partner - typepad · meadwestvaco corporation v. rexam plc (e.d.va. 2010-11) – represented party...

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10/14/2016 Edward R. McNicholas | M | People | Sidley Austin LLP http://www.sidley.com/people/mcnicholas_edward 1/10 1501 K Street, N.W. Washington, D.C. 20005 +1 202 736 8010 [email protected] View LinkedIn Profile CONTACT PRACTICES Privacy, Data Security and Information Law Supreme Court and Appellate Complex Commercial Litigation White Collar: Government Litigation & Investigations AREAS OF FOCUS Big Data, Internet of Things and Artificial Intelligence Congressional Investigations EDW ARD R. MCNICHOLAS Partner ED MCNICHOLAS, a co-leader of Sidley’ s Privacy, Data Security, and Information Law practice, represents technologically-sophisticated clients facing complex cybersecurity, information technology, privacy and related constitutional issues. Commended by The Legal 500 US for his “deep knowledge of privacy and information security,” Ed spearheads Sidley’ s cybercrime focus and has significant experience with litigation and counseling matters involving privacy and data protection, electronic surveillance, cloud computing, the Internet of Things, trade secrets, online advertising, social media, big data/data science and national security. Ed is frequently recognized as a leader in his field. In addition to his inclusion in The Legal 500 US, Ed has been named in a Computerworld survey of “Best Privacy Advisers” as one of the “Top 25 Privacy Experts” in the country and has been included in The International Who’ s Who of Internet, e-Commerce & Data Protection Lawyers since 2011. Chambers USA has included Ed in its rankings of the country’ s Leading Lawyers since 2008 and notes that he “impresses sources with his outstanding knowledge and responsive service . . . handling complex privacy matters in his trial and appellate practice.” The 2015 edition of Chambers USA recognized Ed as a lawyer who “can help you to put any issue quickly into context” and who has substantial experience in investigations and contentious matters. Chambers Global has recognized the global reach of Ed’ s data protection practice since 2011. Chambers also has commended Ed in its nationwide litigation rankings for e- discovery. Most recently, in 2016, the Washingtonian named Ed in its inaugural listing of best Cybersecurity lawyers, and the Cybersecurity Docket included Ed on its inaugural “Incident Response 30” list of the nation’ s best cybersecurity and data breach response lawyers. Reflecting the breadth of Ed’ s practice, his recent experience includes: Representing international Internet Cross Community Working Groups with respect the historic and widely-followed transition of the Internet domain name system away from US Government control to private governance by a Multistakeholder community within ICANN. Representing major retailers experiencing congressional, litigation, and investigative challenges after cybersecurity attacks including in Moyer v. Michaels Stores, Inc., 2014 WL 3511500 (N.D. Ill. 2014) and Frank v. The Neiman Marcus Group, No. 1:14-cv-233 (E.D.N.Y. 2014). EXHIBIT 1 Case: 1:16-cv-09733 Document #: 1-1 Filed: 10/14/16 Page 1 of 53 PageID #:23

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Page 1: Partner - Typepad · MeadWestvaco Corporation v. Rexam PLC (E.D.Va. 2010-11) – Represented party regarding effect of French blocking statute on U.S. discovery requirements. Turner

10/14/2016 Edward R. McNicholas | M | People | Sidley Austin LLP

http://www.sidley.com/people/mcnicholas_edward 1/10

1501 K Street, N.W.Washington, D.C. 20005+1 202 736 8010

[email protected]

View LinkedIn Profile

CONTACT

PRACTICES

Privacy, Data Securityand Information Law

Supreme Court andAppellate

Complex CommercialLitigation

White Collar: GovernmentLitigation & Investigations

AREAS OF FOCUS

Big Data, Internet ofThings and ArtificialIntelligence

CongressionalInvestigations

EDWARD R. MCNICHOLASPartner

ED MCNICHOLAS, a co-leader of Sidley’s Privacy, Data Security, and Information Lawpractice, represents technologically-sophisticated clients facing complex cybersecurity,information technology, privacy and related constitutional issues. Commended by TheLegal 500 US for his “deep knowledge of privacy and information security,” Edspearheads Sidley’s cybercrime focus and has significant experience with litigationand counseling matters involving privacy and data protection, electronic surveillance,cloud computing, the Internet of Things, trade secrets, online advertising, socialmedia, big data/data science and national security.

