08/31/2015 - IT, Privacy & eCommerce Committee Newsletter
> Message from the Chair  
> Upcoming Events  
> Member Spotlight  
> Did You Hear About….?  
> Member Connections and Newsletter Ideas  
> Call for Volunteers  
> Annual Meeting Session Information  
> Recent Committee – Developed Resources  
> Committee Leadership  
> Sponsor Highlight  
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Updates From ACC Committees

Message from the Chair
Greetings from Kerry Childe, Chair of the ITPEC Committee

Greetings from the IT, Privacy, and eCommerce Committee! We’re deep into preparations for the ACC 2015 Annual Meeting, as I’m sure many of you are also. This will be the last newsletter before the Annual Meeting this year, since it’s a couple of weeks earlier than it has been in the past. I look forward to meeting some of you during the Annual Meeting. There’s so much work that goes into the conference from Committees, Chapters, and ACC, and it’s always a great way to reconnect with your colleagues, meet new ones, and learn things. I try to mix it up every year, attending some sessions related to my position and some sessions that have nothing to do with my current practice, just to keep it interesting. There was a great post on last year’s 2014 Attendees eGroup about how to do the Annual Meeting (geared toward the newer attendee, but valuable even if you’re an Annual Meeting veteran); I hope the poster reposts it. 

I hope you’ll be able to join us for the ITPEC Business Meeting at the Annual Meeting, also. We spend some time talking about our successes for the past year but most of the meeting is devoted to discussing what we’d like to do for the next year – it’s a great way to get in on the ground floor of the Committee functions and have some influence in our programming and publications in the coming year. Of course, we’ll also have a survey and we’re always accepting suggestions, so if you can’t make the business meeting this year you still have lots of other ways to provide input. We welcome it!

We’ll begin work on the 2015-2016 Strategic Plan in the next couple of weeks, and bring some general discussion about the direction of the Committee to the Business Meeting. We’ll also look for your input as we finalize it. 

You may have seen that we have had some transition in our Leadership team recently. I’m excited to welcome our new Vice Chair, K Royal, as well as our other new members of Leadership:

            Relani Belous, Membership Co-Chair

            Liz Fouts, Programs Co-Chair

            Carol Brani, Cloud Co-Chair (Supplier side)

            Josh Torres, Cloud Co-Chair (Buyer side)

We have a great team in Leadership and we’re excited to welcome them, bringing great ideas and energy to our Leadership team.  We’re always looking for new volunteers, though, because we have lots of great ideas and a hard limit on the number of hours in the day. Please don’t hesitate to contact any of our members of Leadership if you’re interested in volunteering or participating. Our contact information is available on the ITPEC Leadership site on acc.com. 

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. Feel free to reach out to me directly at kerry.childe@bestbuy.com or via the ITPEC general mail box at ACCITPrivacy@gmail.com. I look forward to hearing from you!

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Upcoming Events

Please join us for our upcoming Committee Meetings:

ITPEC Committee Call, Thursday September 3, 2015, at 12 noon ET/5 pm GMT

Webcast, Tuesday, September 8, 2015, at 12 noon ET/5pm GMT, which includes the presentation “IT Law for Non-IT Lawyers”

EMEA Call, Thursday, September 10, 2015, at 9:30 am ET/2:30 pm GMT, which includes the presentation “Apple Pay, Internet of Things and Connected Commerce in Europe”

ITPEC Annual Business Meeting, Tuesday, October 20, 2015, at 1:00 pm ET/6:00 pm GMT, which includes a discussion of planning for the next Committee year.

View upcoming events at the following link:

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Member Spotlight

Each quarter, ITPEC would like to introduce you to a fellow ITPEC member.  This quarter, get to know Juli Greenberg.

Juli Greenberg serves as a Co-Chair of the ITPEC Publications Subcommittee, along with Sarah Sederstrom. Juli enjoys researching and writing about payments and information technology, as well as speaking on issues related to technology and payments. Juli’s “real-life” job is Assistant General Counsel and Senior Vice President at Citi Retail Services.  At Citi, Juli works on matters related to private label credit card issuance, including contract negotiation, regulatory compliance, strategic partnerships, and mobile technologies.  Prior to joining Citi Retail Services’ legal team, Juli was Corporate Counsel at Heartland Payment Systems, Inc., the fifth-largest merchant acquirer in the United States. Some of Juli’s favorite projects included the development of Heartland’s mobile applications, the acquisition and growth of a mobile point-of-sale system company, and her involvement with Heartland’s prepaid, card-linked and loyalty initiatives.  Before joining Heartland, Juli was a Litigation Associate at Blank Rome, LLP where she litigated contract disputes, business torts, labor and employment issues, and trademark and copyright infringement matters. In addition, she advised clients on a wide range of commercial matters, including privacy and data security compliance.  Aside from being a payments and technology nerd, Juli spends her time pursuing equestrian activities, tennis, jogging (or, more accurately, “trotting”), hiking, reading, gardening, cooking, and being a mommy to her beautiful and clever four-year old daughter, Lauren.  For more details on Juli’s work history and speaking/publishing activities, please check out her LinkedIn profile.

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Did You Hear About….?

