ACC NYC   BOARD   CONTACT   JOIN   IN THIS ISSUE President's Message Featured Articles Past Presentations Upcoming ACC NYC Events Online Photo Albums Membership News Thank You to Our Sponsors Emerald Sponsors Click here for a complete list of sponsors We are Social Follow ACC-NYC on Social Media! Join the conversation in person at our events, and also online!   One of ACC-NYC's goals is to use LinkedIn to better engage with our community, so please follow our chapter page here. Plan to get access to all our events, content from our sponsors, ACC HQ, and in-house job opportunities. FOCUS ON THE NEW YORK CITY CHAPTER ~ WINTER 2023 NEWSLETTER Greetings and Happy Holidays! I hope this newsletter finds you well. Since my last newsletter, we hosted our ACC-NYC Annual Meeting and half-day CLE event entitled “Executive Decisions With a Legal Lens” at Fordham Law School. The event featured a fireside chat with Lynn Haaland, Chief Privacy Officer and Deputy General Counsel, Product and AI at Zoom, as well as 3 CLE sessions.  We also hosted several social events; including a Mixology Event at the Raines Law Room, a Diversity & Inclusion Event, a Pro Bono Event, and a Career Day event at Fordham Law School to benefit Fordham Law students. We also held outstanding educational webinars awarding CLE credits for Cybersecurity and Privacy, Diversity, Inclusion and Elimination of Bias, Ethics and professional practice credits, and in-person events that always include a networking component. If you missed our events, please check out our photos on our LinkedIn page and on our website.  Reflecting on 2023, I am happy to report that we have had a busy year and have executed many of our goals by completing the following initiatives:  1) More Member Engagement at our Core Events: Our full-day program, the 2023 General Counsel Toolkit, was a great success as evidenced by boasting pre-pandemic attendance numbers. We also witnessed record attendance and stellar feedback for our Annual Meeting and half-day day event.  2) Revamp of the Women & Gender Group: We held two engaging Women & Gender Group events this year and look forward to our next one in January 2024.  3) Revamp of the Members in Transition (MIT) Group: We held a MIT event and are actively planning to rebrand the group to “Career Corner” with more professional development, which will be open and available to all ACC-NYC members.  4) Revamp of the CLO Club: We held a Fall CLO Breakfast and are actively planning on hosting more CLO-specific events in 2024.  5) Host more Give Back Events: We held a Pro Bono IP Clinic this fall, participated in a Legal Outreach Mentors Day program, hosted a “Day In the Life” program at the North America Headquarters of CHANEL for Fordham Law School Fashion Law students, and held a career day at Fordham Law School.  Our full-day program, the 2023 General Counsel Toolkit, was a great success, as evidenced by boasting pre-pandemic attendance numbers. We also witnessed record attendance and stellar feedback for our Annual Meeting and half-day day event.  The highlight of 2023 was receiving the Best Partnership Award at the ACC Annual Meeting in San Antonio for our “Day In the Life” Program executed in partnership with Fordham Law School and CHANEL’s legal department to educate the next generation of in-house lawyers interested in in-house careers.  As we close out 2023, we are actively planning events for 2024. Be sure to join us on January 9 for a Happy Hour event at The Parlour Room hosted by the Employment Law Practice Group and a Women & Gender CLE event on January 17. I am incredibly proud of all that we have accomplished in 2023, grateful to work with an amazing Board of Directors, and looking forward to continuing to serve the ACC-NYC member community in 2024.  Wishing you and your family a wonderful Holiday season.   Respectfully, Tia L. Gilford ACC-NYC, President FEATURED ARTICLES Uncharted Territory: The SEC Sues SolarWinds and its CISO for Securities Laws Violations in Connection with SUNBURST Cyberattack Featuring: Crowell & Moring On October 30, 2023, the Securities and Exchange Commission (the “SEC”) filed a civil lawsuit charging SolarWinds Corporation (“SolarWinds” or the “Company”) and its chief information security officer, Timothy G. Brown (“Brown”), with securities fraud, internal controls failures, misleading investors about cyber risk, and disclosure controls failures, among other violations.  The SEC’s claims arise from allegedly known cybersecurity risks and vulnerabilities at SolarWinds associated with the SUNBURST cyberattack that occurred between 2018 and 2021. Founded in 1999, SolarWinds, a publicly traded company, provides software that thousands of companies and many government agencies use to manage their information technology infrastructure by, for example, monitoring activity on networked servers.  