Ed is frequently recognized as a leader in his field. In addition to his inclusion in TheLegal 500 US, Ed has been named in a Computerworld survey of “Best PrivacyAdvisers” as one of the “Top 25 Privacy Experts” in the country and has been includedin The International Who’s Who of Internet, e-Commerce & Data Protection Lawyerssince 2011. Chambers USA has included Ed in its rankings of the country’s LeadingLawyers since 2008 and notes that he “impresses sources with his outstandingknowledge and responsive service . . . handling complex privacy matters in his trialand appellate practice.” The 2015 edition of Chambers USA recognized Ed as alawyer who “can help you to put any issue quickly into context” and who hassubstantial experience in investigations and contentious matters. Chambers Globalhas recognized the global reach of Ed’s data protection practice since 2011.Chambers also has commended Ed in its nationwide litigation rankings for e-discovery. Most recently, in 2016, the Washingtonian named Ed in its inaugural listingof best Cybersecurity lawyers, and the Cybersecurity Docket included Ed on itsinaugural “Incident Response 30” list of the nation’s best cybersecurity and databreach response lawyers.

Reflecting the breadth of Ed’s practice, his recent experience includes:

Representing international Internet Cross Community Working Groups with respectthe historic and widely-followed transition of the Internet domain name system awayfrom US Government control to private governance by a Multistakeholdercommunity within ICANN.

Representing major retailers experiencing congressional, litigation, and investigativechallenges after cybersecurity attacks including in Moyer v. Michaels Stores, Inc.,2014 WL 3511500 (N.D. Ill. 2014) and Frank v. The Neiman Marcus Group, No.1:14-cv-233 (E.D.N.Y. 2014).

EXHIBIT 1

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Consumer Protection andUnfair Trade Practices

Cybersecurity,Cybercrime and DataBreaches

Digital Media andEntertainment

EU and InternationalPrivacy

Financial Information andPrivacy Law

Healthcare Informationand Privacy

Information Security andData Breaches

Internal Investigations

Internet, Social Media andE-Commerce

Multidistrict Litigation

National Security

Religious Institutions

Technology, Media andPrivacy Law

Trade Secret and UnfairCompetition Litigation

ADMISSIONS &CERTIFICATIONS

U.S. Supreme Court

U.S. Court of Appeals,1st Circuit

U.S. Court of Appeals,2nd Circuit

U.S. Court of Appeals,4th Circuit

U.S. Court of Appeals,5th Circuit

U.S. Court of Appeals,6th Circuit

U.S. Court of Appeals,9th Circuit

Prior to joining Sidley, Ed served as an Associate Counsel to President Clinton. In thatcapacity, he advised senior White House staff regarding various Independent Counsel,congressional and grand jury investigations. Ed has developed unique experiencerepresenting clients in the midst of media-driven legal challenges. His crisismanagement skills are particularly useful in coordinating the swirl of complex litigation,congressional hearings, and federal and state investigations that can follow frommajor privacy and cybersecurity incidents.

Assisting corporations with preparation for and responses to sophisticatedcybersecurity incidents.

Advising U.S. companies on EU cross-border data transfer and cloud computingissues.

Helping insurance, automotive, and Internet companies formulate big datagovernance programs for systems that generate actionable insights and enhancecustomer choice while mitigating legal risk.

Litigation and Investigations

Ed leads internal investigation and litigation matters that frequently involve complex,multi-jurisdictional, and multi-national litigation issues, particularly federal courtjurisdictional and constitutional concerns related to the First and Fourth Amendments.He also has extensive experience in the use of Internet and financial forensics, theinvestigation of sophisticated international frauds and complex electronic discoveryissues. His internal investigation and regulatory investigations experience includes:

EXPERIENCE

Defense of a medical device manufacturer victim of an APT foreign national stateattack aimed at R&D servers, including related defense of state attorney generalinquiries.

Investigation of potential wiretapping allegations at major consumer financialservices company.

Investigation and assertion of claims regarding electronic communicationssurveillance among the owners of a major professional sports franchise.

