Privacy and Data Protection – Information Technology

Overview

We focus our work for the IT industry on technology transactions, in addition to our usual comprehensive range of privacy and data protection services. We handle vendor contracts, mergers and acquisitions, and agreements involving the ownership, usage, transfer, and sharing of data, as well as a significant number of cloud computing deals for enterprise purchasers and cloud service providers. Our clients include: Web, software, and app developers; social game publishers; companies involved in the cloud, SaaS, platform usage, data analytics, network security solutions, advertising technologies and payment processing: and companies involved in Website, mobile app, and video game development.

Select Experience

  • Conducting due diligence and negotiating more than 150 cloud computing transactions on behalf of both cloud service providers and enterprise purchasers, including Software as Service (SaaS), Platform as a Service (PaaS), and Infrastructure as a Service (IaaS).
  • Developing contract programs for technology service providers, including their master services agreement as well as a framework for negotiating revisions with their customers.
  • Providing guidelines to clients in assessing cloud computing risks, including indemnification and limits of liability.
  • Developing and assessing Service Level Agreements (SLAs) in various settings, addressing issues such as business interruption and customer service.
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Experience

  • Conducting due diligence and negotiating more than 150 cloud computing transactions on behalf of both cloud service providers and enterprise purchasers, including Software as Service (SaaS), Platform as a Service (PaaS), and Infrastructure as a Service (IaaS).
  • Developing contract programs for technology service providers, including their master services agreement as well as a framework for negotiating revisions with their customers.
  • Providing guidelines to clients in assessing cloud computing risks, including indemnification and limits of liability.
  • Developing and assessing Service Level Agreements (SLAs) in various settings, addressing issues such as business interruption and customer service.
  • Facilitating the development and implementation of best practices to protect clients’ interests when purchasing and using cloud computing services.
  • Analyzing internal information governance requirements to mitigate cloud computing risks.
  • Developing internal and public-facing policies for responding to government access requests (pursuant to the Electronic Communication Privacy Act and other applicable laws) and addressing consumer privacy concerns in connection with the same.
  • Assessing and advising on international data transfers in the cloud and beyond under the European Data Protection Directive and other non-U.S. laws.
  • Advising technology service organizations on the development of predictive analytics technologies to provide fraud prevention and detection and digital marketing services consistent with applicable laws, FTC guidance, and best practices.
  • Advising traditional brick-and-mortar companies on the development of big data services in the business-to-consumer and business-to-business context based on the aggregation of consumer data.

Recognition

  • Chambers USA: Nationwide Privacy & Data Security (2013 to 2018)
    • Chambers USA Privacy and Data Security- Healthcare Spotlight Table (2018)
  • Recognized as one of the top law firms for client service, we were named to the 2018 BTI Client Service 30 for the fourth consecutive year.

Publications

Key Contacts

Blog

In The Blogs

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Data Privacy Monitor
New Mexico Attorney General Is Turning Up the Heat on Enforcement of Data Privacy Laws
September 18, 2018
With the announcement last week of its new lawsuit against several tech companies for violating Children’s Online Privacy Protection Act (“COPPA”), the FTC Act, and New Mexico’s Unfair Practices Act (“UPA”), the State of New Mexico Office...
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Data Privacy Monitor
Is a New Federal Data Privacy Law on the Horizon? The Tech Industry Sure Hopes So
September 17, 2018
Despite several failed attempts in recent years, there is a new effort underway to enact a federal data privacy law, and it’s being led by a somewhat unlikely source – the tech industry. Although they were resistant to a federal privacy...
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Data Privacy Monitor
The Weekly Privacy Rewind
By Aaron R. Lancaster
September 10, 2018
Class Actions Hotel Investment and Management Firm Aimbridge Hospitality LLC Removes Putative Class Action to Federal Court • Hospitality company Aimbridge Hospitality LLC (Aimbridge) removed a putative class action lawsuit by a former...
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Data Privacy Monitor
California Amends Landmark Privacy Law Delaying Enforcement and Making Revisions
By Alan L. Friel, Niloufar Massachi
September 5, 2018
With only hours left to the 2018 legislative session, the California Legislature has amended the California Consumer Privacy Act of 2018 (CCPA) by passing SB-1121. The legislature was expected to amend the CCPA, which passed in just about...
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Data Privacy Monitor
The Weekly Privacy Rewind
By Aaron R. Lancaster
September 5, 2018
Class Actions San Francisco Transit Agency Seeks Approval of Class Action Settlement • Bay Area Rapid Transit (BART) sought preliminary approval of a class action settlement to resolve claims that the transit agency’s mobile app secretly...
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