Privacy and Consumer Protection Enforcement Under the Biden Administration January 7, 2020

Privacy and Consumer Protection Enforcement under the Biden Administration January 7, 2020

Panelists

Joel Cohen Elizabeth Papez Alexander Southwell Ashley Rogers Ryan Bergsieker Amanda Aycock Winston Chan Victoria Weatherford Mylan Denerstein MCLE Certificate Information

• Most participants should anticipate receiving their certificate of attendance via email approximately four weeks following the webcast. • Virginia Bar Association members should anticipate receiving their certificate of attendance six weeks following the webcast. • Please direct all questions regarding MCLE to [email protected].

2 Panelists

Joel Cohen Mylan Denerstein Elizabeth Papez Partner Partner Partner [email protected] [email protected] [email protected] +1 212.351.2664 +1 212.351.3850 +1 202.955.8608

Ashley Rogers Winston Chan Alexander Southwell Partner Partner Partner [email protected] [email protected] [email protected] +1 214.698.3316 +1 303.298.5774 +1 212.351.3981

Amanda Aycock Ryan Bergsieker Victoria Weatherford Associate Partner Associate [email protected] [email protected] [email protected] +1 212.351.2356 +1 303.298.5774 +1 415.393.8265

3 Agenda

1. DOJ and SEC Update – Consumer Fraud

2. FTC Update – Consumer Protection

3. HHS Update – Privacy

4. CFPB Update – Consumer Financial Protection

5. State Attorney General Update – Consumer Protection

4 Legislation & Supervision Rules & Structure DOJ and SEC Transition 2021

Enforcement DOJ and SEC Update – Consumer Fraud Department of Justice

• Anticipated Priorities ‒ Renewed focus on preserving the integrity of the department and guarding its investigations and prosecutions from undue partisan influence. ‒ Continued emphasis on combatting fraud against consumers and corporate fraud that victimizes the general public, particularly in the healthcare field. • COVID-19 Hoarding and Price Gouging Task Force, established in March 2020 to address COVID-19-related market manipulation, hoarding, and price gouging. • National Rapid Response Strike Force, established in September 2020. Charged with investigating and prosecuting fraud cases involving major healthcare providers.

“This Office, together with the Department’s COVID-19 Hoarding and Price Gouging Task Force, is working tirelessly to ensure that scam artists who seek to capitalize on the worldwide pandemic will be brought to justice.” – Richard P. Donoghue, U.S. Attorney for the Eastern District of New York

6 Department of Justice

• The DOJ has engaged in a national, coordinated effort to combat illegal conduct by those attempting to defraud healthcare providers and government agencies during the COVID-19 pandemic. ‒ DOJ brought separate criminal cases in the District of Oregon against two individuals accused of fraudulently converting to their personal use loans intended to help small businesses during the pandemic. ‒ DOJ brought a criminal complaint in the Eastern District of New York against two individuals accused of conspiring to commit wire fraud by seeking more than $4 million from a purported purchaser of PPE that the defendants did not own or have authorization to sell.

7 Securities & Exchange Commission

• Leadership Changes ‒ Chairman and division heads are expected to have tough enforcement records • Legislative Changes ‒ National Defense Authorization Act strengthens SEC’s ability to pursue disgorgement • Alters standards set forth in SCOTUS decisions in Kokesh and Liu • Gives the SEC the explicit authority to pursue disgorgement in court • Expands the statute of limitations period

8 Trends to Watch

• An uptick in enforcement actions and proceedings is expected in 2021 ‒ A high volume of referrals and whistleblower complaints in 2020 will lead to more enforcement actions in 2021. • Record-breaking whistleblower awards in both amount and frequency • ~40% increase in tips and referrals in 2020

‒ The new administration is expected to enact aggressive enforcement policies to reflect its no tolerance approach, including an enforcement focus on larger Wall Street firms.

9 Anticipated Priorities

• Investigating and responding to misconduct related to COVID-19 ‒ Accounting and Disclosure Fraud: the SEC is expected to continue to closely scrutinize how companies disclosed financial information and coronavirus- related risks to the investing public. ‒ Complex Financial Instruments: the SEC has prioritized looking into how risks associated with complex structured products are disclosed to investors. • Increasing oversight of broker-dealers and investment advisors ‒ The SEC is likely to ramp up examinations assessing compliance with Regulation Best Interest and may act to tighten the rule further.