Guidance to a U.S. critical infrastructure provider during a foreign nationalcybersecurity attack.

Response to an information security intrusion at a major e-commerce site involvingtens of millions of consumer records and related global data protection authorityinquiries.

FTC and State Attorney General investigations involving data breaches, consumerprotection, and privacy issues, as well as other unfair or deceptive businesspractices.

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U.S. Court of Appeals,10th Circuit

U.S. Court of Appeals,D.C. Circuit

U.S. District Court,District of Columbia

U.S. District Court, C.D.of Illinois

U.S. District Court,District of Maryland

U.S. District Court, E.D.of Michigan

District of Columbia

Maryland

EDUCATION

Harvard Law School, J.D.,1996 (cum laude, Editor,Harvard Law Review)

Princeton University,A.B., 1991 (summa cumlaude, Phi Beta Kappa,Woodrow Wilson SchoolThesis Prize)

CLERKSHIPS

Paul V. Niemeyer, U.S.Court of Appeals, 4thCircuit (1996 - 1997)

INDUSTRIES

Life Sciences

Technology

Media and Entertainment

Financial Services

He has litigated several matters before federal and state courts as well as regulatoryagencies, and has considerable experience with regulatory proceedings involving theFTC, State Attorneys General, the Securities and Exchange Commission, and othergovernment investigations. A sampling of his major litigation representations includes:

Conducted investigations of CPNI compliance incidents.

Investigated extensive TCPA compliance issues and developed governancestructures for Internet, pharmaceutical and healthcare companies

Trinity Lutheran Church v. Pauley, No 15-577 (U.S. 2016) - Represent amicus U.S.Conference of Catholic Bishops and other religious institutions in amicus briefargument against religious discrimination absent compelling circumstances.

Adheris v. Sebelius (D.D.C. 2013) – Successful constitutional challenge toHIPAA/HITECH refill reminder regulations.

In re: Google Inc. Cookie Placement Consumer Privacy Litigation, MDL No. 2358(2012) – Defended Internet advertising company, PointRoll, in litigation regardingcookies and browser settings.

MDL 1791: In re National Security Agency Telecommunications Records Litigation -(N.D.Cal. and 9th Cir. 2006-12) Defense of AT&T against constitutional andstatutory claims in multiple purported class actions related to alleged nationalsecurity programs, resulting in dismissal of all claims.

Hosanna-Tabor Evangelical Lutheran Church v. EEOC, No 10-553 (U.S. 2012):Represent various religious institutions amici arguing for the freedom of religiousorganizations to define their own self-understanding of their ministers.

MeadWestvaco Corporation v. Rexam PLC (E.D.Va. 2010-11) – Represented partyregarding effect of French blocking statute on U.S. discovery requirements.

Turner v. Rogers (U.S. 2011) – Represented amici Legal Aid Society of D.C. et al. insignificant right to counsel appeal.

Accusearch v. Federal Trade Commission (10th Cir. 2008) – Representation of theOffice of the Privacy Commissioner of Canada as amicus curiae in appeal fromprivacy enforcement action.

Menges v. Walgreen Co. v. Blagojevich (Illinois state and federal courts. 2005-09) -Defense of Walgreens in suits related to whether pharmacists must dispense Plan Bemergency contraception.

Crawford v. Marion County Election Board (U.S. 2008): Represented the NationalLaw Center on Homelessness and Poverty and a coalition of other nationalhomelessness groups as amici curiae in this significant challenge to voteridentification requirements.

City of New York v. Fifth Avenue Presbyterian Church (S.D.N.Y., 2d Cir., U.S., 2002-07) – Successfully represented the Fifth Avenue Presbyterian Church in a disputeover its homeless ministry.

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Counseling and Regulatory

Sylvia’s Haven, Inc. v. Massachusetts Development Finance Agency (D. Mass,2005; 1st Cir. 2006) Represented Sylvia’s Haven, Inc. in appeal of base closureissues.

AT&T Corp. v. 2PrePaid Inc. (M.D. Fla. 2006) - Obtained damages and permanentinjunction against unlawful Internet sales of counterfeit AT&T prepaid calling cards.

