Virginia’s New Data Privacy Law: An uncertain next step for state data protection

Christopher Escobedo Hart | FoleyHoag LLP

With significant trial litigation, appellate advocacy and data privacy and security experience, Chris Hart has counseled and represented sovereign nations, Fortune 500 companies, start-up companies, non-profits, and individuals in a wide variety of contexts for over a decade. He represents clients before the U.S. Supreme Court, argues in appellate courts across the country, including successfully before the Massachusetts Appeals Court and Supreme Judicial Court; and advocates on behalf of clients in federal and state courts nationwide. He also frequently represents clients in significant internal investigations.

As a civil litigator in U.S. courts, Chris has helped obtain successful outcomes for clients before, during and after trial. He has successfully defended national law firms against allegations of legal malpractice and employment discrimination; represented sovereign nations in high-stakes suits brought by private litigants; defended large corporations in patent infringement suits; defended against large and complex claims arising out of lengthy construction contracts; and challenged state and federal administrative actions.Chris also represents companies and individuals in investigations brought by federal and local law enforcement authorities, including the Massachusetts State Attorney General’s office.

Chris is a Certified Information Privacy Professional (CIPP/US, CIPP/E, CIPM) and a member of the firm’s Data Privacy and Security Group. He has considerable experience in data privacy and security issues, and advises companies on regulatory compliance, data breach planning and response, the EU’s General Data Protection Regulation (GDPR), and risk management (including cyberinsurance). Chris is a co-editor of and frequent contributor to Foley Hoag’s Security, Privacy and the Law blog, and a member of the firm’s Cybersecurity Incident Response Team. He also advises on data privacy and regulatory issues concerning blockchain technology and cryptocurrency. He also litigates in the data privacy and security space and has represented numerous entities that have been victims of hacking and payment fraud attacks. Chris’ in-depth data privacy and security knowledge has made him a frequently sought-after commentator in the local and national press; his comments have appeared in such publications as the Wall Street Journal, Washington Post, and Massachusetts Lawyers Weekly.

Chris is committed to pro bono work and serving the greater Boston community. His pro bono efforts have included representation of petitioners challenging their convictions stemming from the Hinton Drug Lab scandal, leading to the landmark Bridgeman decision from the Supreme Judicial Court, overturning thousands of convictions. As a member of a team representing the Massachusetts Association of Criminal Defense Lawyers, Chris’ work helped lead to the Supreme Court’s important decision in Commonwealth v.Brown, essentially abolishing the felony-murder rule. He has also been actively involved in nationwidelitigation challenging executive action relating to immigration restrictions and so-called “sanctuary cities.”

Fluent in Spanish, Chris has represented numerous immigrants from South and Central America innavigating U.S. federal immigration law in federal court and before asylum officers. He represents indigent individuals in Boston Housing Court, and regularly staffs a Civil Appeals Clinic in Boston. Chris also offerspro bono support to non-profits in need of counsel on data privacy, utilizing his proficiency in this area.Chris currently serves as a member of the firm’s Committee on Diversity and Inclusion.

I. What the VCDPA requires of organizations| 2:00pm-2:15pm
II. How the VCDPA reflects a change in state laws on data protection | 2:15pm-2:30pm
III. What risks organizations face under the VCDPA, and similar legislation, as well as how to mitigate those risks | 2:30pm-2:45pm
IV. How to prepare for the future | 2:45pm-3:00pm