AI Interactive — Counseling Clients on the Intersection of AI, Privacy, and Cybersecurity Law (Presented by the Federal Bar Association Professional Development Committee)

Rachel V. Rose
David Wheeler
Dan Terhune
Anthony "Tony" Moore | Los Angeles County Sheriff's Department
Rachel V. Rose | Rachel V. Rose – Attorney at Law, PLLC
David Wheeler | Neal, Gerber & Eisenberg LLP
Dan Terhune | Fresenius-Kabi USA

On-Demand: April 9, 2024

AI Interactive — Counseling Clients on the Intersection of AI, Privacy, and Cybersecurity Law (Presented by the Federal Bar Association Professional Development Committee)
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Program Summary

This presentation is geared to practitioners counseling clients regarding potential legal impacts of Artificial Intelligence (“AI”) on their operations and address how does the meteoric rise of AI affect the way that businesses, non-profits, and government organizations use and protect data.

Presented by the FBA Professional Development Committee.

This course is co-sponsored with myLawCLE.

Key topics to be discussed:

  • What is AI and how does it work?
  • President Biden’s October 2023 Executive Order on AI
  • How AI tool use data
  • Client data and AI
  • The impact of AI on cybersecurity
  • Legal remedies and potential liabilities

Closed-captioning available


Detective Anthony Moore_FedBarDetective Anthony “Tony” Moore, Digital Asset & Cyber Crimes Investigator | Los Angeles County Sheriff’s Department

Detective Anthony “Tony” Moore boasts a distinguished 26-year tenure with the Los Angeles County Sheriff’s Department, marked by numerous achievements and accolades. His career spans various roles, including significant contributions to inmate management, community engagement, and cybercrime investigations. Notable highlights include his pivotal role in modernizing inmate classification systems, leveraging social media for departmental outreach, and spearheading cyber intelligence initiatives.

Moore’s expertise extends beyond operational duties; he is a highly regarded instructor certified by California POST and IADLEST, having conducted over 1,000 hours of advanced training for law enforcement personnel globally. His pioneering work in cyber related education, particularly on topics like social media investigations and cryptocurrency forensics, has garnered international recognition.

As a nationally recognized expert, Moore has addressed prestigious conferences and testified before legislative bodies on cybercrime legislation. His investigative prowess has led to the successful resolution of multi-jurisdictional cases, earning him commendations and awards, including the United States Attorney General “Law Enforcement Award” and Department of Homeland Security Investigations “Outstanding Partnership Awards”.


Rachel-V.-Rose_Principal-with-Rachel-V.-Rose-–-Attorney-at-Law,-P.L.L.C.Houston,-TX_FedBarRachel V. Rose, JD, MBA | Rachel V. Rose – Attorney at Law, PLLC

Ms. Rose successfully advises and represents clients on healthcare, cybersecurity, securities, and qui tam compliance, transactional, litigation, and government enforcement matters. For over a decade, she has conducted comprehensive HIPAA and GDPR Risk Analyses and represented persons during government agency investigations and post breach scenarios. Ms. Rose is also an Affiliated Member with the Baylor College of Medicine’s Center for Medical Ethics and Health Policy, where she teaches bioethics. She has served as a consultative expert and testifying expert, as well as being often quoted in publications.

In addition to being extensively published and a sought-after presenter and quoted expert, Ms. Rose holds an MBA with minors in healthcare and entrepreneurship from Vanderbilt University, and a law degree from Stetson University College of Law, where she graduated with various honors, including the National Scribes Award. Ms. Rose also attained a Certificate in Negotiation and Leadership from Harvard University.

Ms. Rose is licensed in Texas and is a Fellow of the Federal Bar Association. Currently, she serves as a Director on the FBA’s National Board, is a Member of and the Immediate Past Chair of the Federal Bar Association’s Government Relations Committee, an Advisory Board member of the Federal Bar Association’s Qui Tam Section, the co-editor of the American Health Lawyers Association’s Enterprise Risk Management Handbook for Healthcare Entities (2nd Edition), as well as a co-author of the ABA’s books The ABCs of ACOs and What Are International HIPAA Considerations? She is extensively published and presents on a variety of matters related to her practice.

