Digital Transformation and Data Economy

Overview

Digital transformation is the use of digital technology by businesses to solve business problems, increase efficiency, boost productivity or develop new products and services. In a rapidly evolving and competitive landscape, businesses are looking to disrupt or enter new markets by using technologies as diverse as Internet of Things (IoT), 3D printing, artificial intelligence (AI), data analytics, blockchain, cloud computing, innovative uses of data, predictive analysis and robotics. The transformation may be as apparent as a non-software company creating a software division, or as subtle as enhancing customer experience by acquiring marketing insights using data algorithms.

For certain sectors, such as the technology, software and communications industries, digital transformation is a powerful driver of innovation fueling their strategy, vision and mission. For others, such as financial services, healthcare, energy and even manufacturing, data monetization and the new economy of connected things may be disruptive. Some may be further along than others in embracing digitization.

Companies are looking to pivot into innovative service lines, accelerate growth, shed a business division or completely exit the business. Understanding how digital strategy and data assets can shape your corporate roadmap can have a measurable impact on your employees, your customers and your bottom line.

Do you have the internal resources and skill sets to manage and maximize these opportunities? Do you know what questions to ask about IP ownership, vendor collaborations or cloud-based solutions? How do you calculate the value of your data assets and protect them from unauthorized access, use or transfers? It’s vital to not only understand the legal and regulatory environment but also to have the right team with the expertise and experience when you are entering uncharted waters. If you are positioning for what’s beyond the horizon and looking for your North Star, we can be your crew that moves the ship forward.

The BakerHostetler Digital Transformation and Data Economy team can help you determine where your opportunities and vulnerabilities lie and design a plan to manage, protect and leverage digitization and data assets. Identifying unique value propositions and addressing strategic and legal issues proactively are key to sustained success.

Our multidisciplinary team provides a 360-degree view on risks and opportunities by solving legal problems involving intellectual property, technology transactions, tax, corporate formation, regulatory matters, consumer privacy, cybersecurity and more.

Our attorneys have helped clients in many industries leverage technology and data to do more, move faster and engage better with their customers. As part of our industry-leading Digital Assets and Data Management and Intellectual Property Groups, our industry experience includes:

  • Communications
  • Energy
  • Financial Services
  • Healthcare
  • Hospitality
  • Life Sciences
  • Manufacturing
  • Professional Services
  • Retail
  • Software
  • Technology
  • Utilities

Select Experience

  • Counseled a large healthcare plan and provider company on data ownership and IP protection strategies.
  • Counseled a global multibrand restaurant company in structuring its next generation telecommunications strategy, including issues around data ownership, data privacy and use of multibrand pricing methodologies as a funding mechanism for future growth.
  • Counseled a casualty and property insurance company in development and ownership strategies for a software platform used for monitoring adverse site conditions for construction and property owner insureds.
  • Advised a Fortune 500 general building materials company in development and execution of digital and internet strategy for provisioning software and cloud-based solutions for the auto-collision repair industry.
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Professionals

Name Title Office Email
Partner Atlanta
Partner New York
Partner Atlanta
Associate San Francisco
Partner Atlanta
Partner Orlando
Associate Atlanta
Partner Orlando
Partner Washington, D.C.
Partner Philadelphia
Partner San Francisco
Partner Costa Mesa
Partner Washington, D.C.
Associate Atlanta

