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Data Privacy and Security

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 and Security Team

Our Data Privacy and Security 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 and Security Matters

News & Events

FBFK ATTORNEYS HONORED BY 2023 THE BEST LAWYERS IN AMERICA©

FBFK ATTORNEYS HONORED BY 2023 THE BEST LAWYERS IN AMERICA©

FBFK attorneys honored in this year’s edition of Best Lawyers in America©, a report based solely on peer review and the “gold standard” in the legal industry. Dan Baucum, Kelly Kubasta, Richard Spencer and Kenn Webb have been recognized among their peers worldwide for expertise in their respective practice areas. Additionally, Rachael Smiley and Ryan Marrone were recognized as “Ones to Watch.”

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