She has been named consecutively to the SuperLawyers (healthcare), Texas Bar College, the National Women Trial Lawyers Association’s Top 25, Houstonia Magazine’s Top Lawyers (healthcare), the National Trial Lawyers Association’s Top 100 and The Nation’s Top One Percent. Ms. Rose was awarded 1st Healthcare Compliance’s 2019 and 2022 Top Presenter Award. Ms. Rose may be reached through her website


David Wheeler_FedBarDavid Wheeler, Partner | Neal, Gerber & Eisenberg LLP

David is a partner in the Intellectual Property and Cybersecurity and Data Privacy practice groups. He counsels and defends clients in data, cybersecurity and privacy matters. His practice features a Defense in Depth (DiD) approach to protecting clients and their data, including information governance and compliance programs, cybersecurity risk assessment and preparedness, incident response planning, legal and regulatory compliance and security, and privacy and information management needs. He is CIPP certified by the International Association of Privacy Professionals (IAPP).

He provides counsel based on a wide variety of cybersecurity and privacy considerations, including the development of cyber and privacy policies and procedures, cybersecurity and privacy audits, cyber risk mitigation and remediation, cybersecurity and PCI compliance, HIPAA/HITECH, data protection impact assessments, GDPR compliance, CCPA and CPRA compliance, employee privacy, record retention and electronic discovery, international and cross-border data transfer, data breach readiness, response and crisis management, and data privacy, security breach, CAN-SPAM Act and TCPA issues.

David also assists clients in becoming compliant with cybersecurity rules, regulations and initiatives such as those required or issued by executive orders, SEC, FCC, FTC, FCRA, FACTA, FINRA, FFIEC, OCC, state and self-regulatory frameworks. He provides advice to clients on the litigation defense of data privacy, security breach and TCPA class action suits in the United States.


Dan Terhune, Sr._FedBarModerator, Dan Terhune, Sr. IP Counsel | Fresenius-Kabi USA

Dan Terhune is an experienced litigator and patent prosecutor. His practice is focused on applying legal strategy to compliment his clients’ business strategy, including protecting and enforcing intellectual property rights and defending his clients’ interests in litigation. Dan’s litigation experience includes patent, trade secrets, and complex commercial matters. Dan’s patent experience spans numerous technical fields including software, chemistry, automotives, electronics, and medical devices, both in the United States and abroad. Dan’s litigation experience includes state and District court litigation and matters before the Patent Trial and Appeal Board. Before practicing law, Dan worked as an engineer for 18 years in research and development and manufacturing. His engineering and business experience, which includes design and manufacturing of electrical equipment, medical equipment and consumer electronics, allows him to quickly grasp clients’ business needs and develop legal strategies to fit their businesses.


I. Lead-in (very high level, but enough detail to distinguish current reality from science fiction for novice attendees) | 2:00pm – 2:15pm

  • What is AI?
  • How does it work?

II. President Biden’s Executive Order (October 30, 2023 Executive Order on the Safe, Secure, and Trustworthy Development and Use of Artificial Intelligence) | 2:15pm – 2:30pm

III. AI and Privacy | 2:30pm – 2:45pm

  • How AI uses data
  • Privacy in AI data (or lack thereof)
  • Advising clients on privacy issues regarding clients’ use of client data with AI
  • Advising clients on privacy issues (if any) regarding other people’s data used by AI models
  • Potential for civil and criminal liability (if any)
  • Issue with the right of publicity (name, image and likeness, etc.)

IV. AI and data security | 2:45pm – 3:00pm

  • Advising clients on how AI can reduce their data security, e.g., AI-enabled hacking strategies
  • Advising client on how AI can enhance data security, e.g., AI-enabled breach detection tools
  • Current law enforcement efforts and anecdotes regarding data security and AI