March 10, 2015
Greetings from Kerry Childe, Chair of the ITPEC Committee  
Upcoming Events  
Call for Volunteers  
Strategic Plan and New Initiatives in March 2015  
Annual Meeting Session Information  
Practice Resources  
Committee Leadership  
Thank You  
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Updates From ACC Committees

Greetings from Kerry Childe, Chair of the ITPEC Committee

Hi! I am Kerry Childe, current Chair of the IT, Privacy, and eCommerce Committee.  Allison Malin, our immediate Past Chair, did a wonderful job of leading us for the past two years and left me a committee in great shape, with a strong, active global membership.  As the recently-elected Chair of the committee, and someone who has been involved in the committee for several years, I want to tell you how proud I am of the work that we’ve put in to providing value and information to our members and the broader ACC over the last few years.  I think we’re in a great position to undertake our work this year and going forward.  

One of the things I’m particularly excited about this year is our new effort to bring timely information and practical advice to our committee members in the form of a new working group centered around Big Data.  We’re in the planning stages, so if you’d like to get in on the ground floor, and particularly if you’d like a leadership position within this subcommittee, please reach out.  We’re modeling it on our very successful Cloud Subcommittee, co-chaired by Chris Koa and Jim Brashear.  

I’m also thrilled to welcome several new members to the Leadership team. K Royal will be working with Jasbir Kaur Khalsa on Membership while Tracy Stanton steps back for a bit to adjust to a new role in a new company.  Kevin Murphy and Carol Brani will be working to chair and co-chair, respectively, our new Social Media Subcommittee, which will bring social media information to the Committee, but also work to share committee information on social media and engage with people who might not otherwise get to hear about all our fabulous work.  I have to give all credit to the Sports and Entertainment Committee, in particular David Cohen, for that great idea and for letting me rip it off wholesale.  

Of course I’m also excited about all the work we’ll be doing for the Annual Meeting.  In addition to the panels for which ITPEC is responsible, we’ll also be working to partner with other committees as they put their panels together.  We’re also collaborating with Fieldfisher, our sponsor, to provide timely Legal Quick Hits, written materials, and other information.  If there’s anything you’d especially like to see, don’t hesitate to let us know.  The committee and all its efforts are for you – to help you do your day job – so let us know what you need.

The ITPEC mission is to be the preeminent center of legal expertise, providing timely, practical, and best–in-practice advice for in-house counsel in all areas of information technology, privacy, and eCommerce at the global level.  We can do that with the participation and involvement not only of our members, but of the ACC Community at large.  I look forward to working with the committee this year.  Feel free to reach out to me directly at or via the ITPEC general mailbox.  Here’s to a great year!

Kerry Childe
Senior Corporate Counsel
Best Buy Co., Inc.

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Upcoming Events

Please join us for our upcoming committee meetings and informational calls:

Asia Pacific, Australia and China Call: Personal Information Protection in China: Current Practice and the Challenges in the Era of Big Data
Wednesday, March 18th, 2015 at 11:00 PM ET, Thursday March 19th, 2015 at 11:00 AM SGT

Committee Call and Legal Quick Hit: Why the Big Fuss About Big Data
Thursday, March 19th, 2015 at 12:00 PM ET, 4:00 PM GMT (NOTE THE DATE – Rescheduled to accommodate the IAPP Global Privacy Summit)

Committee Call
Thursday, April 2nd, 2015 at 12:00 PM ET, 4:00 PM GMT

Europe, Middle East and Africa Call
Thursday, April 9, 2015 at 10:00 AM ET, 2:00 PM GMT

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Call for Volunteers

Interested in writing an article for the ACC Docket, the ACC Docket Briefings or  Contact Juli Greenberg or Sarah Sederstrom, Publications Co-Chairs.  Their contract information can be found on the committee leadership page.

More information on ACC publication guidelines is also available by clicking here.

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Strategic Plan and New Initiatives in March 2015

Committee Leadership has been diligently working on the ITPEC Strategic Plan for 2015.  The plan will be unveiled next month on the Committee Website.  The 2013-2014 Strategic Plan can be found here.

The Committee’s Mission and Charter are available here.

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Annual Meeting Session Information

The ITPEC Committee will have several sessions for the 2015 Annual Meeting:

1.    The Legal Perspective on the “Internet of Things”    

We live in a world where a wearable fitness tracker can tell you how many steps you’ve walked; your thermostat magically knows how to adjust the temperature in your house when you come home; you can control devices in your home with your phone, medical devices connect to insulin pumps wirelessly and your car logs everything from where you’re going to how many miles you’ve driven on public roads. While the possibilities are endless, they come with a myriad of legal concerns. This panel will delve into the key legal issues associated with the Internet of Things: privacy, data security and the regulatory perspective from the Federal Trade Commission, Food and Drug Administration and Federal Communications Commission.  