SolarWinds conducted its first initial public offering (“IPO”) in 2009 and remained a public company until February 2016, when it was acquired by several private equity firms in a take-private transaction. The Company conducted a second IPO in October 2018 and remains a public company.  The Company filed a Form S-1 registration statement with the SEC in connection with its October 2018 IPO, which became effective on October 18, 2018.  The Company conducted an additional public offering of shares through a Form S-1 registration statement filed on May 20, 2019.  The SEC alleges that SolarWinds falsely promoted its cybersecurity practices and, furthermore, deprived investors of key information when the Company went forward with its 2018 offering without disclosing known vulnerabilities.   Learn More The California Privacy Protection Agency Proposes Draft Regulations on Artificial Intelligence Featuring: Lowenstein Sandler On November 27, the California Privacy Protection Agency (CPPA) released draft regulations on automated decision-making technologies (ADMT) pursuant to the Consumer Privacy Protection Act, as amended (CCPA). The proposed ADMT framework clearly signals California’s intention to take the lead on state-level regulation of artificial intelligence (AI). CPPA Executive Director Ashkan Soltani went even further, telling TechCrunch that the draft proposal is “by far the most comprehensive and detailed set of regulations in the AI space.” What is ADMT? The CPPA’s proposal broadly defines ADMT as “any system, software, or process — including one derived from machine learning, statistics, other data processing or artificial intelligence — that processes personal information and uses computation as [a] whole or part of a system to make or execute a decision or facilitate human decision-making. ADMT includes profiling.” Thus, ADMT includes systems, software, or processes that make or execute decisions without human intervention, and those that “facilitate human decision-making.” Learn More Second Circuit Finds Art Collective Can’t Use First Amendment to Skate Out of Injunction Featuring: Proskauer Rose LLP In its first opportunity to apply the Supreme Court’s recent decision in Jack Daniel’s Properties v. VIP Products LLC, which held that the First Amendment did not protect infringing works that “use [the complainant’s] mark [ ] as a mark,” the Second Circuit upheld an Eastern District of New York order enjoining art collective MSCHF from offering its “Wavy Baby” sneaker that likely infringed Vans’ marquee “Old Skool” sneaker. See Vans, Inc. v. MSCHF Prod. Studio, Inc., 602 F. Supp. 3d 358 (E.D.N.Y. 2022). The Vans case and appeal had both been stayed pending the outcome of Jack Daniel’s.  MSCHF Product Studio Inc., a Brooklyn-based art collective, designed and manufactured the “Wavy Baby” sneakers as a collaboration with rapper Tyga as a parody of the Old Skool skate shoe made by Vans, Inc. MSCHF described the Wavy Baby as featuring a platform-like sole with exaggerated waves that made the shoes non-functional as skateboarding shoes or sneakers, in contrast to the flat-soled, functional Vans’ Old Skool. The wavy side stripe on the Wavy Baby, like the other wave-like elements, were intended to give the classic sneaker a liquified look. As part of its marketing, Tyga posted a video on social media of a Wavy Baby shoe being pulled out of a microwave following the expiration of the microwave timer’s countdown, as if to show that heating a Vans Old Skool sneaker would melt it into the Wavy Baby. Learn More NOTES FROM ACC-GLOBAL Artificial Intelligence Insights Microsite AI is changing legal departments and businesses. To keep ACC members ahead of the latest change, ACC’s Research team has created the Artificial Intelligence Insights Microsite to share the latest on AI-related topics and tools. Check out all the articles and resources curated especially for you!  Learn more PAST PRESENTATIONS Did you know ACC-NYC curates a webpage of all our past presentations exclusively for our members? Whether you’re looking to reference a particular topic that was raised or you’re curious what you may have missed at an event, make sure to bookmark this important resource, which includes some video recordings of past events! ACC-NYC PAST PRESENTATION MATERIALS   UPCOMING ACC-NYC EVENTS Be sure to check our Events Page frequently for a listing of our upcoming virtual and in-person events! ONLINE PHOTO ALBUMS View photo galleries from recent ACC-NYC events! 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