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
Seven FBFK Attorneys Named to 2023 Texas Super Lawyers
We are proud to announce that shareholder/ attorneys Dan Baucum, Kelly Kubasta, Todd Shadle, Richard Spencer, Rachael Smiley, Steve Toland and Chris Williams have been selected to the distinguished 2023 Edition of the Texas Super Lawyers list.
FBFK Wins the Turnaround Management Association’s Small Company Turnaround of the Year Award for Pogo Energy, LLC
“We’re honored to receive this award and extremely proud of the Pogo Energy case outcome,” says Rachael Smiley. “It’s rare for a Chapter 11 debtor to reorganize under existing ownership and management – and without DIP financing.
How Chapter 11 Can Be a Deal-Making Space During Economic Disruption
Rachael Smiley discusses Chapter 11 deal opportunities to consider during economic disruption in this informative Q&A by D Magazine
FBFK Helps Usher in Global Angel Investor Network’s First Texas Chapter
FBKF took the early lead to encourage leaders of the Keiretsu Forum, a network of angel investor groups spanning over 50 chapters across four continents, to launch their inaugural Texas Chapter in Dallas-Ft. Worth.