Celebrating 125 Years
 
Technology, Privacy and Data Security
Jackson Walker's Technology, Privacy and Data Security group comprises attorneys from several traditional practice areas, including Intellectual Property (IP), Transactions, Litigation, and Labor law who work together as a dynamic, multidisciplinary practice group offering superior legal services for modern business transactions. Our attorneys recognize that our clients face technology-related issues in a growing number of situations at the point where many different legal disciplines converge. We have the experience to address all aspects of these complex transactions. The firm's Corporate & Securities, Financial Services, and Tax attorneys provide services ranging from organization and capitalization of start-up companies to counsel on tax, employee/employer relations, acquisitions, divestitures, and initial public offerings for ongoing concerns. The group has provided counsel to and handled litigation for clients on issues involving technology licensing, distribution, software and website development, trade secrets, time share contracts, antitrust, employment agreements including covenants not to compete, and trademark, copyright, and other proprietary rights protection.

Furthermore, the group draws from the experience of our Internet/E-Commerce group with their extensive practice that provides clients with expertise in all aspects of the Internet including linking and framing, portal development, application service provision, security, site usage jurisdiction, privacy, taxation, and various other Internet-focused issues. The firm has both the resources and the commitment to respond to the rapidly changing business climate to meet our clients' needs cost-effectively. Regardless of whether the client is a start-up or a traditional bricks and mortar operation, we have considerable experience developing technology strategies and providing creative solutions to complex technology impacted relationships. The firm's Biotechnology group provides top quality services to all companies specializing in the commercialization of biotechnology and biomedical science. Our Telecommunications group provides representation in business transactions, regulatory proceedings, and litigation affecting the telecommunications industry.

Our Technology, Privacy and Data Security group provides a holistic approach to business matters with a technology component, and our experience is far reaching, including:

  • Inbound and Outbound Technology Licensing including Software Licensing Agreements, Software Installation and Maintenance Agreements, Value Added Reseller Agreements and Consulting Service Agreements

  • Application Service Provider (ASP) Agreements

  • Website Policies and E-Commerce and Electronic Transaction Agreements including Terms of Use Agreements, Privacy Policies, and Electronic Signatures (Click-Wrap, Clickthrough, and Browsewrap Agreements)

  • Domain Name and Cyber-squatting Issues

  • Hosting Agreements and ISP Agreements

  • Joint Development, Partnering and Joint Venture Agreements with a technology focus

  • Investment in Technology Companies including Securities Issuance through both Public Offerings and related SEC Compliance Work and Private Equity Offerings

  • Acquisition or Disposition of a Technology Companies and their Assets and Intellectual Property and Due Diligence in connection with Acquisitions and Licensing

  • Technology Insurance Coverage (hacker, ecommerce, etc.)

  • Software Development, Protection and Licensing; Database Protection and Licensing; Trade Secret Protection and Licensing.

The group also advises clients on a wide range of privacy issues, including data security and regulatory compliance; commercial transactions that implicate or focus on the use of personal information; formulation of responses to security breaches and inadvertent disclosures of personal information relating to employees or customers; web site and online privacy issues including complying with U.S. privacy laws such as the Children's Online Privacy Protection Act (COPPA) and implementation of privacy policies and training programs. We assist clients regarding privacy issues that arise out of business transactions (mergers and acquisitions, joint ventures and co-branding arrangements). Our clients include telecommunications networks, entertainment companies and content providers, hardware and software companies, healthcare providers and health plans, payment systems providers, and retailers. We also have many attorneys who have served for multiple years on the Committee on E-Commerce for the Texas Bar Association's Business Law Section, including service on the special committee on privacy and security issues, which watches national trends and advises the state legislature as to the Bar's recommendations on certain pieces of legislation.

Data Security and Privacy

Jackson Walker has substantial experience guiding clients through data privacy related issues. We work with our clients in their development of policies related to data collection from their customers and development of appropriate privacy policies. Additionally, we guide clients on other privacy issues, including data security and regulatory compliance; commercial transactions that implicate or focus on the use of personal information; best practices for information handling; formulation of responses to security breaches and inadvertent disclosures of personal information relating to employees or customers; and implementation of privacy policies and training programs.

We also assist clients regarding privacy issues that arise out of business transactions (mergers and acquisitions, joint ventures and co-branding arrangements), and we work with our clients in navigating these issues as they negotiate their relationships with outside service providers such as managed hosts, software or portal vendors and payment processing services. For example, we have substantial experience assisting clients with negotiating the necessary terms to meet their Sarbanes-Oxley requirements for internal controls of data.

Finally, many of our clients strategically use outbound online marketing, and we assist them with these projects and all related compliance obligations. For example, we have advised clients with respect to the collection and use of personal information in the context of promotional contests and other direct marketing campaigns and compliance on a 50-state basis with contest regulation. We have also guided clients through the adoption of social media policies for their employees and incorporation of user-generated content in their web media, equipping them to get the message out without violating applicable regulations such as securities laws and Federal Trade Commission Guidelines and addressing intellectual property and other risks. Finally, we work with clients in the adoption and evolution of their document management policies so that they can continue to be current with regulations, requirements and best practices for privacy, e-discovery, and document retention.

Our clients include both public and private retailers, content providers, hardware and software companies, and payment systems providers. We also have many attorneys who have served for multiple years on the Committee on E-Commerce for the Texas Bar Association's Business Law Section, including service on the special committee on privacy and security issues, which watches national trends and advises the state legislature as to the Bar's recommendations on relevant of legislation. We also have extensive relationships internationally to assist our clients in compliance with privacy and data security regulations in other jurisdictions.

Our lawyers are viewed as insightful and pragmatic resources to practitioners and businesses alike and are regularly asked to speak on issues related to data protection, data hosting and management, and document retention, as highlighted by recent presentations to the Association of Corporate Counsel and the State Bar of Texas as well as the number one Google-ranked HIPAA blog, from Jackson Walker partner Jeff Drummond, addressing not only the privacy of health care information, but also trends in other privacy laws.
 
 
© 1999 - 2014Jackson Walker L.L.P. · All Rights Reserved · Unless otherwise noted, attorneys not certified by the Texas Board of Legal Specialization.