Privacy and Cybersecurity Counselling

One practice area focus is privacy, data protection, and cybersecurity where Wendell guides companies on associated legal risks. He has extensive experience guiding clients on compliance with comprehensive privacy laws in California (CCPA/CPRA), Colorado (CPA), and Virginia (CDPA), and in Europe (GDPR).  He also regularly advises clients on compliance with industry sector-specific laws, international considerations, and best practices with respect to processing and securing employee data, marketing campaigns, vendor risk management, big data, biometric data, employee monitoring, online tracking, credit card and ACH payment processing, machine learning and artificial intelligence (AI), Internet of Things (IoT) and connected devices, and the metaverse. He helps companies implement and maintain privacy and data security programs, including drafting internal policies and procedures, performing privacy impact assessments, and designing online products and services to reduce legal risk. For example, he counsels clients on considerations for engaging AI services vendors on the one hand and advises AI developers on product and contracting issues.

Technology Transactions

Wendell also regularly advises clients on various technology and data deals, including data sharing arrangements, system interface/integration agreements, software licensing, software development, cloud (SaaS) services licensing, AI services agreements, data protection, and outsourcing. He also regularly counsels clients about the potential business and legal risks associated with a deal and the related contractual provisions.
For example, frequently providing both regulatory counselling and transactional advice together, Wendell focuses on helping clients implement the Information Blocking and Interoperability Rules under the 21st Century Cures Act. The rules significantly impact the exchange of patients’ electronic health information and the development of interoperable technology in the health care industry. Wendell combines his regulatory and transactional experience to advise providers, payers, and technology developers on their product development, regulatory compliance, and contracting strategy.

Data Breach Response

Managing and implementing incident response and crisis management efforts is a third primary area of focus.  Wendell’s advice frequently includes incident risk management, notification strategy, updating senior management, managing consultants (including forensics), drafting voluntary and legally required notices, and communicating with law enforcement and other government officials. He also regularly assists clients with the often-delicate communications, mitigation, and remediation strategy of incidents involving vendors.  He routinely helps clients handle data breach and cyber security incidents from start to finish.