Data Security and Privacy

Whether structuring and negotiating information technology asset transactions, ensuring compliance with the myriad state, federal, and international laws, regulations, and standards governing data security and privacy, counseling on social media issues, or responding to charges of unauthorized use or misuse of information, Dawda’s Information and Data Security Law team has the expertise and experience to provide clients with trusted counsel in this complex and constantly-changing area.

COMPLIANCE DOMESTIC

We have assisted clients across many industries in understanding and complying with laws and regulations governing information privacy and data security, with a particular emphasis on laws and regulations affecting the healthcare, consumer products and automotive industries. We understand that our obligation is to keep current with developments in these areas, and to keep our clients apprised of these developments.

INTERNATIONAL

Many of our clients have either multinational operations or regularly engage in cross-border transactions. We recognize that privacy and data security obligations extend beyond the United States, and have assisted several companies in identifying, understanding, and applying extraterritorial data security requirements. We have had recent specific focus on the EU-U.S. Privacy Shield Frameworks, and related impending May 2018 effectiveness of the European Union’s General Data Protection Regulation with its substantial penalty regime.

AUTOMOTIVE SAFETY

The rapid development of connected and autonomous vehicles brings data security to the forefront of automotive safety. National Highway Traffic Safety Administration (NHTSA) and others are keenly interested in the use of wireless information transmissions in conjunction with vehicle operations, and legitimately concerned respective safety issues posed by such transmissions. We are well-positioned to monitor regulatory and rule-making activities in this arena (as well as industry best practices), and are prepared to provide counsel to original equipment manufactures (OEMs) and suppliers pertaining to automotive data security.

BREACH RESPONSE AND RECOVERY

We have guided numerous clients through the data breach response and recovery process. We appreciate the factual nuances of each breach scenario, and pride ourselves on determining the most efficient and cost-effective methods for properly assessing and responding to a potential data breach. Whether we are dealing with Health Insurance Portability and Accountability Act (HIPAA), Payment Card Industry Data Security Standard (PCI DSS), Federal Trade Commission (FTC) laws and regulations, or state data breach notification laws, we offer clients counsel designed to minimize the consequences of a data breach.

INFORMATION TECHNOLOGY ISSUES AND MERGERS AND ACQUISITIONS

Within the last several years IT-related issues have really hit the radar screen in the mergers and acquisitions (M&A) world. This has resulted from both the general recognition of the critical importance of information systems in the functioning of a business. This in turn raises the specter of the target’s utilization of open source software in its systems or in the products it delivers to customers, as well issues surrounding the proper handling of electronic protected information.

Our information and data security lawyers work closely with our corporate and M&A lawyers on IT-based due diligence in acquisitions and divestitures. We are tuned in to the current relevant issues, and use a least common denominator approach to planning a due diligence strategy. We can help ensure that there are no hidden issues that could impair the post-closing functioning of a target’s IT systems, and can also help determine the best approach to managing any open source and data security and/or privacy issues that may exist.

EMAIL, TEXTING AND SOCIAL MEDIA POLICIES

All companies should have an appreciation of the issues associated with employee use of email, text messaging and social media. From acceptable use policies, to monitoring employee traffic to delivering effective training programs, we have the background and expertise to assist. Our goal is always to help our clients achieve best practice status.

Technology Licensing and Transfer

Our experiences and talented counsel represents clients in all facets of technology licensing and transfer—ensuring that all parties to these transactions have a clear understanding of the deal, and that it is properly documented.

Our representation spans the continuum of technology transfer transactions. We recommend early intervention to aid in developing an efficient and effective acquisition process. Well-defined objectives and expectations lead to full and accurate specifications. Full and accurate specifications lead to informed negotiations. Informed negotiations lead to comprehensive and unambiguous agreements. Comprehensive and unambiguous agreements lead to open and productive relationships. Open and productive relationships lead to deal satisfaction for all parties.

Our lawyers have practiced this philosophy in hundreds of technology transfer transactions. Our collective experience includes: