Marketplace Risk Conference 2022

Legal strategy for marketplace and sharing economy startups

As a law firm known for its innovative solutions, Seyfarth harnesses its collective knowledge, experience, and relationships to forge a path for the “Future of Work.”

Seyfarth Sessions

Our team of subject matter experts is proud to join the roster of speakers at the conference.

When: Tuesday, May 17, 1:00PM-1:30PM

Where: Room A

Speaker: Jason Priebe, Partner, eDiscovery & Information Governance

Privacy seems to be the topic on everyone's mind, especially with CCPA and other state laws. Unless and until there is a national privacy law in the US, platforms have to comply with a patchwork of laws. And in the EU, platforms have to comply with GDPR. And states are working together to target platforms - so you won't want to miss this!

More information here 

When: Tuesday, May 17, 1:35PM-2:05PM

Where: Room B

Speakers: Phillip Ebsworth, Associate, Labor & Employment; Pamela Vartabedian, Partner, Labor & Employment 

It's no secret that worker classification laws are changing - California has enacted AB5, the federal government is debating the PRO Act, and various other states are following suit. So how exactly are marketplaces supposed to continue operating in this climate? Join this session to learn more about the risks of 1099'ing your entire platform and ways that you can successfully leverage contractors in today's regulatory environment.

More information here

When: Tuesday, May 17, 2:45PM-3:15PM

Where: Room A

Speaker: Kristina Launey, Partner, Labor & Employment

This session will provide legal and technical background, tips, and strategies to help businesses spot (and manage!) risks, and share best practices, associated with providing websites, mobile apps, and other digital technologies that are accessible to individuals with disabilities.

More information here 

When: Tuesday, May 17, 3:55PM-4:25PM

Where: Room C

Speaker: Kathleen McConnell, Partner, Commercial Litigation

Bias in AI occurs when results cannot be generalized widely. We often think of bias resulting from preferences or exclusions in training data, but bias can also be introduced by how data is obtained, how algorithms are designed, and how AI outputs are interpreted. This session will explore the ethical considerations when leveraging AI.

More information here 

When: Wednesday, May 18, 10:35AM-11:05AM

Where: Room D

Speaker: John Tomaszewski, Partner, Privacy & Cybersecurity

Risk management can seem like a vague and abstract concept. As young founders and executive teams, often your experience with risk management and insurance is quite limited. So, when it comes time to structuring your risk management program and buying insurance for your marketplace, where do you start? What organizational priorities should you consider? What insurance policies do you need? And, when should you implement them. Join this session to learn the basics and where to start from pros who counsel marketplaces on a daily basis.

More information here 

When: Wednesday, May 18, 1:35 PM-2:05 PM

Where: Room C

Speakers: Pam Devata, Partner, Labor & Employment; Kristina Launey, Partner, Labor & Employment

This session will cover risks when platforms collect various data points about customers and users. If you are collecting age, gender, vaccination status or any other information, be sure to join this session!

More information here

When: Wednesday, May 18, 2:10PM-2:40PM

Where: Room A

Speakers: Ameena Majid, Partner, ESG / Employee Benefits; Giovanna Ferrari, Partner, ESG / Securities & Financial Litigation

As ESG continues its momentum in the marketplace, companies need to understand and tailor ESG to its organization to meet the ever-growing demands by various stakeholders. During this session, we will discuss how emerging GIG companies can leverage an ESG framework to create impact and value, regardless of its stage in its lifecycle, in a manner that balances risk and opportunity.

More information here 

When: Wednesday, May 18, 3:20PM-3:50PM

Where: Room A

Speaker: Pam Devata, Partner, Labor & Employment

Background checks are great tools to understand the criminal history of users on your platform. In fact, background checks are one of the most common ways that platforms convey trust. But there are risks to leveraging background checks, especially when not used in compliance with state and federal laws. Join THE background check and Fair Credit Reporting Act expert for a deep dive into background check risks and benefits.

More information here 

When: Wednesday, May 18, 5:05PM-5:35PM

Where: Room C

Speakers: Bradley Doucette, Associate, Labor & Employment; Steven Erkel, Associate, Labor & Employment

The Private Attorneys General Act (PAGA) deputizes private individuals to step into the shoes of California’s Labor Commissioner and file representative lawsuits on behalf of the State of California. PAGA cases can be quite different from class actions, and it is important for those in the marketplace and sharing economy to understand what PAGA is, how it is enforced, and how the marketplace and sharing economy can be uniquely impacted by it. During this session, we will update marketplace companies on PAGA developments including the pending U.S. Supreme Court decision in Viking River Cruises, Inc. v. Moriana, and provide tips for navigating this workaround to workplace arbitration and typical class action procedures.

Speaker Q&A

How does gig economy/marketplace tie into your practice?

Background checks are a crucial part of risk mitigation for most gig economy and marketplace companies.  My practice focusses on compliance and litigation defense as to how to comply with the law and navigating the myriad of local, state and federal laws relating to conducting background checks.


Pam Devata
Labor & Employment

Question:

What do you foresee as the biggest upcoming challenge to gig economy/marketplace clients related to your practice area?

Employers can expect to see a renewed challenge to the enforceability of arbitration agreements and electronically signed arbitration agreements following the US Supreme Court’s decision in Viking River Cruises, Inc. v. Moriana expected later this summer.

Phillip Ebsworth
Labor & Employment
I expect that the increasing pervasiveness of AI in the candidate identification and application progress, as well as in workforce management and more general HR tools, coupled with the somewhat black box nature of some such tools is likely to create challenges for clients.
Kathleen McConnell
Commercial Litigation
As remote work continues to expand, employers need to ensure they are in compliance with the employment laws in the various jurisdictions where workers are located.
Pam Vartabedian
Labor & Employment

Question:

In relation to your field, how do you see the gig economy/marketplace landscape changing in the near future?

The businesses within this landscape can be a leader in integrating flexibility of work with well-being of its workforce and contributing to reduced inequalities in line with UN SDG goal 10.
Giovanna Ferrari
ESG / Securities & Financial Litigation
It will move from logistics and virtual work into the “assembly line” market vertical. 3D printing will allow the disintermediation of the assembly line and this will create both amazing opportunities as well as significant quality issues. Soon, everyone can have a mini-parts machine shop in their garage and the larger OEMs can start to outsource to gig workers a lot of the “printing” of smaller parts (e.g. gears, connectors, fasteners, etc.).
John Tomaszewski
Privacy & Cybersecurity

Question:

What is the best advice you would give to a potential gig economy/marketplace client who is coming to you for guidance on your topic?

Design, code, and maintain all your websites, apps, and platforms with accessibility in mind, and have back up alternate means of communication.  Even if you may have a legal argument that the law does not require them to be accessible, it’s much easier to build it in on the front end then to add it in later.
Kristina Launey
Labor & Employment
When embarking on an ESG pathway, go on the offense. Focus first on the organization’s purpose and why it exists as the guidepost for ESG decision-making and second on impact for all stakeholders and society.
Ameena Majid
ESG / Employee Benefits
Gig Economy companies who have customers or employees in California, or who collect and manage information regarding more than 50,000 consumers or households need to be aware of their existing and future privacy law obligations. In addition to data security concerns, many states regulate the use, sale and disclosure of certain categories of information, and outline specific consumer rights and obligations on the part of companies.
Jason Priebe
eDiscovery & Information Governance