Kyle R. Gregory

Associate

Atlanta
T +1.404.459.4218
F +1.404.459.5734

Overview

Named "One to Watch" by Best Lawyers in America® for the past two years, Kyle Gregory advises clients across a variety of sectors on technology and data privacy matters, with a focus on the complex issues which arise at the intersection of healthcare and technology and privacy.

Kyle is a pragmatic professional, experienced in helping clients with the acquisition and commercialization of technology without sacrificing their other, often equally important, obligations or objectives, such as ensuring the privacy and security of their information.

Select Experience

Healthcare Technology
  • Advised clients across the healthcare sector on a variety of healthcare regulatory compliance issues, including compliance with the Health Insurance Portability and Accountability Act (HIPAA) 42 CFR Part 2 (Federal Confidentiality of Substance Use Disorder Patient Records), state privacy and security laws, disposition of reproductive tissues and federal research requirements.
Technology/Digital Transformation
  • Advised clients in the procurement of software and related vendor services, including serving as the lead associate in negotiating and drafting several technology agreements exceeding $400 million in total value. Agreements have included software as a service (SaaS), managed services, hosting, licensing, complex data use, data center leases and software development agreements.
Data Privacy
  • Assisted global healthcare company with the creation of streamlined Data Processing Agreements to address EU, Canadian, and US data privacy and security laws.

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Experience

Healthcare Technology
  • Advised clients across the healthcare sector on a variety of healthcare regulatory compliance issues, including compliance with the Health Insurance Portability and Accountability Act (HIPAA) 42 CFR Part 2 (Federal Confidentiality of Substance Use Disorder Patient Records), state privacy and security laws, disposition of reproductive tissues and federal research requirements.
  • Advised a global multibrand company seeking to enter the telehealth space in the development and launch of a white-labeled telehealth platform, including counseling on data ownership strategies, negotiation of platform agreement and drafting multiple contracts for client’s provision of the platform to customers.
  • Advised clients regarding healthcare technology issues, including EHR licensing and implementation, patient portals, mobile health, data collection and ownership, de-identification and compliance with Department of Health and Human Services interoperability requirements.
  • Advised a global medical device and pharmaceutical client on a variety of privacy and licensing issues surrounding their medical device software offerings.
  • Represented large health system in the drafting and negotiation of a participation agreement for access to healthcare analytics platform used to collect, organize and analyze cancer care data, including advising client on numerous issues around collection and ownership, de-identification, privacy and security of data.
Technology/Digital Transformation
  • Advised clients in the procurement of software and related vendor services, including serving as the lead associate in negotiating and drafting several technology agreements exceeding $400 million in total value. Agreements have included software as a service (SaaS), managed services, hosting, licensing, complex data use, data center leases and software development agreements.
  • Advised a Fortune 500 financial services client in the negotiation and acquisition of $150 million cloud services.
  • Counseled a global multibrand restaurant company on the deployment of a global remote audit solution for quality control in more than 30 countries, including the navigation of data protection compliance issues and the drafting and negotiating of the agreements necessary to license the audit solution and the professional services agreements with the vendor providing the auditing services.
  • Advised a diversified outsourcing services client in the acquisition of an enterprise SaaS based CRM solution, including negotiating the agreements necessary to license the solution from the vendor and the professional services agreements with the third-party implementor.
  • Assisted private equity-backed restaurant franchise company client in the acquisition of $35 million cloud services.
  • Served as lead associate in the negotiation of a $10 million cloud services agreement for a public utility client.
  • Advised a Fortune 500 food manufacturing client with revising its technology procurement strategy including drafting a form Master Services Agreement to address SaaS, hosting, licensing, and software development issues.
  • Served as lead associate for SaaS vendor client in the negotiation and drafting of several multimillion-dollar software services agreements for client’s customers and their franchisees.
  • Advised a Fortune 500 general building materials company in its development and provision of SaaS based solutions in the auto-collision repair industry.
  • Counseled a global multi-brand restaurant company in the execution of its digital telecommunications strategy, including issues around data ownership, data privacy, end user liability and implementation of brand-based pricing methodologies.
Data Privacy
  • Assisted global healthcare company with the creation of streamlined Data Processing Agreements to address EU, Canadian, and US data privacy and security laws.
  • Counseled clients on compliance with U.S. state and federal privacy laws, including the Family Educational Rights and Privacy Act (FERPA), the California Consumer Privacy Act (CCPA) and preparing for the new California Consumer Privacy Rights Act (CCPRA) and assisting clients with designing and implementing information governance and privacy compliance programs.
  • Advised healthcare clients regarding privacy and security regulatory compliance issues associated with genetic privacy, data de-identification, off-shoring and inter-jurisdictional transfers of personal data, and security risk assessments.
  • Provided healthcare litigation funding client with a 50-state analysis of the relevant privacy and security regulatory landscape tailored to client’s specific business model.
  • Advised clients in the healthcare sector on data privacy and security incidents, including conducting internal investigations and responding to investigations from the HHS Office of Civil Rights.

Recognitions and Memberships

Recognitions

  • The Best Lawyers in America® (2021 to present)
    • “Ones to Watch” Georgia: Health Care Law

Memberships

  • Atlanta Life Sciences & Healthcare Group, Steering Committee
  • Georgia Bar Association: Health Law Section
  • Georgia HIMSS

Community

  • Atlanta Volunteer Lawyers Foundation

Emerging Issues

Prior Positions

  • Georgia State University School of Public Health: Regulatory Science Fellow (2014 to 2016)

Admissions

  • Georgia

Education

  • J.D., Georgia State University College of Law, 2014, Latin Honors, cum laude, American Bar Association Award for Health Law
  • M.S.H.A., Georgia State University J. Mack Robinson College of Business, 2014
  • B.A., History, Georgia State University, 2011

Blog

In The Blogs

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Data Counsel
Compliance and Cybersecurity Best Practices Rewarded with HIPAA Safe Harbor
By Vimala Devassy, Sara M. Goldstein, Kyle R. Gregory
January 13, 2021
On January 5, 2021, H.R. 7898 was signed into law with little fanfare, thereby amending the Health Information Technology for Economic and Clinical Health Act.[1] As the healthcare industry continues to serve as one of the top targets for...
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Data Counsel
Welcome to the Digital Transformation and Digital Economy Newsletter, January 2021 Issue
By Kyle R. Gregory, Theresa M. Weisenberger
January 12, 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 ->