• Bringing aggressive enforcement actions ‒ For example, the SEC is expected to put an increased focus on market manipulation and insider trading, including by using its data analytics technology to identify suspicious activity.

10 Legislation & Supervision Rules & Structure

FTC Transition 2021

Enforcement FTC Update – Consumer Protection FTC Consumer Protection Enforcement: Key Determinants

• Anticipated Leadership Changes at Commissioner Party Term Joseph J. Simons R 5/1/18 – the FTC (Chairman) 9/25/24 Rebecca Kelly Slaughter D 5/2/18 – • Potential Comprehensive Federal 9/25/22 Privacy Legislation Noah Joshua Phillips R 5/2/18 – 9/25/23 • Potential Sector-Specific Federal Christine S. Wilson R 9/25/18 – Privacy Legislation 9/25/25 Rohit Chopra D 5/2/18 – • FTC Budget and Resource Allocation 9/25/19 Decisions • Cooperation with Revitalized CFPB and Other Regulators

12 Potential FTC Consumer Protection Priorities

• Increased pursuit of monetary relief • Increased use of consumer protection rulemaking • Increased pursuit of individual liability for corporate leaders • Increased reliance on unfairness theories, including with respect to data security

13 Potential FTC Consumer Protection Priorities

• Increased pursuit of platform liability

• Increased scrutiny of algorithms that use consumer data

• Increased scrutiny of privacy issues related to ad targeting

• Expanded focus on children’s privacy

14 Legislation & Supervision Rules & Structure

HHS Transition 2021

Enforcement

HHS Update – Privacy Potential HHS Consumer Protection Priorities

• HIPAA enforcement as an HHS priority • Continued emphasis on right of access enforcement • Reinvigorated HIPAA audit program • Privacy Rule revisions to address sharing patient information • Potential new legislation addressing telehealth privacy

16 Legislation & Supervision Rules & Structure CFPB Transition 2021

Enforcement

CFPB Update – Consumer Financial Protection CFPB: Appointments & Legislation

• Key Appointments • Director and Senior Leadership • Legislation • Public credit reporting bureau with mandatory jurisdiction over federal program lenders • Bankruptcy discharge for student debt • Responses to Supreme Court decisions • Lucia, Seila Law, Liu, AMG

18 CFPB Enforcement Trends: 2015 - 2000

Enforcement Trends: 2015 - 2020 • Scaled back enforcement agenda ‒ Prohibition on regulation by enforcement ‒ Focus on smaller firms and egregious harm • Structural limits ‒ Relocation of fair lending enforcement to Director’s office ‒ Limitations on Enforcement Office initiation of investigations ‒ Elimination of rules and guidance absent Congressional reauthorization ‒ Limits on funding requests and advisory board functions

19 CFPB: Look Ahead

“Reverse the Trump administration’s efforts to weaken the CFPB” and “hold financial institutions accountable for discriminatory practices.” - WSJ 10/21/20

Transition Regulatory Structural Enforcement

Leandra English CARES Act New Director More Actions Transition Review New Rules & Guidance Fair Lending Office Greater Penalties New Policy Agenda Fair Lending Investigation Broader Scope Credit & Other Reporting Powers Large Institutions Consumer Capital Access ALJ Appointments Lending Programs FTC/State AG Regulation by Enforcement Consumer Lending Credit ReportingP’ships Arbitration Consumer Capital Markets

20 Legislation & Supervision Rules & Structure State Attorneys General Shift in Focus 2021

Enforcement

State Attorney General Update – Consumer Protection State AGs Generally

Democratic AGs Republican AGs

Fewer resources devoted to suing More resources devoted to suing the federal government and filling federal government for perceived perceived gaps overreach

More coalitions with federal agencies Fewer coalitions with federal agencies

Continued focus on consumer Continued focus on consumer protection protection

Continued pursuit of big national Continued pursuit of big national issues like antitrust, data privacy issues like antitrust, data privacy

22 New York

Significant resources have been allocated to fighting the Trump Administration, and will be reallocated…

23 New York

Focus going forward on hot-button state or national issues and consumer protection across sectors… Data Privacy and Antitrust Covid-19 “My office is committed to Enforcement protecting consumer data and holding all businesses accountable for implementing safe security practices.”

