Data Privacy, Security, Compliance
As our world becomes increasingly digital – and legal compliance increasingly critical – it’s more important than ever to have guidance from experienced data privacy and security experts who fully understand the legal implications of this ever-evolving landscape. Those seeking counsel can partner with our seasoned team led by FBFK Shareholder/Data Privacy & Security Attorney Jenifer Mcintosh.
Our team can provide legal compliance and practical implementation expertise in a number of areas, including privacy, cybersecurity, Internet, intellectual property, and consumer protection laws, including litigation and government investigations. We help businesses establish best practice policies that set-up an organization for long-term success and stability. And although we think prevention is the best defense, should the need arise, our team will fight to protect the right to privacy and security.
With a particular focus on business use and protection of digital assets, our team is well versed on legal issues related to pharmaceutical trials, healthcare research, international data transfers, big data storage, tech agreements, social media, mobile applications, cybersecurity, online tracking and analytics, and software development.
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Our Data Privacy, Security, & Compliance Team
Our Data Privacy, Security, & Compliance Practice
Practice Areas
The breadth of our capabilities and experience in defending and protecting privacy and security includes:
Cybersecurity and Data Privacy
- Data processing agreements
- Cross-border data transfer requirements (SCCs, GDPR)
- GDPR (General Data Protection Regulation) & UK DPA/GDPR compliance
- US State law privacy & breach reporting compliance, for now: CCPA/CPRA, CPA, VCDPA, UCPA, CTDPA
- ISO, NIST, SANS 20 implementation and processes
- Cyber and privacy compliance implementation
- Product & Privacy by Design, including software development, app design, UX interface, training
- Analytics & Big Data governance, privacy by design and due diligence in mergers and acquisitions, venture finance and capital raising
- Children’s Privacy, namely GDPR & COPPA, FERPA and state law requirements, edTech and parental consent requirements
- Employee data privacy compliance
Technology Transactions
- License agreements
- Data Processing Agreements/Addendums
- Joint development agreements
- SaaS (Software as a Subscription) agreements
- Software licenses
- Software development agreements
- End User License Agreements (EULA)
- Master & Service Level Agreements (MSA/SLA)
- MSP & Cloud Computing Agreements
- Distribution agreements
- Reseller agreements
E-Commerce and Websites
- Website terms of use/terms of service
- Website privacy policy
- Domain name disputes (UDRP – Uniform Domain Name Dispute Resolution Policy)
- DMCA Take-Down Notices
- CAN-SPAM, PECR, CASL Compliance
- Preference Center and UX Interface compliance
- Dark Patterns and Deceptive Design avoidance
- Advertising law
Intellectual Property Enforcement and Litigation
- Patent infringement
- Copyright infringement
- Trademark infringement
- Counterfeiting & brand enforcement
- Brand development
- Computer Fraud and Abuse Act litigation
- Trade secret misappropriation
- Technology contract disputes
- License disputes
Representative Data Privacy, Security, & Compliance Matters
News & Events

FBFK Business Litigation Attorney Ryan Marrone Named to 2023 Edition of Super Lawyers’ Texas Rising Stars
For the third consecutive year, Ryan Marrone, business litigator with the FBFK Law Firm, has been selected to the distinguished Super Lawyers’ Texas Rising Stars list – 2023 Edition.

The ITC Says Product Improvement is an Unpatentable Abstract Idea
Ted Fay and Brandon Williams offer practical advice when approaching patent claims in light of recent decisions, and explain why certain inventions cannot be patented, no matter how brilliant, as a matter of public policy.

In Texas Lawyer: FBFK’s Dana Campbell on Ruling in Favor of Physicians Against Nationwide Lender Balboa Capital in $11.5M Case
In a March 9, 2023 story in Texas Lawyer entitled “This Ruling in an $11.5M Case Could Affect a ‘Sea of Filings’ in Multiple States,” Litigation Reporter Adolfo Pesquera details the significant impact of this week’s ruling by Chief Judge Barbara Lynn of the U.S. District Court for the Northern District of Texas in favor of a group of physicians against Balboa Capital Corporation, a nationwide equipment finance lender. With interest and late fees, Balboa was seeking more than $11.5 million from the physicians.

Jenifer McIntosh Speaks at Dallas AFP Event
FBFK Data Privacy, Security & Compliance Shareholder/Attorney Jenifer McIntosh recently spoke at a meeting of the Dallas Association for Financial Professionals about the state of data security and privacy in the industry.