Jake Bernstein

CISSP, Partner, K&L Gates LLP, Cybersecurity and Privacy

Jake Bernstein is a partner at K&L Gates’s Seattle office and a former Washington State Assistant Attorney General. He is a member of the Technology Transactions and Sourcing practice group, and primarily services clients under the Data Protection, Privacy, and Security focus area. Jake is also a Certified Information Systems Security Professional licensed by (ISC)­2.* Prior to joining the firm, Jake served as an attorney at internet, media, and technology law firms in Seattle. Through this role Jake focused his practice on cybersecurity and privacy, and provided incident response counseling and coaching, and proactively counseled clients on a wide range of cybersecurity issues including cybersecurity risk management, security architecture, vendor risk management, application security, and more.

Additionally, Jake has provided outside general counsel services to rapidly-growing, technology-focused companies. He has experience in advising executives, sales managers, and engineers on regulatory compliance under a host of state, federal, and international laws including the California Consumer Privacy Act (CCPA), federal Gramm-Leach-Bliley Act (GLBA), NY SHIELD Act, and the European Union’s GDPR. 

*The Washington State Supreme Court does not recognize certification of specialties in the practice of law and this certification is not a requirement to practice law in the state of Washington.

My Sessions
September 23, 2021 8:00 PM
Why Most CCPA Cases Will Fail: Five Hurdles Plaintiffs Must Clear (Sponsored by Exterro)

The California Consumer Privacy Act (CCPA) is a landmark U.S. privacy law with many laudable features. But the law’s private right of action is not among its strongest provisions. The CCPA’s private right of action only grants consumers who have suffered very specific data breaches a limited right to sue. However, this has not stopped law firms trying to force through legal challenges against businesses that have violated irrelevant parts of the CCPA.This panel will explore the debate around why these cases will fail and the hurdles that plaintifss must clear.

Speakers Include:

Host: Robert Bateman, Analyst and Research Director, GRC World Forums

Jake Bernstein, CISSP, Partner, K&L Gates LLP, Cybersecurity and Privacy

Lily Li, CIPP/US/E/M, GCFA, Founder/President of Metaverse Law Corporation

September 23, 2021 6:00 PM
Emerging Challenges in Cybersecurity: Implications of Biden’s executive order on supply chains and Third Party Risk Management (Sponsored by Process Unity)

As detailed by PWC, "The supply chain order, like most of the policies proposed by the new Biden administration so far, takes a whole-of-government approach—emphasizing climate change, diversity, American jobs and cybersecurity. The pandemic already laid bare many of the vulnerabilities in the supply chains of key areas like pharmaceuticals, semiconductors and the food supply. Companies should be (if they are not already) looking at this confluence of policy areas when considering solutions for their supply chain that will shore up these vulnerabilities brought about by pandemics, climate change and geopolitical pressures."  This panel will explore these questions around cybersecurity and the implications of this executive order.

Speakers Include:

Host: Nandita Rao, Privacy, DoorDash

Dominic Vogel, Founder & Chief Strategist, CyberSC

Jake Bernstein, CISSP, Partner, K&L Gates LLP, Cybersecurity and Privacy

Todd Boehler, Senior Vice President of Strategy, Process Unity

September 22, 2021 6:00 PM
Global Data Protection and Privacy Law Developments USA: Will Next Year see a Federal Privacy Law Under the Biden Administration? (Sponsored by PKWARE)

Many more states within the US are leading the legislative charge to follow California, Colorado and Virginia to pass Privacy Acts into law. From New York and Massachusetts to North Carolina and Ohio, moves are afoot. This panel will discuss these moves but also explore whether 2022 could be the year when we finally see a Federal Privacy Law in the USA under the Biden administration.

Speakers Include:

Host: Alexander McD White, Privacy Commissioner, Bermuda

Julia Durbin, Assistant General Counsel, Dun and Bradstreet

Kirk J. Nahra, Partner, Co-Chair Global Cybersecurity and Privacy Practice, WilmerHale

Jake Bernstein, CISSP, Partner, K&L Gates LLP, Cybersecurity and Privacy

September 22, 2021 4:00 PM
Speaking Different Languages: What Data Protection & Privacy and Security departments have to learn about each other (Sponsored by Wired Relations)

Whether it be the coalescing of both security and privacy in the CISO office, or questions about where a Privacy Office fits and whether it incorporates Risk, Legal, Compliance and Engineering, there are so many things that Data Protection/Privacy and Security offices can learn from each other as they look to come out of their silos and work together more closely to support their organisations. This panel will bring together key thought leaders to explore how these two departments can communicate on their internal and external quandaries and best work as one.

Speakers Include:

Host: Jake Bernstein, CISSP, Partner, K&L Gates LLP, Cybersecurity and Privacy

Sally Barnard, Project Manager, Goldman Sachs

Daniel Ayala, Managing Partner, Secrati