… plus privacy, antitrust, environment, healthcare, employment, housing, policing and law enforcement, criminal justice reform, gun violence

24 New York

“[W]e must commit to greater regulatory oversight of large social media companies. The integrity of our elections and markets depends on it. The swift and effective response of DFS-regulated cryptocurrency companies illustrates how effective regulation can foster innovation and growth, while also protecting consumers.”

- Linda Lacewell, Superintendent of Financial Services, in announcing report on July 15, 2020 Twitter hack

25 California

Governor Gavin Newsom will appoint Xavier Becerra’s successor in early 2021 as Becerra is President-Elect Biden’s pick to lead the Department of Health and Human Services.

26 California

The appointment is one piece in the larger reshuffling of California’s highest elected positions after the 2020 Presidential election.

27 California

Numerous candidates have been named as a potential successor.

Assembly member Contra Costa San Francisco City Rob Bonta (AD-18: County Attorney Dennis Oakland/East Bay) (Martinez/East Bay) Herrera District Attorney Diana Becton

28 California

Regardless of who is appointed the next California Attorney General, we expect to see a reallocation of resources away from suing the federal government.

And more coordination with federal enforcement agencies and regulators in federal-state partnerships.

29 California

The priorities of the new Attorney General are likely to include:

• Privacy: Implementing and enforcing the CCPA and the newly passed CPRA • Employment: Enforcing AB 5 and the “ABC” test for employee classification in the “gig” economy • Antitrust: Continued scrutiny of Silicon Valley • Healthcare: Continued merger, pricing, and advertising scrutiny • Environmental: Continue to pursue novel legal theories to advance environmental justice agenda • Consumer Protection: Broad enforcement across sectors • Criminal Justice: Pursuing progressive criminal and juvenile justice reforms in his/her capacity as direct supervisor of all California District Attorneys

30 Upcoming Programs & Resources

Upcoming Programs •January 12 - FCPA Trends in the Emerging Markets of Asia, Russia, Latin America, India and Africa •January 26 - FCPA 2020 Year-End Update •Date TBD - 17th Annual Challenges in Compliance and Corporate Governance Resources •Gibson Dunn Privacy, Cybersecurity and Consumer Protection Practice •COVID-19 Resource Center •Gibson Dunn Webcasts (CLE Credit Available)

31 Joel Cohen

200 Park Avenue, New York, NY 10166-0193 USA TEL:+1 212.351.2664 [email protected]

Joel M. Cohen is a partner in the New York office and Co-Chair of the firm’s global White Collar Defense and Investigations Practice Group. He is a trial lawyer and former federal prosecutor highly-rated in Chambers and ranked a “Super Lawyer” in Criminal Litigation by Global Investigations Review. Mr.Cohen’s practice focuses on financial institution litigation, FCPA/anticorruption issues, and other international disputes and discovery. Mr.Cohen has achieved significant victories pretrial and at trial in many high-profile matters, including: • Obtaining both an extremely rare pretrial dismissal in United States v. Morgan (WDNY 2020), a $500 million federal criminal indictment against developer, Robert Morgan, after a three year battle with the DOJ, and the settlement of related SEC allegations in SEC v. Morgan (WDNY 2020), with no admission of fault or financial penalties. The American Lawyer, featuring Mr. Cohen and his team, noted that the extremely rare dismissal was built on a meticulous unraveling of government missteps and that it is “often unsexy work that leads to sexy results in white-collar defense work.” • Winning a jury trial in the closely watched Securities and Exchange Commission v. Obus insider trading matter on behalf of Wynnefield Capital and Nelson Obus, its chief portfolio manager after a 12 year battle with the SEC. The American Lawyer named Mr. Cohen as one of its Litigators of the Week after the victory and he later was featured in The American Lawyer’s 2016 award of “White Collar/Regulatory Law Firm of the Year” to Gibson Dunn for his Obus trial victory. Noting that his client was “in awe” of his trial and cross examination skills, The American Lawyer linked the trial victory with the SEC’s decision days after the defense verdict to avoid jury trials and seek administrative actions in the future. • Obtaining summary judgment for Citi in a class action seeking more than $13 billion in damages for its alleged role in the Parmalat collapse. • Winning a jury trial for AllianceBernstein in which the Florida state pension fund attempted to recover $3.2 billion in losses sustained in Enron and other stocks, and successfully defending the same client in other significant Enron-related litigation, one of which resulted in an award of attorney’s fees and costs for his client. From 1992 to 1999, Mr. Cohen served as Assistant United States Attorney in the Eastern District of New York, supervising the Business/Securities Fraud Unit, where he received numerous awards from the Department of Justice and law enforcement agencies. Mr. Cohen received his bachelor’s degree from Middlebury College, his master’s degree in History from Duke University and his Juris Doctor from Duke University Law School, where he was a moot court champion. He is a member of the bars of New York and Massachusetts.