Boothe v. Hanson (Texas District Court 2005) - Obtained a blanket injunctionagainst an elusive Internet critic in a case involving extensive use of Internetforensics. See “As Angry Patients Vent Online, Doctors Sue to Silence Them,” WallStreet Journal, Sept. 14, 2005.

AT&T v. Sprint (S.D.N.Y. 2004): Represented AT&T in unfair competition andtrademark litigation.

AT&T Corp. v. CyberTelecom, Inc. (S.D. Fla. 2004) - Obtained preliminary andpermanent injunctions against Internet distribution of counterfeit prepaid callingcards in a case involving extensive Internet forensics.

In re Microsoft Corp. Antitrust Litigation, MDL No. 1332 (D. Md. 2000-03) -Represented Microsoft in competitor class actions including those brought byNetscape and Burst.

Physicians Interactive v. Lathian Systems, Inc. (E.D. Va. 2003) - Obtainedpreliminary injunction for plaintiffs alleging hacking of computer systems in order toobtain trade secrets.

Globalsantafe Corp. v. Globalsantafe.Com (E.D. Va. 2003) - Developed andprevailed on a novel theory of in rem jurisdiction that asserted U.S. jurisdiction toenforce its resolution of an Internet domain name dispute regardless of a directlycontradictory order from a court in South Korea.

Al-Abood v. El-Shamari (E.D. Va.; 4th Cir. 2000) - Affirming jury verdict Sidley wonon a variety of fraud theories related to complex international investments.

Counseling major U.S. and global companies on the invalidation of the U.S.-EUSafe Harbor and the new EU General Data Protection Regulation.

Representing Internet companies on public policy issues regarding the benefits ofconsumer encryption.

For several telecommunication and Internet companies, providing analysis, adviceand regulatory counseling regarding major U.S. and international privacy and datasecurity laws and regulations, including ECPA, CFAA, COPPA, GLBA, the FCRA,and unfair or deceptive trade practice restrictions.

Developed innovative data governance structures for several “big data” / datascience projects.

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Transactional Experience

Advising one of the largest participants in the payment card system regardingfederal and state data security requirements.

Advising several investment advisors and hedge funds with respect to rapidlyevolving cybersecurity rules.

Represented several major Internet, retailer, pharmaceutical, financial services andtelecommunications in connection with several hundred data security incidents thatrequired analysis of breach reporting obligations under U.S. and internationalstatutes.

Developing incident response plans for a wide range of companies including majorretail pharmacies, insurance, telecommunications, hedge funds and criticalinfrastructure providers.

Counseling several branded pharmaceutical manufacturers on a range of privacycompliance issues.

For major media companies, analyzing compliance with U.S. and internationalprivacy and data security laws and regulations, including advertising restrictions andchildren’s privacy.

Directing due diligence on the privacy aspects during acquisitions of companiesproviding gaming platforms, electronic payment systems and online training.

Advised PayPal Inc. with respect to privacy and data security issues in its acquisitionof Xoom Corporation (NASDAQ:XOOM), a leading international digital moneytransfer provider for $890 million in cash, as well as its acquisitions of Paydiant,which helps retailers operate mobile wallets; Zong SA, which processes mobilepayments; Modest, a Swiss mobile payments platform; and CyActive, an Israelicybersecurity company.

Advised the Lagunitas Brewing Company, a U.S. craft brewery, with respect toprivacy and data security in its agreement to sell an equity interest to Heineken N.V.,one of the world’s largest beer companies.

Advised SEGA Networks Inc., an interactive entertainment company, with respect toprivacy and data security issues in its acquisition of Demiurge Studios, developer ofmobile, console and PC games.

Ed is a frequent commentator on privacy, data security, and information law issuesand has written extensively on various information law and civil liberties topics for avariety of publications. He is an editorial advisor to Bloomberg BNA and served on itsformer Advisory Board for the BNA Privacy & Security Law Report. He was awarded a2010 Burton Award for Legal Achievement for his writing. His books and recentcontributions to treatises include:

PUBLICATIONS

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Many of his articles are collected on the Privacy, Data Security and Informationpractice page, available at www.sidley.com/InfoLaw, including:

“Cybersecurity: A Practical Guide to the Law of Cyber Risk,” PLI Treatise (leadgeneral editor) (2015).

