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    03.19.10 Corporate Journal Symposium: Data Security and Data Privacy in the Payment System

    Friday, March 19
    9:15 am — 3:30 pm (breakfast at 8:45 am)

    Brooklyn Law School
    250 Joralemon Street

    Sponsored by 
    Brooklyn Journal of Corporate, Financial and Commercial Law

    About the Program
    In the modern payment system tremendous amounts of data flow between and among financial institutions, consumers, merchants and data processors.  Some of the data is shared to effectuate transactions.  Other data is shared for customer service and marketing purposes.  Data privacy law governs the question of what uses of this information are appropriate. Data security law governs the ways in which such data must be secured from inadvertent disclosure.  The two subjects are linked but they raise very different sets of regulatory questions.  Consumers are often surprised at how their data is used, and protecting their expectations is important.  They are, however, frequently harmed when financial institutions fail to safeguard customer data.  Identity theft and other forms of fraud cause direct harm.  These distinctions are placed in high relief where financially sensitive data is involved, and the purpose of this conference is to consider legal mechanisms for generating appropriate rules and norms for information sharing, for enforcing those norms and for mitigating harm caused by accidental data leaks.

    The conference will consider the manner in which consumers and financial institutions contract for data privacy and data security, possible regulatory responses to the limitations of a contract based regimes, and finally the possibility of a coordinated regulatory architecture to deal with and minimize the harm caused by security breaches.

    Brooklyn Journal of Corporate, Financial and Commercial Law
    The Brooklyn Journal of Corporate, Financial and Commercial Law was founded in 2005 as a student-run business law journal, specializing in corporate, financial and commercial law subjects, including securities and bankruptcy law. The Journal hosts an annual symposium devoted to a business-related topic, at which current and significant questions of legal policy can be addressed by both academics and practitioners. The Journal will publish articles from leading scholars and student-prepared notes.

    Symposium Co-Chairs

    Brooklyn Law School Professors Edward J. Janger and Derek E. Bambauer organized this symposium.


    8:45 am

    Registration and Continental Breakfast

    9:15 am

    Welcoming Remarks
    Dean Joan G. Wexler

    9:30 am

    Introductory Remarks
    Edward J. Janger

    9:45 am Common Law Regulation: Contract, Tort and Property

    11:15 am


    11:30 am

    Regulatory Institutions

    1:00 pm


    2:15 pm

    Towards a Coordinated Regulatory Architecture


    James Grimmelmann
    Associate Professor
    New York Law School  

    Derek E. Bambauer
    Assistant Professor of Law
    Brooklyn Law School

    Chris Jay Hoofnagle
    UC Berkeley Law

    Sarah Jane Hughes
    University Scholar and Fellow in Commercial Law
    The Indiana University Maurer School of Law

    Melissa B. Jacoby
    George R. Ward Professor of Law, UNC-Chapel Hill
    Visiting Professor of Law, Brooklyn Law School

    Edward J. Janger
    David M. Barse Professor of Law
    Brooklyn Law School

    Adam J. Levitin
    Associate Professor of Law
    Georgetown University Law Center

    Juliet M. Moringiello
    Professor of Law
    Widener University School of Law

    Frank A. Pasquale
    Loftus Professor of Law, Seton Hall Law School
    Associate Director, Center for Health & Pharmaceutical Law & Policy, Seton Hall University

    CLE Credit

    This course provides 5.5 CLE credits in the State of New York. The credits are transitional and non-transitional and the category is Professional Practice.


    The program is free for those who do not want CLE credit. All attendees, however, must RSVP.

    $55 ($10 per CLE credit) for Brooklyn Law School graduates who hold a 2010-2011 BLS Alumni Association Membership Card. If you would like to join, please call 718-780-7966.

    $275 ($50 per CLE credit) for all others.

    If you are registering for CLE credit, you can pay online or by mail with a check payable to Brooklyn Law School. Send it to:

    Brooklyn Law School,
    Office of External Affairs,
    250 Joralemon Street, Brooklyn, New York 11201

    Our financial aid policy is available upon request. Please e-mail or call 718-780-7953.

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