32 Mylan Denerstein

200 Park Avenue, New York, NY 10166-0193 USA TEL:+1 212.351.3850 [email protected]

Mylan Denerstein is a partner in the New York office and Co-Chair of the firm’s Public Policy Practice Group. Ms. Denerstein leads complex litigation and internal investigations and represents companies facing a diverse range of legal issues, typically involving federal, state and municipal government agencies. She is a former federal prosecutor and also served as Counsel to New York State Governor Andrew Cuomo. She was named by Benchmark Litigation as a 2021 “Top 250 Women in Litigation” and a 2021 “Litigation Star” nationally and in New York. Ms. Denerstein is a member of the Firm’s Executive, Diversity and Community Affairs Committees. She also serves as co-hiring partner for the New York office. Prior to joining Gibson Dunn, from 2010 to 2014, Ms. Denerstein served as Counsel to New York State Governor Andrew Cuomo. In this role, she acted as the Governor’s chief counsel and principal legal advisor. From 2007 to 2010 during the administration of then-Attorney General Cuomo, she served as the Executive Deputy Attorney General for Social Justice and managed approximately 100 attorneys statewide working in the charities, civil rights, environmental protection, health care, and labor bureaus. From 2003 to 2007, she served as Deputy Commissioner for Legal Affairs for the New York City Fire Department. From 1996 to 2003, Ms. Denerstein served first as a federal prosecutor in the U.S. Attorney’s Office for the Southern District of New York, prosecuting complex securities, money laundering and organized crime cases, and then as Deputy Chief of the Criminal Division, where she assisted in managing over 100 Assistant U.S. Attorneys. Ms. Denerstein was named by Benchmark Litigation to its 2021 “Top 250 Women in Litigation” list, and was also recognized by the publication as a 2021 “Litigation Star” nationally in Appellate, Securities and White-Collar Crime, as well as in New York. Ms. Denerstein was named to the 2020 “Albany Power 100”, 2020 “Law Power 100” and 2019 “Law Power 50” lists by City & State New York and the 2019 list of “Notable Women in Law” by Crain’s New York Business. She was also named as one of New York Law Journal’s “Top Women in Law” for 2016. In addition, she received the “Diversity & Inclusion Champion Award” from the New York City Bar Association in 2020 for playing a critical role in advancing equity and inclusion for attorneys in New York. She has also received “The Work & Family Legal Center’s Distinguished Public Service Award” in May 2016 from A Better Balance for her work on the Women’s Equality Act. In addition, she received the Association of Black Women Attorneys’ “Professional Achievement Honor” in April 2015 and the Citizens Union of the City of New York’s “Public Service Award” in October 2015. Ms. Denerstein graduated from Columbia Law School, where she was named a Charles Evans Hughes Fellow for outstanding commitment to public service and was a recipient of the Jane Marks Murphy Prize for exceptional proficiency and advocacy in clinics.