“Federal Trade Commission Enforcement of Privacy and Data Security,” 500 Privacy& Data Security Practice Series, Bloomberg BNA (with Andrew Strenio and ClaytonNorthouse) (2014).

“Privacy and Security Issues in Cloud Computing,” 520 Privacy & Data SecurityPractice Series, Bloomberg BNA (with William Long, Yuet Ming Tham, MarkKaufmann and Colleen Brown) (2014).

“U.S. Efforts to Change Leak Laws,” Whistleblowers, Leaks and the Media (2014).

“Health Information Privacy and Security," 505 Privacy & Data Security PracticeSeries, Bloomberg BNA (co-author with lead author Anna Spencer) (2014).

“Autonomy: The Key Theory for Understanding the Evolution of US PrivacyLaw,” Privacy and Surveillance Legal Issues (2014).

“Privacy And Security,” Successful Partnering Between Inside and OutsideCounsel (co-author of a chapter on working together on privacy and security toachieve client objectives) (2013).

“Information Security and Privacy: A Practical Guide for Global Executives, Lawyersand Technologists,” ABA Section of Science and Technology Law (contributor)(2011).

“Privacy and Security,” Business and Commercial Litigation in Federal Courts, 3dEd. (co-author of chapter on implications of privacy and data security laws forcommercial litigation) (2011).

“Data Security & Cybercrime in the USA,” Lexology Navigator (with Alan Raul etal.) (July 2016).

“Considerations for Employers Collecting Health Information,” eHealth Law & Policy(with Anna Spencer) (June 6, 2016).

“Broker-dealers need to respond to recent focus on cybersecurity threats,” Journalof Investment Compliance (with David S. Petron and Michael D. Wolk) (2014).

“European Court of Justice Finds 'Right to be Forgotten' and Compels Google toRemove Links to Lawful Information,” NY Business Law Journal (co-author withWilliam Long et al.) (Summer 2014).

“White House Releases NIST Cybersecurity Framework,” Harvard Law SchoolForum on Corporate Governance and Financial Regulation (February 2014).

“Cybersecurity Insurance to Mitigate Cyber-Risks and SEC Disclosure Obligations,”BNA’s Privacy & Security Law Report (August 19, 2013).

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“Standing to Challenge Statutory Violations of Privacy Laws After First AmericanFinance Corporation v. Edwards,” BNA’s Privacy & Security Law Report (withJonathan Adams) (July 23, 2012).

“Regulated Social Media: Practical Advice for Addressing Evolving Technologies inRegulated Industries,” BNA’s Privacy & Security Law Report (with Sabrina Ross)(June 14, 2010).

“End of the Notice Paradigm?: FTC’s Proposed Sears Settlement Casts Doubt Onthe Sufficiency of Disclosures in Privacy Policies and User Agreements,” BNA’sElectronic Commerce & Law Report (with Alan Raul et al.) (July 15, 2009).

“National Security Letters: Practical Advice For Understanding and HandlingExceptional Requests,” BNA Privacy & Security Law Report (March 30, 2009).

“Competitive Privacy: Towards A New Area of Privacy Litigation?” IAPP PrivacyTracker (with Jennifer Tatel) (July/August 2008).

“A Path to Resolving European Data Protection Concerns With U.S. Discovery,”Privacy and Security Law (with Stan Crosley, Alan Raul and Julie Dwyer) (October2007).

Ed serves as the Chairman of the Board of Directors for the National Law Center onHomelessness and Poverty and was admitted to the Cosmos Club as “distinguished inInformation Privacy law.” Previously, Ed has served on the board of the Washington,D.C. lawyer’s chapter of the American Constitution Society.

MEMBERSHIPS & ACTIVITIES

Ed frequently advises organizations that combat homelessness regarding complexconstitutional issues at both the trial and appellate levels and before legislative bodies.His work for such organizations contributed substantially to the firm being awarded the2004 and 2014 Counsel Pro Bono Award by the National Law Center onHomelessness and Poverty.

Ed also regularly represents religious institutions on constitutional and other legalissues. He is a national co-chair of Sidley’s Religious Institutions practice, which theNew York Times recognized as representing “some of the country’s largest religiousorganizations.” He was awarded the 2010 Thurgood Marshall pro bono counsel prizeby Muslim Advocates for innovative litigation to protect civil liberties.

