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Cyber and Physical Security of Energy Industry Infrastructure: Lessons Learned and What Lies Ahead

Recorded On: 10/07/2024

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For organizations both within and outside the energy industry, cybersecurity and physical security incidents have become an important area of focus. In this session, in-house and outside counsel will discuss recent developments and legal requirements surrounding energy industry assets and infrastructure. Panelists will share lessons learned, analyze current trends, and discuss how these experiences apply across the energy industry. Gain insights into the evolving landscape of energy infrastructure protection, ensuring preparedness for emerging challenges and shifts.

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Cyber and Physical Security of Energy Industry Infrastructure: Lessons Learned and What Lies Ahead
Recorded 10/07/2024  |  58 minutes
Recorded 10/07/2024  |  58 minutes
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Tyler Butler

Assistant General Counsel - GCO Association & Bus. Affairs

NRECA

Sara Garvey

Deputy General Counsel

AEGIS Insurance Services, Inc.

People-first leader passionate about building agile legal teams, within complex, highly-regulated global organizations, able to navigate modern business challenges including cybersecurity, data privacy and rapidly advancing technology and regulations. Successful record of developing and retaining key talent as well as implementing innovative workflows to drive efficiencies and measurably improve the quality and impact of legal services. An industry recognized technical and business resource skilled in identifying and simplifying complex legal issues, partnering with executive leadership to address business challenges and proposing decisive action to achieve company goals. Reporting directly to GC of multi-billion dollar surplus lines insurer to the energy and utility industries.

Purposeful connector of people and passionate contributor and champion of pro bono and non-profit initiatives. Member of CHIEF and mentor in the Alliance for International Women's Rights (AWIR.org).

Munir Hassan

Partner, Head of Energy & Climate Change

CMS

Munir Hassan is Head of the CMS Energy & Climate Change Group. The Group is a global market leader in specialist legal advice on energy matters, in particular in the power and renewables sectors. Munir’s team advises on a large portfolio of low carbon projects and transactions across all technologies, particularly offshore wind, onshore wind, solar and biomass, and across legal disciplines from M&A and financings through to consenting, real estate, commercial and regulatory issues and disputes.

In addition, it is helping to carve a path forward for technologies that are accelerating the energy transition, from shaping the business models for carbon capture and storage, advising on small modular nuclear reactor projects, the first commercial scale floating offshore windfarms and on hydrogen projects in all their various colours.

Munir advises on all aspects of power from generation to networks. He started his career advising largely on power and gas networks, wholesale markets, industry and regulated frameworks and conventional power stations. Over the past sixteen years this work has been supplemented with a strong focus on the clean energy sector, including on securing project opportunities (whether merchant or government procured), permitting, dealing with the challenges of a constantly changing commercial and regulatory environment on a national and international level, the commercial arrangements for projects, revenue stream arrangements, project contracts and operational optimisation. He provides the sectoral expertise on M&A transactions, project financings and disputes across the UK, Europe, Asia, MENA, sub-Saharan Africa and Latin America.

He is also renowned for his depth of expertise in wholesale market reforms, restructurings, privatisations and reforms of regulatory frameworks. This wealth of background gained from over twenty five years of advising on the rules in the sector are currently helping clients and counterparts address the novel challenges that arise as we make lasting decisions that will shape our future energy system.

Munir is the editor of “Wind: Projects & Transactions”, “Power: A Practical Guide”, the Renewable Energy Law Review 2023, the CMS Renewables Guide covering over 40 jurisdictions and a number of other specialist energy publications. He is also the Chair of the Energy Committee of the City of London Law Society.


https://www.linkedin.com/in/munir-hassan/

Jessica Engler

Partner, CIPP/US, CIPM

Kean Miller LLP

Jessica Engler, CIPP/US, CIPM, is a partner in the New Orleans office of Kean Miller. She joined the firm in 2013 and practices in the data security, intellectual property, and commercial litigation groups.