33 Elizabeth Papez

1050 Connecticut Avenue, N.W., Washington, DC 20036-5306 USA TEL:+1 202.955.8608 [email protected]

Elizabeth Papez is a litigation and regulatory partner in the Washington D.C. office and a former Justice Department official. She is repeatedly recognized as one of Benchmark USA’s Top 250 Women in Litigation nationwide, and currently serves as a public member of the Administrative Conference of the United States. Ms. Papez’s practice focuses on high-stakes consumer protection, securities, and antitrust matters with parallel civil regulatory and litigation exposure. She has particular experience with the application of federal competition and consumer protection laws and multi-jurisdictional discovery and data-sharing considerations. As a former U.S. Deputy Assistant Attorney General, Ms. Papez has substantial experience navigating complex government investigations and related litigation. Her experience includes current and recent enforcement proceedings in competition and consumer protection matters before the U.S. Department of Justice (DOJ), Federal Trade Commission (FTC), Consumer Financial Protection Bureau (CFPB), Securities and Exchange Commission (SEC), and Commodity Futures Trading Commission (CFTC). The majority of these proceedings involved public company compliance and business practices concerning investor or consumer disclosures, pricing, and data sharing under the Sherman and Clayton Acts, the Consumer Financial Protection Act (CFPA), the Federal Trade Commission Act (FTCA), the Securities and Exchange Acts, Lanham Act, False Claims Act (FCA), and various state unfair and deceptive trade practices statutes. Ms. Papez has particular expertise handling investigations and litigation raising procedural (jurisdictional and administrative law) issues as well as market structure and investor/consumer impact defenses. In leading such matters Ms. Papez has worked extensively with compliance, sales, and trading personnel, IP and product development divisions, third party data providers, economists, and regulators on consumer disclosure, data privacy, pricing, and information-sharing attendant to a wide variety of electronic platforms and online transactions. Ms. Papez has particular experience with competitive considerations involving concentrated markets and the application of federal competition and consumer protection laws to two-sided commercial platforms, gig economy partnerships, and multi-jurisdictional discovery and data-sharing considerations including industry standard-setting practices. Ms. Papez clerked for U.S. Supreme Court Justice Clarence Thomas and Judge Danny Boggs of the U.S. Court of Appeals for the Sixth Circuit, and received her law degree from Harvard Law School, where she was the Supreme Court Chair and Notes Editor of the Harvard Law Review.

34 Ashley Rogers

2001 Ross Avenue, Suite 2100, Dallas, TX 75201 USA TEL:+1 214.698.3316 [email protected]

Ashley Rogers is a partner in the Dallas office. She is a member of the firm’s Litigation Department and practices in the Privacy, Cybersecurity and Consumer Protection Practice Group. Ms. Rogers’ practice focuses on a wide range of data privacy and consumer protection matters, and she has particular experience representing clients in the technology and internet industries in putative data privacy class actions and in government investigations. Ms. Rogers’ practice focuses on a wide range of data privacy and consumer protection matters, with particular expertise in representing clients in the technology and internet industries in putative data privacy class actions and in government investigations. Ms. Rogers also counsels clients on a range of issues relating to data privacy and consumer protection laws. Representative litigation and advisory engagements include: • Representing top social networking company in putative class action alleging violations of federal and California wiretapping laws due to alleged scanning of user communications. • Representing top social networking company in nonpublic FTC investigation related to disclosures regarding the company’s use of consumers’ personal information. • Representing public company in nonpublic FTC investigation of potentially deceptive advertising and marketing claims. • Representing privately held company in nonpublic FTC COPPA and data security investigations. • Advising industry-leading internet, software, and telecommunications companies regarding online and mobile products, including with respect to data practices, compliance with data privacy and consumer protection laws and regulations, including the FTC Act, COPPA, and Section 230 of the Communications Decency Act. • Drafting terms of service and privacy policies for technology and online retail companies and advising them regarding the same. Ms. Rogers earned her Juris Doctor degree from Stanford Law School, where she served as a senior editor of the Stanford Law & Policy Review, Vice President of Stanford Mock Trial, and President of Street Law. While at Stanford, Ms. Rogers was selected to be a teaching assistant for Federal Litigation and Trial Advocacy courses, and she represented disadvantaged children and families in special education and school discipline matters through the Youth and Education Law Project. She received a Master of Education degree from Chestnut Hill College, and she graduated summa cum laude from Brigham Young University with a Bachelor of Arts degree in English.

