| Biography:
Tanya Forsheit, a partner in Proskauer’s Los Angeles office, is co-head of the Firm’s Privacy and Data Security Practice Group and a member of the Litigation and Dispute Resolution Department. She was named one of the Los Angeles Daily Journal’s Top 100 women litigators in California for 2009 and has extensive experience handling complex commercial and appellate litigation for corporate and individual clients before federal and state courts at all levels. Tanya also counsels clients on privacy and data security obligations.
Privacy and Data Security/Information Management
Tanya works with clients to develop internal and public-facing policies addressing legal requirements and best practices for protection of customer and employee information. Tanya regularly advises clients regarding legal restrictions on information-sharing and data retention, and provides guidance regarding state laws requiring notification in the event of data security breaches.
Certified as an information privacy professional by the International Association of Privacy Professionals (IAPP), Tanya frequently writes on recent developments in federal and state privacy laws. She is a co-author of a chapter on State Privacy Laws in the Practising Law Institute treatise Proskauer on Privacy (2006), and is the lead editor and a frequent contributor to the Proskauer Privacy Law Blog, available at www. proskaueronprivacy.com, selected in 2008 for inclusion in the Library Of Congress historic collection of Internet materials. Tanya also authored a chapter on venue in Proskauer on International Litigation and Arbitration: Managing, Resolving, and Avoiding Cross-Border Business or Regulatory Disputes, available at www.proskauerguide.com.
Commercial and IP Litigation
Tanya’s litigation experience includes defense of a wide variety of commercial disputes including breach of contract, business tort, trademark infringement, fraud, employment, and antitrust claims, as well as the prosecution of claims for cybersquatting, trademark and copyright infringement, unfair competition, and misappropriation of trade secrets.
In June 2008, Tanya obtained summary judgment on behalf of online entertainment company GoPets Ltd. in a trademark infringement and cybersquatting case, resulting in an award of statutory damages and transfer of www.gopets.com and 18 other domain names to GoPets. In January 2008, Tanya successfully moved for a preliminary injunction in the same matter, shutting down the squatter's web site and requiring it to post disclaimers.
Tanya was part of the Los Angeles-based Proskauer teams that successfully petitioned the United States Supreme Court to grant certiorari in two matters involving questions of first impression, and obtained a landmark decision in Johnson v. California, 125 S. Ct. 1141 (2005), resulting in a historic settlement with the California Department of Corrections and Rehabilitation calling for the desegregation of California’s prison system.
In 2005, 2006, 2007, and 2008, Tanya was named a Southern California Super Lawyer - Rising Star by Law & Politics.
Tanya is a member of the Bar of the State of California, and is admitted to practice before the Supreme Court of the United States, the United States Courts of Appeals for the Ninth and Fourth Circuits, and the United States District Courts for the Central, Northern, and Southern Districts of California. Tanya is an Officer and Board Member of the Women Lawyers Association of Los Angeles, sits on the Executive Committee of the Intellectual Property and Entertainment Law of the Los Angeles County Bar Association (LACBA), and is a member of the Litigation Sections of the American Bar Association and LACBA, and numerous ABA committees.
Tanya is a graduate of the University of Pennsylvania Law School, where she was a Senior Editor of the Journal of International Economic Law. Tanya graduated, cum laude, from Duke University.
Publications:
Privacy, Data Security, and Outsourcing: Domestic and International Regulation, The Review of Securities and Commodities Regulation, Vol. 42, No. Two (January 21, 2009)
What is Private? The Courts Decide a Laptop Is Not Like a Home or the Human Mind, The California Psychologist, Vol. 41, No. Six, (Nov./Dec. 2008)
Employee Privacy is no LOL Matter, Los Angeles Daily Journal (June 27, 2008)
Co-author, Proskauer on Privacy: A Guide to Privacy and Data Security Law in teh Information Age, State Privacy Laws Section, Practicing Law Institute (2006)
Selecting U.S. Venue in Proskauer on International Litigation and Arbitration: Managing, Resolving, and Avoiding Cross-Border Business or Regulatory Disputes, available at http://www.proskauerguide.com/litigation/2/I
Lead editor, Proskauer Privacy Law Blog, available at www.proskaueronprivacy.com
International Emissions Trading: Equity Issues in the Search for Market-Based Solutions to Global Environmental Degradation, 18 U. Pa. J. Int’l Econ. L. 689 (1997)
Selected Client Alerts
New York Provides New Resource for Navigating Privacy and Data Security Requirements
Red Flag Enforcement
SEC Seeks to Better Protect Investors' Privacy
Feds Put Companies on Notice: Be Ready to Detect and Respond to Red Flags of Identity Theft
When Reckless Means Willful - High Court Issues Landmark Decision under the Fair Credit Reporting Act
Senate Passes New Federal Legislation Criminalizing "Pretexting" On The Heels Of Hewlett-Packard Civil Settlement
California Supreme Court Rules That All Parties Must Consent Before Out-of-State Companies Doing Business in California Record Telephone Conversations
Selected Speaking Engagements:
Practicing Law Institute: Outsourcing and Offshoring, Privacy and Data Security (October 23, 2009)
AICPA TECH+, Managing Sensitive Data: Security Practices and Policies (June 17, 2009)
CSISX, General Session: Can you Prove Compliance in the Cloud? Cloud Security: Processes and Practices NAC Deployment on Speed (May 19, 2009)
Proskauer Women's Law Forum: Website 101: Updates on SEC Guidance and Privacy Regulations (November 20, 2008)
Professional Liability Underwriting Society: Preventing the Unpreventable: Best Practices to Minimize Exposure to Information Losses (November 7, 2008)
Practicing Law Institute: Outsourcing and Offshoring: Protecting Critical Business Functions; Privacy, Data Security and Outsourcing (October 24, 2008)
Society for Human Resource Management (SHRM): Privacy and Technology in Today's Workplace (June 23, 2008)
International Association of Privacy Professionals (IAPP) Practical Privacy Series: Data Breach (Prevention, Detection, Operations and Litigation); Litigation: Private suits and regulatory investigations - Practical Tips (June 16, 2008)
Law Seminars International: eHavioral, Peer-to-Peer New Media Marketing: Current regulatory, legal, technological and business developments; Privacy and Advertising: Data security: Breach of security; data breach notification laws; enforcement priorities and mechanims; FTC and state enforcement of data security (June 3, 2008)
Business 21: E-Privacy: How You Can Legally Monitor E-mail, IM, Blogs and Internet Activity (May 6, 2008)
Hildebrandt Law Firm General Counsel Roundtable: Blogs and Other Types of New Internet Media: Risk Considerations for Law Firms (April 10, 2008)
Practicing Law Institute: Outsourcing and Offshoring: Protecting Critical Business Functions; Privacy, Data Security and Outsourcing (October 19, 2007)
Practicing Law Institute: Eighth Annual Institute on Privacy and Secuirty Law: Pathways to Compliance in a Global Regulatory Maze (June 26, 2007)
LexisNexis and Variety Present Digital Rights Management Conference: DRM: Privacy Implications (April 23, 2007)
Selected Legal Commentary
Net Profits, Cutting a Winning Edge in Law Firm Blogs, The American Lawyer (May 1, 2008)
Federal breach notification stuck in Congress, SearchCIO-Midmarket.com (May 1, 2008)
CSO Disclosure Series | What's Next with Disclosure Legislation? An interview with lawyer and breach notification expert Tanya Forsheit on why the United States still doesn't have a federal breach notification law. Part of an in-depth series about disclosing breaches (February 11, 2008)
Privacy and Data Security: Significant Compliance Issues, Metropolitan Corporate Counsel (January 2008)
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