2.    Electronic Signatures: Are they an Option for your Organization?   

Commercial transactions move at a break neck pace in today’s business environment. Technological advancements in contract drafting programs, word processing programs, and video/telephone conferencing have enabled more agreements to be completed in less time.  Even so, a bottle neck persists for many organizations during the execution phase of an agreement which is governed by archaic principles that do not take advantage of the current laws and technologies.  This session will explore the various types of electronic signatures; the current laws surrounding electronic signatures; the products and services available to support an electronic signature; and best practices for adopting an electronic signature program.

3.    Why your US Standard Terms won't Work Overseas – Comparing US, EU, Latin America and Asian Enforceability Challenges

Nearly every in-house counsel has faced an impending overseas deal when only local law governed terms are at hand. Naturally, instinct favours home advantage and their own system and laws, but experience shows this instinct may, in practice, inform the wrong decision. Do you push to use the local terms unamended or should you localize the US terms for another jurisdiction?  The decision is a fundamental one that sets the tone and shape of negotiations immediately. This panel will examine and compare key tech contract principles across legal systems: Which terms won't translate and remain enforceable?  What key changes are required to make them work? What practical solutions to navigate risk and avoid unenforceability around the globe? Real-world examples, from real deals. Join this informed discussion among international practitioners as they determine the best way to deal with the challenges of localization for foreign jurisdictions.    

4.    Crossing the Atlantic: Navigating the Rough Litigation Waters in the United States and Europe   

As more companies go global, in-house counsel must manage litigation where a foreign entity is sued in the United States or litigate a matter in Europe. Not only must in-house counsel educate overseas managers about the reality of litigation in the United States and learn various rules abroad, but they also face the difficult task of determining what is discoverable and how to conduct investigations to comply with both the demands of US courts and stringent EU data and privacy regulations. This panel will focus on highlighting the differences between the key stages of litigation in the European Union and United States, using real-world examples to help in-house counsel better prepared to deal with the practical implications of litigation involving multiple jurisdictions.
5.    Building a Defensible Privacy Program

To create a privacy program that meets compliance demands and customers' expectations, there are four main areas you will need to address: getting your C-Suite's attention without the "help" of law enforcement or regulators, determining what resources are already in place to prevent the worst, prioritizing what is most important for your company to avoid disaster, and putting together a long term, defensible strategy.  In this session, learn ways to build trust, design a defensible program and create a lasting privacy culture.

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Practice Resources

Fieldfisher is the 2015 sponsor for ACC's IT, Privacy & eCommerce Committee.   Here are some recent practice resources they have developed for our committee:

Sample Forms & Policies

Change Control Procedure for a Services Agreement (UK)
Data Protection Warranty For Inclusion in Share Purchase Agreement (UK)
Deed of Novation (UK)
Deed of Variation (UK)
Domain Name Transfer Agreement (UK)

Top Ten

Top Ten Tips for Using US Sales Terms in Europe


Cybersecurity Risk Oversight Including the NIST Framework and EU Approaches
The Challenges of Localization: Why Your US Standard Terms Won't Work in Europe

Legal Quick Hits

Trade Secrets in Europe - Time for Harmonization
A Quick Overview of the New Cloud Standard from the International Organization for Standardization
Implementing Large-Scale IT Projects
Boilerplate: Why the Boring Stuff Matters
Is Your Law Department Ready for the EU Cookies Sweep

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Committee Leadership

Chair, Kerry Childe
Vice-Chair, Kathryn Reid
Secretary, Nia Jenkins
Membership Co-Chair, Jasbir Kaur Khalsa
Membership Co-Chair, K Royal
Membership Co-Chair (on temporary break), Tracy Stanton
Annual Meeting Program Co-Chair, Katia Bloom
Annual Meeting Program Co-Chair, Harold Federow
Publications Subcommittee Co-Chair, Juli Greenberg
Publications Subcommittee Co-Chair, Sarah Sederstrom  
Advocacy/Early Warning Subcommittee Chair, Stewart Pomerantz
Programs Subcommittee Co-Chair, James Brashear
Programs Subcommittee Co-Chair, Irene Kosturakis
Cloud Computing Subcommittee Co-Chair, James Brashear
Cloud Computing Subcommittee Co-Chair, Christopher Koa
Social Media Subcommittee Chair, Kevin Murphy
Social Media Subcommittee Vice Chair, Carol Brani
Intellectual Property Committee Liaison, John Bates
Immediate Past Chair, Allison Malin

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Thank You

A big thank you goes out to Fieldfisher, our committee’s sponsor! Fieldfisher has provided immense expertise and support to the ITPEC Committee over the past year. We look forward to their continued expertise and sponsorship in 2015.

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