35 Winston Chan

555 Mission Street, Suite 3000, San Francisco, CA 94105-0921 USA TEL:+1 415.393.8362 [email protected]

Winston Y. Chan is a former federal prosecutor and litigation partner in the San Francisco office. He has particular expertise representing clients in enforcement actions and investigations by California’s Attorney General and local district attorneys. Mr. Chan is a Chambers-ranked attorney in White Collar Crime and Government Investigations, recognized by Benchmark Litigation as a “Litigation Star”, and recommended annually by Global Investigations Review. From 2003 to 2011, Mr. Chan served as an Assistant United States Attorney in the Eastern District of New York, where he investigated a wide range of matters as part of that office’s Business and Securities Fraud Section, including False Claims Act violations, health care fraud, Foreign Corrupt Practices Act violations, hedge fund improprieties, insider trading, accounting fraud, market manipulation, and fraudulent offerings of securities. Mr. Chan additionally prosecuted cases in the Organized Crime and Racketeering Section, where he handled matters involving Italian, Eastern European and Asian criminal enterprises, for which the Attorney General awarded Mr. Chan one of the Department of Justice’s highest awards for his “exemplary and historic work.” Representative engagements include: • Defended former executives of a global pharmaceutical and medical device company in connection with an investigation by the U.S. Attorney’s Office and State Attorney General’s Office into alleged violations of the Anti-Kickback Statute, which was successfully closed without further action. • Defended a registered financial advisor in connection with investigations by the State Attorney General’s and Secretary of State Offices into alleged misappropriation of client assets, and successfully obtained a full declination of charges. • Defended a hospital executive in connection with a criminal prosecution and trial by the California Attorney General’s Office for alleged violations of elder abuse reporting statutes, and successfully obtained a dismissal disposition of all charges. Mr. Chan earned his undergraduate degree, magna cum laude, from Yale University, and his Juris Doctor from Yale Law School, where he was on the Yale Law Journal and president of the Pacific Islander, Asian and Native American Law Students’ Association. Following law school, Mr. Chan served as a law clerk for the Honorable Leonard B. Sand of the United States District Court for the Southern District of New York, and then for the Honorable Chester J. Straub of the United States Court of Appeals for the Second Circuit.

36 Alexander Southwell

200 Park Avenue, New York, NY 10166-0193 USA TEL:+1 212.351.3981 [email protected]

Alexander H. Southwell is a partner in Gibson, Dunn & Crutcher’s New York office and is Co-Chair of Gibson Dunn’s Privacy, Cybersecurity, and Consumer Protection Practice Group. His practice focuses on counseling a variety of clients on privacy, information technology, data breach, theft of trade secrets and intellectual property, computer fraud, national security, and network and data security issues, including handling investigations, enforcement defense, and litigation. In p articular, Mr. Southwell regularly advises companies victimized by cyber-crimes and counsels on issues under the Computer Fraud and Abuse Act, the Economic Espionage Act, the Electronic Communications Privacy Act, and related federal and state statutes. Mr. Southwell additionally handles a range of white-collar criminal and regulatory enforcement defense, internal investigation, compliance, and complex civil litigation matters. An experienced trial and appellate attorney, prior to joining Gibson Dunn, Mr. Southwell served as an Assistant United States Attorney in the United States Attorney’s Office for the Southern District of New York. Mr. Southwell is also an Adjunct Professor of Law at Fordham University School of Law where he teaches a seminar on cyber-crimes, covering computer misuse crimes, intellectual property offenses, the Fourth Amendment in cyber-space, computer evidence at trial, data breach and privacy issues, and information security, among other areas. Mr. Southwell earned his undergraduate degree, magna cum laude, from Princeton University and his Juris Doctor, magna cum laude, from New York University School of Law. Following law school, Mr. Southwell was a Law Clerk for the Honorable Naomi Reice Buchwald of the United States District Court for the Southern District of New York. Mr. Southwell was named a Law360 “MVP” in Privacy in both 2016 and 2015 – one of five “elite attorneys” recognized – for his “successes in high-stakes litigation.” He is one of four attorneys ranked nationwide in Band 2 for Privacy & Data Security Litigation by Chambers USA: America's Leading Lawyers for Business. He is also ranked in White Collar Litigation by Chambers, which notes his “keen eye for attention to detail, client service and navigating a complex legal and regulatory landscape.” Mr. Southwell was also selected as a Cybersecurity and Data Privacy Trailblazer by The National Law Journal, and has been recognized as one of the top 30 Data Protection Lawyers in Legal Media Group’s Expert Guides Best of the Best USA, and named as one of the 30 best and brightest data breach response lawyers in Cybersecurity Docket’s “Incident Response 30.” In addition, he is recognized by The Legal 500 United States, Benchmark Litigation as a “Litigation Star,” The Best Lawyers in America© as a leading lawyer in the area of Criminal Defense: White Collar, and by Who’s Who Legal: Investigations as one of the world’s leading investigations lawyers. Mr. Southwell serves on Gibson Dunn’s Technology Committee and Firmwide Diversity Committee and is active with the Federal Bar Council and the Association of the Bar of the City of New York, having previously served on the Committee on Information Technology Law, Professional Responsibility Committee and the Government Ethics Committee. In addition, Mr. Southwell serves on the Board of Advisors of the Center on Law and Information Policy at Fordham Law School, on e of the nation’s leading academic centers contributing to the development of the law and policy in the area of information technology, and serves on the Advisory Board of the Cybersecurity Law Institute at Georgetown University Law Center and the Cybersecurity Research Institute at University of California, Irvine School of Law.