The FCC issued a Declaratory Ruling on July 10, 2015 relating to requests for clarification of the Commission's TCPA rules.
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Member Connections and Newsletter Ideas

We want to hear from you! ITPEC would love to hear how we could better connect members through the newsletter. We would also want to know if you would like to assist with a Newsletter feature or quarterly column. Please contact Juli Greenberg or Sarah Sederstrom, Publications Co-Chairs, with your ideas or willingness to volunteer.  Their contract information can be found on the Committee website.
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Call for Volunteers

Interested in writing an article for the ACC Docket, the ACC Docket Briefings or Docket.com?  Contact Juli Greenberg or Sarah Sederstrom, Publications Co-Chairs. 

ACC publication guidelines are available at: http://www.acc.com/accdocket/edguide.cfm

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Annual Meeting Session Information

Don’t forget to reserve your hotel for the ACC Annual Meeting. October is just around the corner. ITPEC is presenting six panels this year, and registration for each of them is going very well!  Our Committee will be presenting the following:

Monday, October 19, 2015

9:00 AM - 10:30 AM

102 - To BAA or Not to BAA: Understanding and Navigating the Business Associate Agreement

Skill Level: Intermediate

As a result of the Health Information Technology for Economic and Clinical Health Act (HITECH), many businesses which weren’t subject to the Health Insurance Portability and Accountability Act (HIPAA) are suddenly struggling to understand their requirements and responsibilities under HIPAA. For example, the session will cover requirements and responsibilities related to negotiating contracts, accepting liability, providing indemnity and complying with federal requirements. This session will also discuss Business Associate Agreements: who is subject, what a subject entity is required to do (and what they’re not required to do), and what that means for their business –– especially if the business isn’t actually in the healthcare field. This includes an understanding of what should and shouldn’t be in the agreement; what may seem to be boilerplate should be carefully examined. A basic understanding of HIPAA requirements will be helpful for this session.


11:00 AM - 12:30 PM

207 - The Legal Perspective on the "Internet of Things"

Skill Level: Intermediate

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 myriad legal concerns. This panel will delve into the key legal issues associated with the Internet of Things: privacy, data security and the regulatory perspectives from the Federal Trade Commission, the Food & Drug Administration and the Federal Communications Commission.

4:30 PM - 6:00 PM

402 - Why US Standard Terms Won't Work Overseas—Comparing US, EU, Latin American and Asian Enforceability Challenges

Skill Level: Intermediate 

Nearly every in-house counsel has faced an impending overseas deal when only local law-governed terms are at hand. Naturally, instinct favors 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 exist to navigate risk and avoid unenforceability around the globe? Join this informed discussion among international practitioners as they determine the best way to deal with the challenges of localization for foreign jurisdictions.

Tuesday, October 20, 2015

11:00 AM - 12:30 PM

602 - Electronic Signatures: Are They an Option for Your Organization?


Skill Level: Intermediate

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

4:30 PM - 6:00 PM

803 - Crossing the Atlantic: Navigating the Rough Litigation Waters in the United States and Europe

Skill Level: Advanced 

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 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 the United States, using real-world examples to help in-house counsel better prepare to deal with the practical implications of litigation involving multiple jurisdictions.

Wednesday, October 21, 2015

11:00 AM - 12:30 PM

1010 - Building a Defensible Privacy Program

Skill Level: Basic

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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Recent Committee – Developed Resources

Recent Committee – Developed Resources

Top 10 – Europe's proposed 
General Data Protection Regulation

  •  Jul 2015 Top Ten This top ten deals with Europe's proposed general data protection regulation.

Customer Survey Sweepstakes - Alternative Method of Entry (AMOE)

  • Jun 2015 Wisdom of the Crowd  This Wisdom of the Crowd, compiled from responses posted on the IT, Privacy & eCommerce eGroup, addresses legal issues surrounding promotion of alternative method of entries in customer survey sweepstakes. ...

Information Security Vendor Questionnaire

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Committee Leadership

Chair, Kerry Childe

Vice-Chair, K Royal

Secretary,  Nia Jenkins

Membership Co-Chair,  Relani Belous

Membership Co- Chair, Jasbir Khalsa

Annual Meeting Program Co-Chair, Katia Bloom

Annual Meeting Program Co-Chair, Harold Federow

Programs Co-Chair, Irene Kosturakis

Programs Co-Chair, Elizabeth Fouts

Publications Co-Chair, Sarah Sederstrom

Publications Co-Chair, Juli Greenberg

Social Media Co-Chair, Kevin Murphy

Social Media Co-Chair. Carol Brani

Advocacy/Early Warning Chair. Stewart Pomerantz

Big Data Co-Chair. Allison Trimble

Big Data Co-Chair, Lisa Zolidis

Cloud Computing Co-Chair, Josh Torres

Intellectual Property Committee Liaison, John Bates

 Immediate Past Chair, Allison Malin

Contact information for Committee Leadership can be found at: http://www.acc.com/committees/itpec/leadership.cfm
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Sponsor Highlight

A big THANK YOU to Fieldfisher our ITPEC sponsor! Fieldfisher has provided immense expertise and support of the ITPEC Committee.  We look forward to seeing Fieldfisher at the ACC Annual Meeting in October
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