We help clients maximize their data revenue opportunities while mitigating legal risk. Our advice is practical, and our clients count on us to foresee and optimize data opportunities and find solutions to their data problems, including:

• Counsel clients on ways to monetize the data they hold
• Provide “privacy by design” advice for new products and services
• Counsel clients on understanding the privacy implications and regulatory issues at play when designing, interacting with or acquiring so-called “smart” products
• Draft consumer, employee and b2b privacy notices, and disclosures
• Draft and negotiate contracts or specific provisions in contracts to address data processing, data security, data collection and data sharing issues (domestic and international)
• Perform due diligence of information assets in business transactions
• Conduct privacy audits and data mapping
• Track new regulatory developments at the state, federal, and, when necessary, international levels
• Advise clients on how industry trends and new regulatory protocols may affect their use of personal information, including California Consumer Privacy Act (CCPA), COPPA, and GDPR.
• Counsel clients with the development and implementation of privacy compliant ecommerce and mobile marketing campaigns

Technology

We negotiate and counsel clients on agreements for all types of online and technology transactions and service provider arrangements, including:

• Cloud computing agreements (SaaS and Application Service Providers) representing both vendors and customers
• Professional services agreements for the implementation of licensed technology
• Ecommerce and software licensing agreements (including hosting and service level agreements for the same)
• Outsourcing – (including negotiating all aspects of the definitive agreement and schedules (SLAs), representing both vendors and customers)
• Software development agreements (including, enterprise level, mobile application and website development)
• Terms of use applicable to use of web sites, apps, platforms, subscription agreements, etc.
• End-user license agreements for third party use of software– EULAs (e.g. “shrink wrap” licenses, “browser wrap” or “click-through”)
• Email service provider agreements
• Arbitration provisions in consumer contracts
• Handling material changes to online consumer contracts