Experience

Technology
  • Counseled a U.S.-based public company with global operations in 100 countries in the design and launch of a new e-commerce business division.
  • Advised a German-based multinational company in developing a consumer-facing mobile application that collects and sells data analytics.
  • Conducted data mapping and advised a Japan-based multinational company on the collection, use and transfer of biometric data for law enforcement and commercial purposes.
  • Advised an American multinational e-commerce corporation on CCPA issues.
  • Advised an American online payments company on CCPA issues.
Healthcare
  • Counseled a large healthcare plan and provider company on data ownership and IP protection strategies.
  • Counseled a large pharmaceutical and consumer health corporation in software user experience ownership and infringement issues.
  • Negotiated a complex three-way data analysis agreement between a healthcare cost management consortium, healthcare plan providers and IBM regarding use of Watson in optimizing healthcare costs.
  • Conducted an audit of a client’s business practices to identify IP in a technology firm enabling population health management, and designed best practices for IP development and management.
Hospitality
  • Counseled a global multibrand restaurant company in structuring its next generation telecommunications strategy, including issues around data ownership, data privacy and use of multibrand pricing methodologies as a funding mechanism for future growth.
Insurance
  • Counseled a casualty and property insurance company in development and ownership strategies for a software platform used for monitoring adverse site conditions for construction and property owner insureds.
Manufacturing
  • Advised a Fortune 500 general building materials company in development and execution of digital and internet strategy for provisioning software and cloud-based solutions for the auto-collision repair industry.
  • Counseled a manufacturing machinery producer on issues associated with the potential acquisition and deployment of a software company as a stand-alone new service line.
Professional services
  • Advised a leading national professional services firm on IP ownership and confidentiality issues associated with potential commercialization of homegrown client service offerings as cloud-based client service solutions.
Utilities
  • Counseled a publicly traded water utility company in its development of enterprise software, data analysis and machine learning technologies for operational and water-quality enhancements, including implementation of IP capture, enforcement, and licensing practices and protocols.

Recognition

  • BTI Cybersecurity Powerhouse (2020)
  • BTI CyberSavvy Law Firm (2020)
  • Chambers USA: Advertising: Transactional & Regulatory (2018)
  • Chambers Global: Privacy & Data Protection (USA) (2014 to 2020)
  • Chambers USA: Nationwide Privacy & Data Security (2013 to 2019)
    • Chambers USA Privacy and Data Security - Healthcare Spotlight Table (2018 to 2019)
    • Chambers USA Award: “Privacy & Data Security Team of the Year” finalist (2015, 2017)
  • Chambers Fintech: Legal – USA (2018 to 2019)
  • The Legal 500 United States (2016 to 2019)
    • Media, Technology and Telecoms: Data Privacy and Data Protection, Tier 1
    • Media, Technology and Telecoms: Cyber Law, Tier 2
  • Law360: Privacy "Practice Group of the Year" (2013 to 2015, 2018)
  • The Legal 500 United States: Media, Technology and Telecoms - Advertising and Marketing: Transactional and Regulatory, Tier 2 (2018)
  • Recognized as one of the top law firms for client service, BakerHostetler was named to the 2020 BTI Client Service 30 for the sixth consecutive year.

Publications

Blog

In The Blogs

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Data Privacy Monitor
CCPA Compliance Meets Trade Secret Protection: A Peaceful Coexistence?
By Alan L. Friel, C. Dennis Loomis, Jeewon K. Serrato, Catrina W. Wang
May 12, 2020
Since the California Consumer Privacy Act (CCPA) went live on January 1, 2020, businesses have been working to develop procedures for lawfully complying with requests from California consumers relating to their personal information. Such...
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Data Privacy Monitor
Privacy Litigation in the Age of Coronavirus
By Justin R. Donoho, Paul G. Karlsgodt
May 11, 2020
Now that new cases of COVID-19 appear to be waning in the United States, those of us stuck in our homes are asking the same question: How long before things get back to normal? The answer from epidemiologists appears to be no time soon, as...
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Data Privacy Monitor
Positioning for What's Beyond the Horizon: What Digital Transformation and the Data Economy Mean for You
By Janine Anthony Bowen, Chad A. Rutkowski, Jeewon K. Serrato, Theresa M. Weisenberger
May 8, 2020
BakerHostetler’s new Digital Transformation and Data Economy Team (DTDE) is presenting a four-part webinar series in May where attorneys will cover legal implications surrounding COVID-19 for business leaders. Panelists, including in-house...
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AD-ttorneys Law Blog
Maryland and Other States Weighing Taxes on Digital Ads
By Edward J. Bernert, David D. Ebersole, Gerald J. Ferguson
May 7, 2020
On March 18, the Maryland General Assembly passed the first state gross revenue tax directed at digital advertising, which is broadly defined to encompass any advertising appearing on a website, mobile app or any similar digital platform...
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Data Privacy Monitor
Sixth Annual Data Security Incident Response Report Released – Managing Enterprise Risks and Leveraging Data in a Digital World
By Theodore J. Kobus III
April 30, 2020
We are excited to present our sixth Data Security Incident Response Report (DSIR). We hope this issue finds you safe and healthy while working from home (WFH). Each year, we talk about last year’s trends and where we think the current year...
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