Jessica’s practice is diverse and dynamic. Jessica’s clients rely on her to provide business-oriented perspectives and practical, real-world advice to their legal needs. She regularly advises clients in all aspects of data privacy and protection, including prevention efforts, breach response, litigation, compliance, and third-party risk management. Jessica regularly helps inventors and brand owners maintain and protect their exclusive rights to their innovations and safeguard their valuable IP portfolios. When disputes arise, clients turn to Jessica to efficiently and effectively enforce their rights and support their defenses in both litigation and arbitration.

Jessica has been awarded the ANSI-accredited Certified Information Privacy Professional for the U.S. Private Sector (CIPP/US) (2018) and Certified Information Privacy Manager (2023) designation by the International Association of Privacy Professionals (IAPP). In the legal community, Jessica currently serves as the Young Lawyer Liaison Chair to the DRI Cybersecurity and Data Privacy Committee.

Jessica is listed in The Best Lawyers in America as a One to Watch from 2021-2025 and Louisiana Super Lawyers as a Rising Star from 2020-2024. In 2021, Jessica was awarded the Frank L. Maraist Award by the Louisiana Association of Defense Counsel. Jessica was also recognized as a member of the New Orleans CityBusiness Leadership in Law class for 2021 and as a Top Lawyer in 2023 by New Orleans Magazine.

Representative ExperienceData Security & Privacy

  • Management of numerous companies’ data breach responses, including developing strategies to understand what happened, contain the incident, address compliance requirements, and minimize further damages and litigation. Companies that have used Jessica’s data breach management services include accounting firms, direct-to-consumer products, energy and utility companies, staffing agencies, and surveying services.
  • Representation of numerous clients in evaluating vendor management and evaluating data privacy risks through targeted software license and data processing addendum negotiations.
  • Regularly advising clients on countless data security and privacy issues and regulatory schemes, including the EU General Data Protection Regulation (GDPR), the California Consumer Privacy Act (CCPA), the Children’s Online Privacy Protection Act (COPPA), Gramm-Leach Bliley Act (GLBA), the Federal Trade Commission (FTC) Act, and assorted state regulations.
  • Preparation of privacy policies and internal privacy management schemes for companies of all sizes in various industries. Clients include Fortune 500 companies, smartphone app developers, social media companies, cultural and hospitality enterprises, and tech startups.

Intellectual Property

  • Defense of an independent clothing merchant against claims of trademark infringement, copyright infringement, and trademark dilution.
  • Defense of clients in responding to cease and desist letters and litigation from both practicing and non-practicing entities (“patent trolls”).
  • Representation of clients in unfair trade practice and trade secret misappropriation disputes.
  • Prosecution for clients in numerous industries including software applications, electrical devices and electronics, household and consumer grade appliances, medical devices, oil field and natural gas field solutions, satellite communication mechanisms, food service, and other industries.
  • Prosecution of trademark applications before the United States Patent and Trademark Office.
  • Prosecution of copyright applications before the United States Copyright Office.
  • Representation of patent applications in appeals of examiner rejections before the patent Trial and Appeal Board.
  • Preparation of patent opinions of non-infringement and design-arounds.
  • Counseling clients on the Digital Millennium Copyright Act (DMCA) issues including steps to be taken to be compliant with the DMCA Safe Harbor provisions.
  • Drafting and negotiating software as a service agreements, software license agreements, nondisclosure agreements, patent licenses and assignments, copyright assignments, trademark co-existence agreements, and other intellectual property contracts.

Commercial Litigation

  • Representation of Enterprise Resource Planning (ERP) software vendor in breach of software license dispute.
  • Representation of an ERP software licensee in a software implementation dispute.
  • Defense of contractors, subcontractors, architects, and other professionals and negotiated resolutions in payment and construction disputes.
  • Defending awards of state government contracts in public bid disputes and protests.
  • Representation of federal government contractor in international arbitration concerning payment dispute related to construction of a United States embassy.