37 Amanda Aycock

200 Park Avenue, New York, NY 10166-0193 USA TEL:+1 212.351.2356 [email protected]

Amanda M. Aycock is a senior associate in the New York office of Gibson, Dunn & Crutcher. She is a member of the Firm’s Litigation Department, as well as the Privacy, Cybersecurity and Consumer Protection Practice Group, the Crisis Management Practice Group, the Media, Entertainment, and Technology Practice Group, and the White Collar Defense and Investigations Practice Group. Ms. Aycock has represented multinational companies and senior executives in a variety of industries (including technology, media, entertainment, and banking/finance) in complex commercial litigation, crisis management, and regulatory and white collar defense and investigations. She has partic ular expertise helping clients navigate complex legal crises involving a confluence of legal actions and inquiries—for example, from regulators, prosecutors, public representatives, and private plaintiffs—all at once. Substantively, her practice is cross-disciplinary and includes experience in consumer protection, data privacy, contract, employment, constitutional, antitrust, and criminal law. Ms. Aycock cochairs the Women and Gender Subcommittee of the New York Office’s Diversity Committee. In 2020, the Legal 500 recognized Ms. Aycock as a “Rising Star” in corporate investigations and white collar criminal defense, and as a “Name to Note” for white collar matters emanating from the technology, media and entertainment industries. She was also recognized by The Best Lawyers in America© as “One to Watch” in Criminal Defense: WhiteCollar. From 2014 to 2015, Ms. Aycock served as a law clerk to the Honorable Katherine Polk Failla in the United States District Court for the Southern District of New York. Ms. Aycock graduated from the University of Pennsylvania Law School in 2010 with joint degree, consisting of a Juris Doctor, cum laude, and the French equivalent of an LL.M., cum laude, sponsored jointly by the Sorbonne and the Institut d’Études Politiques (Sciences Po). While at Penn Law, she was a Levy Scholar and an Associate Editor of the University of Pennsylvania Journal of International Law. Ms. Aycock received her Bachelor of Arts in Comparative Literature and French in 2007 from the University of Pennsylvania, where she graduated magna cum laude and with distinction in Comparative Literature. Ms. Aycock is admitted to practice in the State of New York, and before the United States District Courts for the Southern and Eastern Districts of New York.