PRO BONO

NEWS & ACHIEVEMENTS

September 25, 2015Sidley Austin LLP Represents PayPal, Inc. in $890 Million Acquisition

April 2, 2015110 Sidley D.C. Lawyers Named to the Capital Pro Bono Honor Roll

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EVENTS

“Insurance Industry Cybersecurity and Privacy Roundtable,” Sidley Austin LLP (NewYork, NY, September 15, 2016).

“Bay to Beltway: Why Regulatory Strategy Matters to Innovators,” Sidley Austin LLPBay Area Life Sciences Roundtable: Crossing the Technology/Life Sciences Divide(San Francisco, CA, April 13, 2016).

“Cybersecurity: Considerations for Legal and Compliance,” SIFMA Compliance andLegal Society Annual Seminar (Orlando, FL, March 14, 2016).

“Cybersecurity Roundtable,” Credit Suisse Prime Services Leadership Conference(Orlando, FL, March 10, 2016).

“Cybersecurity and Data Privacy: Addressing Increasing Risks and HeightenedRegulatory Requirements,” Sidley Austin LLP New York City ComplianceRoundtable Anti-Money Laundering and Cybersecurity/Data Privacy (New York,February 24, 2016).

“Hot Topics in Data Privacy for Pharmaceutical Manufacturers,” DP Legal US AnnualMeeting (Indianapolis, IL, November 18, 2015).

“Cybersecurity Policy: The Role of the Government,” Privacy + Security Forum(Washington D.C., Oct. 22–23, 2015).

Privacy, Data, and Information Security, The Conference Board (Washington, D.C.,October 15, 2015).

Cybersecurity, Sidley Regulatory Roundtable (Washington, D.C., October 13, 2015).

“Cybersecurity,” 15th Annual LICONY Legislative & Regulatory Conference(Cooperstown, NY, October 7–9, 2015).

“How New Developments in Privacy Will Impact Litigation,” ACLegal (New Jersey,October 8, 2015).

“Cybersecurity & Data Privacy”, OFII (Washington, D.C., October 2, 2015).

“FTC Calling? How to Navigate a Data Security Investigation Before, During andAfter,” IAPP Privacy. Security. Risk. Conference /CSA Congress (Las Vegas, NV,September 30, 2015).

Investment Fund Regulatory Hot Topics,” Sidley Funds Conference (New York, NY,September 17, 2015).

“Regulatory Hot Topics,” Sidley Austin LLP Private Funds 2015: Developments andOpportunities (New York, NY, September 2015).

“Data Breach Class Cases,” DRI Class Action Seminar (Washington, D.C., July 23–24, 2015).

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“Cybersecurity Process & Practice for Asset Managers,” Regulatory ComplianceAssociation (Webinar, July 23, 2015).

“Cybersecurity Concerns for Senior Managers and Boards of Directors,” InvestmentCompany Institute (London, UK, July 14, 2015).

“Cybersecurity: How Not to Make the Evening News,”Futures Industry AssociationLaw & Compliance Conference (Washington, D.C., June 22, 2015).

“Cybersecurity Regulation and Preparedness: Focusing on the Insurance Sector,”Insurance Cybersecurity and Privacy Roundtable (New York, NY, June 1, 2015).

“Cybersecurity for Financial Services,” IA Watch Conference (Washington, D.C.,May 20, 2015).

“Cybersecurity for the Insurance Industry,” ALIC Conference (Breakers, FL, May 18,2015).

“The Legal Pitfalls of Failing to Develop Secure Cloud Services,” RSA Conference(San Francisco, CA, April 23, 2015).

“Cyber-risk Oversight: Emerging Trends and Considerations for Directors,” NACDAdvisory Councils (Washington, D.C., March 31, 2015).

“Cybersecurity: Practical Considerations for Legal and Compliance,” SIFMACompliance & Legal Society 2015 Annual Seminar (Phoenix, AZ, March 16, 2015).

“The Stakes Are Going Up: Hacking and the New Paradigm of Data Breaches” (ACAWebcast, March 12, 2015).

“FTC and State AG Enforcement,” Sidley Privacy & Cybersecurity Roundtable(Washington, D.C., March 3, 2015).

“Commerce and Competition in the Internet Age,” Center for American ProgressPanel for the German Industry and Trade Representation (Washington, D.C.,January 27, 2015).

“Cyber Incident Investigations,” EEI Conference on Cybersecurity Law for Utilities(New York, NY, October 24, 2014).

“Cybersecurity: New Privacy Laws and New Threats From Organized Crime andNation States,” ABA 3rd International White Collar Crime Institute (London, UK,October 14, 2014).

“Cybersecurity: Trends, Incident Response, Remediation and Disclosures,” ACA FallCompliance Conference (San Diego, CA, October 9, 2014).

“Cybersecurity, Data Protection and Privacy,” OFII General Counsel Conference(Washington, D.C., September 18, 2014).

“Cyber Security – What You Need to Know,” SIFMA Compliance and Legal SocietyAnnual Seminar (Orlando, FL, April 2014).

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“Cybersecurity: Managing Risk Around New Data Threats,” Ethisphere (Webinar,January 2014).

“An International Perspective on Health Care Privacy and Security,” Presentation atthe American Conference Institute 3rd Annual Health Care Privacy and SecurityForum (New York, NY, May 23, 2013).

“Privacy, Data Security and Cyber-Compliance,” St. Louis General CounselRoundtable (May 6, 2013).

“The U.S. Approach to Liability Online,” IELE presentation at the University ofCalifornia, Berkeley School of Law (Berkeley, CA, May 1, 2013).

“Cyber Regulation and Insurance,” Bloomberg BNA (Webinar, April 3, 2013).

“At the Ready: Preparing U.S. Organizations for the Proposed EU Regulation,” IAPPGlobal Privacy Summit (Washington, D.C., March 8, 2013).

“Privacy & Data Protection,” SIFMA Compliance & Legal Society (Phoenix, AZ,March 20, 2013).

“Cellular Phones and Mobile Privacy,” Information Society Project at Yale LawSchool, Location Tracking and Biometrics Conference (New Haven, CT, March 3,2013).

“Cloud Computing: Understanding and Mitigating the Risks, Utilizing the LatestSecurity Controls and Ensuring Protection ‘In the Cloud’,” Conference on thePrivacy and Security of Consumer and Employee Information (San Francisco, CA,July 2012).

“Navigating Global Privacy & Information Laws,” Sidley privacy workshops(Singapore, Hong Kong, and Tokyo, November 2012).

“Toward a Safe Harbor for the Cloud,” iTech Law European Conference (Rome,Italy, October 2012).

“Privacy in a Time of Change,” Twin Cities Privacy Retreat (St. Paul, MN, January15, 2009).

“Minimizing the Weight of Regulation,” Security Standard Conference (Chicago, IL,September 2007).

“Why Privacy Matters — Protecting Your Reputation, Practice and Clients,” AICPANational Conference on Fraud and Litigation Services (Las Vegas, NV, September2006).

“Privacy: The Importance of Getting It Right,” 2006 CSO Perspectives Conference(Orange County, CA, March 2006).

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EXHIBIT 2

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Case: 1:16-cv-09733 Document #: 1-1 Filed: 10/14/16 Page 14 of 53 PageID #:36

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Case: 1:16-cv-09733 Document #: 1-1 Filed: 10/14/16 Page 16 of 53 PageID #:38

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Case: 1:16-cv-09733 Document #: 1-1 Filed: 10/14/16 Page 17 of 53 PageID #:39

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EXHIBIT 3

Case: 1:16-cv-09733 Document #: 1-1 Filed: 10/14/16 Page 18 of 53 PageID #:40

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EXHIBIT 4

Case: 1:16-cv-09733 Document #: 1-1 Filed: 10/14/16 Page 19 of 53 PageID #:41

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Case: 1:16-cv-09733 Document #: 1-1 Filed: 10/14/16 Page 20 of 53 PageID #:42

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Case: 1:16-cv-09733 Document #: 1-1 Filed: 10/14/16 Page 21 of 53 PageID #:43

