Privacy Governance and Technology Transactions

Overview

Strong, proactive privacy governance and technology strategy is vital to every business today. Our national team counsels clients on how to reduce or eliminate risk through rigorous review of policies that may pose privacy and security risks, as well advises on strategic acquisitions of technology.

We work with the key personnel who have responsibility for privacy and security and for technology infrastructure, including chief information and privacy officers, marketing team leaders, compliance officers, finance leaders and in-house legal teams. Our incident response experience and regulatory knowledge mean we are uniquely qualified to examine both internal and privacy governance policies. Our deep understanding of technology positions us to advise clients regarding the best practices for technology transactions, including negotiating agreements regarding cloud services and technology infrastructure as well as data ownership and other key issues that arise when companies do business together.

Regulatory Defense

We advise clients on how to develop and maintain consumer privacy programs. In addition, we help clients assess privacy impacts and employ privacy by design to balance commercial and consumer interests and to craft transparent, accurate and customer-friendly notices regarding data practices.

Our deep experience and relationships with state attorneys general and other regulatory officials allow us to deal efficiently with investigatory inquiries, often resulting in positive dispositions, including the conclusion of investigations without any charges being brought.

Our experience encompasses:
  • California Consumer Privacy Act (CCPA) and other state privacy laws.
  • General Data Protection Regulation (GDPR).
  • Attorney General privacy investigations related to data collection and use.
  • Data localization and retention laws.
  • The Children’s Online Privacy Protection Act (COPPA).
  • Gramm Leach Bliley Act (GLBA).
  • Telephone Consumer Protection Act (TCPA) and Controlling the Assault of Non-Solicited Pornography and Marketing Act compliance.
  • Federal Trade Commission matters.
  • The Fair Credit Reporting Act. (FCRA).
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Technology Contracts
  • Our team has a well-grounded understanding of transactions involving the use, licensing, acquisition and commercialization of data and technology. We review, negotiate and draft agreements and agreement provisions regarding:
  • Cloud computing.
  • Data ownership and data protection.
  • The PCI Data Security Standard and protected health information.
  • Service level agreements.
  • Software.
  • Hardware.
  • Mobile data and commerce.
  • E-commerce.
  • Back offices and infrastructure.
  • Outsourcing.

We handle agreements involving all forms of cloud service (SaaS, IaaS, PaaS), video game development, mobile apps, music distribution, geolocation, payment processing, fraud prevention, data analytics and digital advertising.

In addition, as companies everywhere undergo digital transformation, our team offers guidance on where opportunities and vulnerabilities lie and assists in designing plans to manage, protect and leverage your digital assets, including Big Data, predictive analysis, machine learning, robotics, the Internet of Things (IoT), and voice, text and vision recognition.

GDPR and CCPA

We provide comprehensive advice regarding the EU’s General Data Protection Regulation (GDPR) and the new California Consumer Privacy Act (CCPA), including:

  • Compliance readiness assessments.
  • Compliance program development and implementation.
  • Inventory data and mapping data flows.
  • Privacy and data security assessments to prepare for the impact of the private right of action arising from security incidents.
  • Risk management.
  • Tracking legislative and regulatory developments.
  • Vendor contract drafting and review.
  • Identifying, engaging and managing IT consultants and solutions.

Select Experience

Privacy Governance
  • Counseled hundreds of companies on developing, implementing and maintaining privacy programs and complying with applicable data protections laws, including the CCPA.
  • Representing the interests of multiple clients in the digital advertising sector while working with the Internet Advertising Bureau to help develop a policy framework, multiparty agreement and technical signal program that will allow publishers and advertisers to integrate their CCPA “do not sell” requests with internet-based advertising technologies.
Technology Transactions
  • Representing an insurance company in its multimillion-dollar multiparty cloud and software services agreements.
  • Supporting a large healthcare system as lead technology and intellectual property counsel; advising the organization in more than $50 million worth of technology acquisitions.
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Professionals