38 Ryan Bergsieker

1801 California Street, Suite 4200, Denver, CO 80202-2642 USA TEL:+1 303.298.5774 [email protected]

Ryan Bergsieker is a partner in the Denver office and a former federal cybercrimes prosecutor. He is recognized by Chambers as one of the top white collar defense and government investigations lawyers in Colorado, and was named by BTI to its Client Service All-Stars List. Mr. Bergsieker’s practice focuses on government investigations, complex civil litigation, and cybersecurity/ data privacy counseling. He has particular experience with Department of Justice, Federal Trade Commission (“FTC”), Department of Health and Human Services, and State Attorney General investigations, and substantive expertise regarding the False Claims Act (“FCA”), the European Union’s General Data Protection Regulation (“GDPR”), HIPAA, and a wide range of other federal, state, and international privacy/cybersecurity laws, regulations, and standards. Before joining Gibson Dunn, Mr. Bergsieker served as an Assistant United States Attorney in the District of Colorado. He coordinated the District’s computer hacking prosecutions, served as its subject matter expert on electronic surveillance law, and investigated and prosecuted a wide range of crimes, including computer intrusions, denial of service attacks, theft of proprietary business information, identity theft, pharmaceutical misbranding, wire fraud, mail fraud, and murder. Drawing on his experience, Mr. Bergsieker has written and lectured extensively on cybercrime, electronic surveillance, and other cybersecurity and criminal law topics. He serves on the Board of Directors of the Faculty of Federal Advocates, and has been appointed to the Magistrate Judge Merit Selection Panel for the District of Colorado. Representative litigation and advisory engagements include: • Representing publicly traded social media company in FTC inquiry related to disclosures regarding the company’s use of consumers’ personal information. • Representing publicly traded e-commerce company in FTC investigation following then-largest-ever data breach. • Representing multiple publicly traded healthcare providers and payors in Department of Health and Human Services investigations of potential HIPAA violations. Mr. Bergsieker graduated summa cum laude and Phi Beta Kappa from Princeton University with an A.B. from the Woodrow Wilson School of Public and International Affairs. He received his J.D. from Yale Law School, where he served on the Board of the Yale Law Journal. After graduating from law school, Mr. Bergsieker clerked for the Honorable David M. Ebel on the United States Court of Appeals for the Tenth Circuit.

39 Victoria Weatherford

555 Mission Street, Suite 3000, San Francisco, CA 94105-0921 USA TEL:+1 415.393.8265 [email protected]

Victoria Weatherford is a senior associate in the San Francisco office and member of the firm’s Litigation Department. She has particular expertise representing clients in enforcement actions and investigations by California’s Attorney General and local district and city attorneys, in California writs and appeals, and at trial. She is recognized as one of the American Bar Association’s “On the Rise – Top 40 Young Lawyers” in 2020. From 2014-2018, she served as a Deputy City Attorney in the San Francisco City Attorney’s Office, where she first-chaired statewide consumer protection cases to trial under California’s Unfair Competition Law and False Advertising Law as a member of the office-wide Affirmative Litigation Task Force and the Code Enforcement Division. Her cases garnered national headlines, resulted in tens of millions of dollars in civil penalties and statewide injunctive relief, and earned Victoria numerous Commendations from the San Francisco Board of Supervisors, the San Francisco Mayor, and the California State Senate and State Assembly. Representative engagements include: • Defending a rideshare company in an enforcement action brought by the California Attorney General and the San Francisco, Los Angeles, and San Diego City Attorneys, alleging Uber has misclassified drivers as independent contractors • Defending a delivery network company in an enforcement action brought by the San Francisco District Attorney, alleging DoorDash has misclassified Dashers as independent contractors • Defending a market-leading consumer products company in an enforcement action brought by the California Attorney General, Los Angeles District Attorney, and Los Angeles County Counsel, alleging false and misleading advertising, public nuisance, and unfair competition • Lead counsel for a leading home share company in a consumer data privacy matter, winning a complete defense verdict after trial • Defending a leading CRM service provider in post-trial proceedings and on appeal in a mass online tort action • Defended a leading consumer electronics company in numerous class actions in state and federal courts alleging false advertising and product defects • Represented a former technology company executive in a California DOJ consumer privacy investigation Victoria earned her undergraduate degree, summa cum laude and Phi Beta Kappa, from the University of California, Los Angeles, and her Juris Doctor from Yale Law School, where was a Notes Editor of the Yale Law Journal and Executive Editor of the Yale Journal on Regulation, and worked at the San Francisco Affirmative Litigation Project on In re Marriage Cases and then challenges to Proposition 8, to legalize gay marriage in California. Following law school, Victoria served as a law clerk to the Honorable William B. Shubb of the United States District Court for the Eastern District of California, and then for the Honorable Edward C. Prado of the United States Court of Appeals for the Fifth Circuit.