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Case: 1:16-cv-09733 Document #: 1-1 Filed: 10/14/16 Page 22 of 53 PageID #:44

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Case: 1:16-cv-09733 Document #: 1-1 Filed: 10/14/16 Page 23 of 53 PageID #:45

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EXHIBIT 5

Case: 1:16-cv-09733 Document #: 1-1 Filed: 10/14/16 Page 24 of 53 PageID #:46

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EXHIBIT 6

Case: 1:16-cv-09733 Document #: 1-1 Filed: 10/14/16 Page 25 of 53 PageID #:47

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EXHIBIT 7

Case: 1:16-cv-09733 Document #: 1-1 Filed: 10/14/16 Page 26 of 53 PageID #:48

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Case: 1:16-cv-09733 Document #: 1-1 Filed: 10/14/16 Page 27 of 53 PageID #:49

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Case: 1:16-cv-09733 Document #: 1-1 Filed: 10/14/16 Page 28 of 53 PageID #:50

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Case: 1:16-cv-09733 Document #: 1-1 Filed: 10/14/16 Page 29 of 53 PageID #:51

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Case: 1:16-cv-09733 Document #: 1-1 Filed: 10/14/16 Page 30 of 53 PageID #:52

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Case: 1:16-cv-09733 Document #: 1-1 Filed: 10/14/16 Page 31 of 53 PageID #:53

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Case: 1:16-cv-09733 Document #: 1-1 Filed: 10/14/16 Page 32 of 53 PageID #:54

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Case: 1:16-cv-09733 Document #: 1-1 Filed: 10/14/16 Page 33 of 53 PageID #:55

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Case: 1:16-cv-09733 Document #: 1-1 Filed: 10/14/16 Page 34 of 53 PageID #:56

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Case: 1:16-cv-09733 Document #: 1-1 Filed: 10/14/16 Page 35 of 53 PageID #:57

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Case: 1:16-cv-09733 Document #: 1-1 Filed: 10/14/16 Page 36 of 53 PageID #:58

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Case: 1:16-cv-09733 Document #: 1-1 Filed: 10/14/16 Page 37 of 53 PageID #:59

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Case: 1:16-cv-09733 Document #: 1-1 Filed: 10/14/16 Page 38 of 53 PageID #:60

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Case: 1:16-cv-09733 Document #: 1-1 Filed: 10/14/16 Page 39 of 53 PageID #:61

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Case: 1:16-cv-09733 Document #: 1-1 Filed: 10/14/16 Page 40 of 53 PageID #:62

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Case: 1:16-cv-09733 Document #: 1-1 Filed: 10/14/16 Page 41 of 53 PageID #:63

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Case: 1:16-cv-09733 Document #: 1-1 Filed: 10/14/16 Page 42 of 53 PageID #:64

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Case: 1:16-cv-09733 Document #: 1-1 Filed: 10/14/16 Page 43 of 53 PageID #:65

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Case: 1:16-cv-09733 Document #: 1-1 Filed: 10/14/16 Page 44 of 53 PageID #:66

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Case: 1:16-cv-09733 Document #: 1-1 Filed: 10/14/16 Page 45 of 53 PageID #:67

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Case: 1:16-cv-09733 Document #: 1-1 Filed: 10/14/16 Page 46 of 53 PageID #:68

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Case: 1:16-cv-09733 Document #: 1-1 Filed: 10/14/16 Page 47 of 53 PageID #:69

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Case: 1:16-cv-09733 Document #: 1-1 Filed: 10/14/16 Page 48 of 53 PageID #:70

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EXHIBIT 8

Case: 1:16-cv-09733 Document #: 1-1 Filed: 10/14/16 Page 49 of 53 PageID #:71

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Case: 1:16-cv-09733 Document #: 1-1 Filed: 10/14/16 Page 50 of 53 PageID #:72

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Case: 1:16-cv-09733 Document #: 1-1 Filed: 10/14/16 Page 51 of 53 PageID #:73

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Case: 1:16-cv-09733 Document #: 1-1 Filed: 10/14/16 Page 52 of 53 PageID #:74

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EXHIBIT 9

Case: 1:16-cv-09733 Document #: 1-1 Filed: 10/14/16 Page 53 of 53 PageID #:75