COVID Vaccine Passports: Public Health versus Data Privacy

Anne Dana
Loren Gesinsky
Marc Freedman
Andrea Serra
Anne Dana | Seyfarth Shaw LLP
Loren Gesinsky | Seyfarth Shaw LLP
Marc Freedman | Vice President, Employment Policy, U.S. Chamber of Commerce
Andrea Serra | World Economic Forum

On-Demand: June 23, 2021

COVID Vaccine Passports: Public Health versus Data Privacy
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Program Summary

Over a year after the onset of the pandemic, “passports” reflecting an individual’s COVID-related data such as vaccination and perhaps test status have entered the spotlight as a potentially effective, but divisive, tool for hastening the return of “normal” in-person activities. Government actors and agencies, private businesses, tech companies, and the media have all entered the very public debate about the pros and cons of COVID passports, including what form(s) they may take and whether, and if so how, they can be used.

Seyfarth attorneys and a special guest from the U.S. Chamber of Commerce will present an interactive exploration of how businesses might implement COVID passports within their workforces and discussed broader business operations in light of rapidly evolving developments.

This course is co-sponsored with myLawCLE.

Key topics to be discussed:

  • The balance of public health and safety versus individual autonomy and data privacy
  • The rapidly evolving political, cultural, and technological landscape for businesses regarding whether they can/must/or cannot limit certain in-person activities to those with COVID passports
  • Concerns regarding accessibility, accommodations, discrimination, and inequality

Date / Time: June 23, 2021

  • 12:00 pm – 1:00 pm Eastern
  • 11:00 am – 12:00 pm Central
  • 10:00 am – 11:00 am Mountain
  • 9:00 am – 10:00 am Pacific

Choose a format:

Live Video Broadcast/Re-Broadcast: Watch Program "live" in real-time, must sign-in and watch program on date and time set above. May ask questions during presentation via chat box. Qualifies for "live" CLE credit.
On-Demand Video: Access CLE 24/7 via on-demand library and watch program anytime. Qualifies for self-study CLE credit. On-demand versions are made available 5 business days after the original recording date and are viewable for up to one year.

Closed-captioning available

Speakers

 

Anne Dana_myLawCLEAnne Dana | Partner, Seyfarth Shaw LLP

Anne’s practice focuses on discrimination, harassment, and retaliation litigation and counseling.

Anne is an innovative litigator whose practice focuses on complex employment litigation, defending management against claims of discrimination, harassment, and retaliation under federal, state, and city laws. She represents employers in state and federal courts in New York, arbitration panels, and federal, state and city agencies. These include the Equal Employment Opportunity Commission, New York State Division of Human Rights, and New York City Human Rights Commission. She also represents clients in disputes involving claims of fraud, breach of contract, breach of fiduciary duty, and whistleblowing. A former commercial litigator, Anne has experience with complex commercial litigation.

Anne counsels clients generally on a wide range of employment issues, including disciplinary actions and terminations, employment and separation agreements, employment policies and practices, internal complaints and investigations of alleged employee misconduct, and litigation avoidance.
Anne also extensively advises clients on compliance with harassment and discrimination laws around the country, including mandatory policies, nondisclosure agreements, confidentiality provisions, training requirements, other notices, and poster requirements. She regularly conducts anti-harassment trainings, conducts investigations in response to internal complaints, and negotiates settlement and separation agreements in accordance with these laws. Anne helps track the development of laws in this area from proposed legislation through enforcement and is a thought leader in the era of #MeToo litigation.

Anne represents clients in a diverse range of industries, including banking and finance, telecommunications, entertainment, health care, hospitality, food service, retail, and higher education.

Loren Gesinsky_myLawCLELoren Gesinsky | Partner, Seyfarth Shaw LLP

For more than 25 years, employers have turned to Loren to prevent and resolve their full range of workplace legal issues.

