Wendell J. Bartnick

Emerging technology counseling

Wendell regularly serves as a trusted advisor for clients considering, selecting, deploying, and monitoring new technologies (such as services and tools that rely on artificial intelligence technology) used internally by the business or provided externally to customers, patients, and others. A common question he helps internal legal and compliance teams resolve, “The business wants to use this technology.  What is it and what are the critical risks and mitigation strategies we should consider?”

Privacy, cybersecurity, and consumer protection counseling

Wendell has extensive experience guiding clients on compliance with federal and state privacy and cybersecurity laws and guidance, industry requirements and best practices. He also commonly works with colleagues around the world to help unify diverse requirements to meet strategic and practical business objectives. His industry experience also enables him to see regulatory questions from various perspectives that can help with risk mitigation and benchmarking.  For example, he advises health care providers and payors, medical device and other digital health companies, pharma, and technology suppliers on all aspects of data collection, use, sharing, and security. This advice may involve sensitive data, such as biometric data, artificial intelligence tools built on large language models, online or ambient tracking and listening, and vendor risk management.

Technology and data commercialization strategy and agreements

Wendell regularly advises clients on various technology and data deals, including data sharing arrangements, system interface/integration agreements, software licensing, software development, cloud services licensing such as software as a service (SaaS), AI services agreements, and data protection terms. He also counsels clients about the potential business and legal risks associated with potential contract provisions and breaches.

Security breach preparedness, response, remediation, and follow-on regulatory scrutiny

Wendell routinely helps clients prepare for security incidents by advising on cybersecurity requirements and standards, engaging vendors (including handling privilege issues), drafting and revising incident response plans and playbooks, assisting with communications to senior management including the Board, and participating and leading training and practice exercises.  He also handles data breach and cybersecurity incidents from start to finish, which includes managing security incident risk, developing breach notification strategies, communicating with senior management, managing consultants (including forensics), drafting voluntary and legally required notices, and communicating with law enforcement and other government officials. Wendell has advised clients during post-breach regulatory investigations, particularly in responding to detailed data security questions from the Office of Civil Rights within the Department of Health and Human Services.

Wendell’s experience at the intersection of law and technology is critical for providing practical advice to assist organizations with achieving their compliance and commercialization objectives in a business-friendly manner.

Wendell is a Certified Information Privacy Professional/U.S. (CIPP/US) with the International Association of Privacy Professionals (IAPP).