Name Title Office Email
Associate New York
Partner Atlanta
Counsel Denver
Associate Costa Mesa
Partner New York
Partner Atlanta
Partner Cleveland
Partner Atlanta
Partner Atlanta
Associate New York
Associate New York
Partner New York
Partner New York
Partner Los Angeles
Partner New York
Associate Atlanta
Partner Atlanta
Partner Seattle
Partner New York
Associate Seattle
Associate Los Angeles
Associate Los Angeles
Partner New York
Partner Philadelphia
Partner New York
Associate Atlanta
Partner Philadelphia
Partner New York
Partner Washington, D.C.
Associate New York
Partner Cincinnati
Associate Los Angeles
Associate Atlanta
Partner Washington, D.C.

Experience

Privacy Governance
  • Counseled hundreds of companies on developing, implementing and maintaining privacy programs and complying with applicable data protections laws, including the CCPA.
  • Representing the interests of multiple clients in the digital advertising sector while working with the Internet Advertising Bureau to help develop a policy framework, multiparty agreement and technical signal program that will allow publishers and advertisers to integrate their CCPA “do not sell” requests with internet-based advertising technologies.
  • Advising numerous clients regarding compliance with international data transfer restrictions and data localization requirements. Additionally, we developed and implemented GDPR compliance programs for U.S. and international organizations, including applicability analysis, data mapping, data transfer mechanisms, consent mechanisms, “right to be forgotten,” data security assessments, breach response programs, the selection of Data Protection Officers and employee training.
  • Served as lead privacy counsel to a cutting-edge healthcare funding provider; provided a 50-state analysis of the privacy landscape for the company.
Technology Transactions
  • Representing an insurance company in its multimillion-dollar multiparty cloud and software services agreements.
  • Supporting a large healthcare system as lead technology and intellectual property counsel; advising the organization in more than $50 million worth of technology acquisitions.
  • Acting as lead counsel to a minerals and material solutions provider, evaluating and mitigating the risks of third-party installation of IoT tracking technologies for assets management.
  • As privacy counsel to a global public relations and earned media software company, led the organization through multiple acquisitions of portfolio companies and conducted privacy diligence for a number of transactions.
  • Advised a healthcare customer-relationship management company on commercial transactions and the development of a privacy and data strategy, navigating HIPAA compliance and regulations.

Recognition

  • Chambers Global: Privacy & Data Protection (USA) (2014 to 2019)
  • 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)
  • 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.

News

News

Press Releases

Publications

Blog

In The Blogs

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Data Privacy Monitor
Entering the ’20s – A New Era for Data Breach Class Actions?
February 21, 2020
As we move into a new decade, it has become clear that data breach litigation is here to stay. Last year brought us several incremental developments in the data breach litigation landscape but no paradigm shift in the way data breach class...
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Data Privacy Monitor
Powerful Protection: The Healthcare Privacy and Compliance Team
February 13, 2020
The following story is one in a six-part series devoted to the pioneering teams that comprise the firm’s new Digital Asset and Data Management Practice Group. A prime example of BakerHostetler’s preeminence in the legal industry is on...
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Data Privacy Monitor
The Privacy Governance and Technology Transactions Team
By Janine Anthony Bowen, Melinda L. McLellan
February 7, 2020
The following story is one in a six-part series devoted to the pioneering teams that comprise the firm’s new Digital Assets and Data Management Practice Group. A prime example of BakerHostetler’s preeminence in the legal industry is on...
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Data Privacy Monitor
Version of Proposed CCPA Regulations Available
By Alan L. Friel
February 7, 2020
On February 7, 2020 the California Attorney General published a second version of the proposed regulations to implement the California Consumer Protection Act available here. A redline against the first draft is available here. A new...
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Data Privacy Monitor
Following SCOTUS Cert Denial, Facebook Settles BIPA Case for $550 Million
By Melinda L. McLellan, Kamran Salour
January 31, 2020
One decision, two far-reaching effects. This aptly describes the Supreme Court’s Jan. 21, 2020, decision to deny Facebook’s writ of certiorari in Patel v. Facebook Inc. The Supreme Court’s denial represents the latest setback in Facebook’s...
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