Loren represents employers before state and federal courts, administrative agencies, arbitrators, mediators, and other tribunals regarding all legal issues relating to the workplace, including wage and hour collective and class actions, discrimination, harassment, wrongful discharge, breach of contract, noncompete, and other restrictive covenants and trade secrets. He also counsels employers and negotiates agreements regarding these issues, with particular attention to strategies to avoid litigation. Additionally, he participated actively in the United States Chamber of Commerce task force that developed comments on the United States Department of Labor’s proposed regulatory changes to the FLSA’s white-collar exemptions.

Loren has more than 25 years of experience working as a labor and employment attorney. He developed an especially broad foundation for his representation of employers by previously practicing plaintiff’s employment law and commercial litigation. Loren has successfully tried, arbitrated, mediated, and otherwise advocated in numerous matters involving multiple and single plaintiffs. His advocacy abilities in the courtroom, as well as his negotiating and public speaking abilities, have been enriched by his considerable training and experience as an actor.

Recognition of Loren’s professional accomplishments includes his election as a Fellow of the College of Labor and Employment Attorneys, listing in Best Lawyers (Woodward/White Inc.) (2010–2019) and Super Lawyers (Thomson Reuters) (2007–2011, 2014–2017), appointments to Chair the Committee on Legal Issues Affecting People With Disabilities and the State Affairs Committee of the New York City Bar Association, and selection for mayoral appointment to the New York City Commission on Human Rights. He is a frequent author and presenter on employment law issues.

Marc Freedman_myLawCLEMarc Freedman | Vice President, Employment Policy, U.S. Chamber of Commerce

Marc Freedman is vice president of employment policy at the U.S. Chamber of Commerce. He is responsible for developing and advocating the Chamber’s response to OSHA matters, the Employee Free Choice Act, the Family, Medical Leave Act and mandated leave issues, other labor and workplace issues.

Before joining the Chamber in October 2004, Freedman was the regulatory counsel for the Senate Small Business Committee under the chairmanships of Sens. Kit Bond (R-MO) and Olympia Snowe (R-ME). He focused on ensuring that agencies properly take into account the impact of their regulations on small businesses under the Regulatory Flexibility Act and the Small Business Regulatory Enforcement Fairness Act. He was also deeply involved in the battle over the Clinton OSHA ergonomics regulation and the effort to pass legislation creating nationally structured health plans to help small businesses obtain better options for health insurance.

Prior to joining the Small Business Committee in July 1999, Freedman was director of government affairs for the Painting and Decorating Contractors of America. Previous to that, he worked on federal regulations for the Associated Builders and Contractors and the National Association of Home Builders.

Mr. Freedman graduated cum laude from Amherst College and received his law degree from Case Western Reserve University. He has appeared on various media outlets including Fox News, CNBC, Bloomberg TV, and National Public Radio, and testified before Congress on behalf of the U.S. Chamber.

Andrea Serra_myLawCLEAndrea Serra | World Economic Forum

Andrea Serra is a Project Lead at the World Economic Forum’s Aviation, Travel, and Tourism team. Her work focuses on leveraging technologies in digital credentials, blockchain, and biometrics to advance seamless cross-border travel and support safe border reopening in the COVID-19 context.

She is a manager and international development specialist with 11 years of experience in the consulting and non-profit sectors. Prior to joining the Forum, Andrea spent four years at an international development consultancy working in East Africa, Latin America, and Asia Pacific on sustainable tourism and Environmental, Social, and Corporate Governance (ESG) for large scale energy infrastructure projects.

She also worked at a non-profit organization leading human rights and democracy initiatives in Latin America. She holds an MPA from the London School of Economics and Sciences Po Paris and a BA in International Relations from Syracuse University.

Agenda

1. Introduction | 12:00pm – 12:15pm
2. COVID Passports – Overview | 12:15pm – 12:30pm
3. Technology and Data – Privacy/Personal Autonomy | 12:30pm – 12:45pm
4. Equity & Accommodations | 12:45pm – 1:00pm