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, hospitality, healthcare, travel, energy, retail 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? How will your data, or limiting access to it, be viewed by antitrust and consumer protection agencies? 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.
More »

Professionals

Name Title Office Email
Associate San Francisco
Partner Atlanta
Partner New York
Partner Atlanta
Associate San Francisco
Partner Dallas
Partner Atlanta
Associate San Francisco
Partner New York
Partner Orlando
Associate Atlanta
Partner Orlando
Counsel Philadelphia
Partner Washington, D.C.
Partner Washington, D.C.
Partner Philadelphia
Partner San Francisco
Partner New York
Partner Costa Mesa
Patent Attorney Philadelphia
Associate New York
Partner Washington, D.C.
Partner 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 Global
    • Privacy & Data Security (USA) (2014 to 2021)
    • Privacy & Data Security: Healthcare Spotlight Table – Nationwide (2018 to 2021)
  • Chambers Fintech
    • Legal – USA (2018 to 2020)
  • Chambers USA
    • Advertising: Transactional & Regulatory – Nationwide (2018 to 2020)
    • Privacy & Data Security – Nationwide (2013 to 2020)
    • Privacy & Data Security: Healthcare Spotlight Table – Nationwide (2018 to 2020)
  • Chambers USA Award: “Privacy & Data Security Team of the Year” finalist (2015, 2017)
  • The Legal 500 United States
    • Media, Technology and Telecoms: Advertising and Marketing: Transactional and Regulatory (2018 to 2020)
    • Media, Technology and Telecoms: Cyber Law (2016 to 2020)
    • Media, Technology and Telecoms: Data Privacy and Data Protection (2016 to 2020)
  • Law360: Privacy "Practice Group of the Year" (2013 to 2015, 2018)

Blog Posts

Blog

In The Blogs

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Data Counsel
Welcome to the Digital Transformation and Data Economy Newsletter – May 2021 Issue
By Chad A. Rutkowski
May 28, 2021
At the heart of digital transformation is disruption. That doesn’t always mean the kind of “disruption” that is the darling of VCs and technology blogs. Sometimes, it just means chaos. The sudden influx of software and data issues to a...
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Data Counsel
Seventh Annual Data Security Incident Response Report Released – Disruption and Transformation
By Theodore J. Kobus III
April 29, 2021
Welcome to our seventh Data Security Incident Response Report (DSIR). It has been quite a year from many perspectives. Thank you to everyone we have continued to partner and work with to create this report. We are excited to soon launch a...
Read More ->
Data Counsel
Welcome to the Digital Transformation and Data Economy Newsletter – April 2021 Issue
By Jeewon K. Serrato
April 27, 2021
Across the economy, businesses are using digital technology to pivot into innovative service lines, accelerate growth and transform their businesses altogether. These businesses’ digital strategies and data assets play important roles in...
Read More ->
Data Counsel
Welcome to the Digital Transformation and Data Economy Newsletter – March 2021 Issue
By Jerel Pacis Agatep, Jeewon K. Serrato
March 26, 2021
Across the economy, businesses are using digital technology to pivot into innovative service lines, accelerate growth and transform their businesses altogether. These businesses’ digital strategies and data assets play important roles in...
Read More ->
Data Counsel
New Taxes on the Digital Economy: A Closer Look at the New York Data Tax Proposal
By Foram Dave, Matt Hunsaker, Jeewon K. Serrato
March 24, 2021
Over the last year, state and local governments have proposed a variety of novel taxes on the digital economy, including taxes on digital advertising and social media platforms. Two factors have motivated these proposals: (1) closing...
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