Corporate Counsel Risk & Compliance Intensive
Start time 18 Mar 2021 9:00am (Australia - Melbourne)
End time 18 Mar 2021 12:30pm (Australia - Melbourne)
Location Live Stream Only
Speaker See Full Program
Catering Not Included
Designed for Legal Practioners
Product Code I21007
CPD Points:

Substantive Law: 3.0
(includes GST)

Corporate Counsel Risk & Compliance Intensive

18 Mar 2021 9:00am - 18 Mar 2021 12:30pm (Australia - Melbourne)
Live Stream Only

Legal Professional Privilege - Risk of Loss Through Technology

Recent cases such as TEC Hedland Pty Ltd v The Pilbara Infrastructure Pty Ltd show that the ability to rely on LPP can depend on the steps taken and timing of those steps. They also highlight the adverse outcomes in a claim that can arise once information is in the public domain. What rights and remedies does a party have once the material is in the public domain?

The risk of loss of LPP may increase through greater reliance on technology. Particularly in the event of security breaches, staff access to and inadvertent sharing of information when working remotely and client sharing of information on social media.

What are the obvious and not so obvious risks through use of technology and how can those risks be minimised?

This session will outline the current legal position around LPP and highlight the particular risks regarding technology. It will also address the steps that should be taken to minimise those risks.

Presented by: Lisa Fitzgerald, Partner, Lander & Rogers

Climate Change, Advice and Litigation – Are You Prepared?  

In 2020 alone, four separate significant climate change actions were initiated in Australian courts, including a case alleging that the Federal Government has engaged in misleading and deceptive conduct in respect of its climate-related disclosures for government bonds.

2020 also saw a settlement reached between REST Superannuation Fund and one of its fund members in a case centring on the scope of superannuation trustees' duties to manage and disclose the climate change risks. When settlement was reached, REST issued a statement acknowledging the significant economic risks associated with climate change, and joined a number of Australian super funds committing to net zero emissions in its investments by 2050.

With the pace of climate-related litigation only likely to increase, in-house counsel must be aware of how their client may be vulnerable in this critical area, and what advice is needed on a short and long term basis.

This session will discuss the key trends both here and abroad and the implications for Australian business, including key compliance focus areas. It will discuss the critical topics you need to know so you can ‘be aware and prepare’!

Presented by: Jillian Button, Partner and Head of Climate Change, Allens

Privacy (including business collection of COVID-19 check-in data), Data Protection and Cybersecurity Update

This session will provide an update of key developments in privacy and cyber security over the past year. The year brought several privacy developments unrelated (and some related!) to COVID-19, including a federal privacy review, OAIC action against facebook, and an updated Australian Cyber Security Strategy.

Even the most sophisticated systems can be vulnerable to attack and recent high profile cyber security attacks have highlighted how easily and tenacious cybercriminals are when targeting an organisation or business. Your clients data or confidential information can be held to ransom, or more recently be ‘sold’ on the dark web which can have serious legal and commercial consequences.

This session will cover key topics including:

  • What is the role of the In-House counsel when advising a client about a potential or actual cyberattack, and strengthening a client's cyber resilience?
  • Notable recent cyberattacks
  • Data breach and cyberattack response plans
  • The Australian Cyber Security Strategy 2020
  • The current review of the federal Privacy Act and potential future reforms
  • The OAIC enforcement landscape (including its action against facebook)
  • Cyber Insurance coverage and what to look for

This is your essential Cyber Hour not to be missed.

Presented by: Rob Pulham, Special Counsel, K&L Gates

Michelle Aggromito, Senior Associate, K&L Gates