interest-based advertising, consumer and employee privacy rights, cross-border data transfers, and security incident preparedness and response.
Digital accessibility: Counsel and advice related to the ADA and other laws, regulations, and guidelines as applicable to websites, mobile applications, and the Internet of Things.
Advertising, marketing, and promotions: Consumer incentive and loyalty programs, sweepstakes, contests, text message marketing, and issues related to self-regulatory guidelines, particularly with respect to the health care industry.
Technology transactions and e-commerce: Outsourcing agreements, including SaaS and PaaS; data licensing agreements; consumer-facing agreements and policies; privacy matters associated with mergers and acquisitions.
Anthony J. Diana | Reed Smith LLP
Anthony is a partner in the Tech & Data Group and focuses his practice on commercial litigation, internal and regulatory investigations, electronic discovery and information governance, and data privacy and security.
He is a recognized leader in e-discovery and information governance issues, nationally ranked in this area by Chambers. Anthony has counseled large financial institutions, pharmaceutical companies and manufacturers on all aspects of the discovery and management of electronic information, including: the development of policies and procedures for the preservation, collection, review, and production of electronically stored information; the development of policies and procedures regarding the governance of information within various technologies, including internal and external social media, WiFi, BYOD, among others; the development of data source catalogues, disclosures, and responses relating to electronically stored information; the remediation of large volumes of legacy data (paper and electronic); and the defense of electronic discovery and information governance policies and procedures before federal regulators and the courts. Anthony has been an editor of the Electronic Discovery Deskbook, a treatise published by PLI, since its original publication in 2009. He is a frequent speaker on electronic discovery and information governance issues and has published numerous articles on these topics.
Anthony has counseled clients on policies and procedures designed to protect sensitive information and comply with various laws and regulations throughout the world, from storage, to transfer, to production to third parties. Anthony has represented clients before courts to ensure adequate protections are in place for this information, or to defend the protections that the clients have implemented. Anthony also has conducted investigations regarding data breaches and assisted in the remediation of the breaches.
He has represented clients in complex litigations, including class actions and multi-district litigations, involving alleged violations of state and federal securities laws, antitrust and anti-competitive laws, and RICO laws. He has prosecuted and defended breach of contract, breach of fiduciary duty, fraud, and lender liability claims, and counseled clients regarding mass tort liability, settlement strategy, and potential claims against plaintiffs’ counsel and experts. He has also represented creditors in prosecuting claims against debtor’s estate, and defended parties in adversary actions involving preference claims, fraudulent conveyance claims, and commercial non-bankruptcy law claims.
He has conducted numerous internal investigations for potential liability and violations of laws and/or regulations on behalf of audit committees and general counsel offices in connection with inquiries from regulators, auditors, and plaintiffs. Anthony has presented and defended the findings of investigations before regulators, including FINRA, the Federal Reserve, SEC and PCAOB, and auditors.
Edward A. Fultz | Reed Smith LLP
Edward is an associate in the Entertainment and Media Industry Group. Edward practices in all aspects of advertising, marketing, promotions, and brand protections. His practice includes prosecution and enforcement of trademark rights, review of advertising materials, and regulatory review of promotional activities such as sweepstakes, contests, and other prize promotions. In addition, he has experience with charitable solicitations and corporate transactions that deal with the advertising industry. He has an interest in the application of NFTs, the metaverse, and Web3.
Edward has experience in talent and influencer marketing, consumer protection, and FTC compliance. He drafts, reviews, and negotiates a range of agreements, including designer brand agreements, endorsement and talent agreements, and digital content licenses.
In addition, Edward helps clients navigate their privacy, information security, data security, and consumer protection issues.
Outside the firm, Edward is a DJ, in which he hosts a variety of professional events in the Washington D.C. area. In addition, he is a chess instructor, where he mentors and instructs K-12 on the game of chess.
Brian Chase | ArcherHall, LLC
Brian Chase is a consultant, expert witness, adjunct professor of law, and attorney. He is the former owner of Chase Technology Consulting, a legal technology consulting firm providing digital forensics and e-discovery expertise. He now serves ArcherHall’s Managing Director of Digital Forensics and eDiscovery.
Mr. Chase has a diverse education and work background. He spent years working as a network administrator for the University of Arizona. He has a Management and Information Systems degree from the Eller College of Management at the University of Arizona, a top ranked program in the country. Mr. Chase went on to earn a law degree, also from the University of Arizona. He has worked with various sized law firms both in an IT and legal capacity. He has consulted with firms on their use of technology within the office and has provided expert testimony in criminal and civil matters ranging from misdemeanors to murder to medical malpractice.
Mr. Chase has published and spoken on various technology related issues impacting law firms as well as parties in the civil and criminal justice system. He teaches various topics regarding law and technology, and digital forensics and evidence, at a variety of legal and technical conferences. He was honored by the Tucson Hispanic Chamber of Commerce and the Arizona Daily Star with a “Tucson’s 40 Under 40 Award”, which recognizes young leaders who are making an impact in the community with their professional and charitable work.
Session I – Digital Accessibility: Legal and Practical Considerations | 11:00am – 12:00pm
Introduction to digital accessibility | 11:00am – 11:15am
A look at the legal and regulatory landscape | 11:15am – 11:30am
Balancing potential benefits of accessibility solutions against data security, privacy, eDiscovery legal obligations | 11:30am – 11:45am
Digital accessibility, web3, and the metaverse | 11:45am – 12:00pm
Break | 12:00pm – 12:10pm
Session II – Ethics of Electronically Stored Information | 12:10pm – 1:10pm
Understanding Sources of Digital Evidence in Litigation | 12:10pm – 12:30pm
Learning how the rules of civil procedure intersect with digital evidence | 12:30pm – 12:50pm
Review and practical guidance based on ethical decisions dealing with digital evidence and eDiscovery | 12:50pm – 1:10pm