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European Court of Justice Strikes Down Safe Harbor: What It Means for Transatlantic Businesses


Speaker(s): Jonathon Little, Michael G. Morgan, Paloma Bru, Undine von Diemar
Recorded on: Oct. 22, 2015
PLI Program #: 163870

Jonathon Little's practice focuses on technology, outsourcing, and other high-value commercial projects. He advises customers and suppliers on a full range of transactions, including IT, BPO and other types of outsourcing deals, telecoms transactions, network service arrangements, IT licensing, systems and software acquisitions, e-business, framework agreements and other procurement structures, agency and distribution agreements, and other commercial contracts. He also has extensive experience in data protection and privacy, cyber security, and e-commerce rules.

Jonathon has a particular focus on large outsourcings, including IT, network, telecoms, BPO, and other arrangements, as well as strategic IT procurements. He has led outsourcing projects in the insurance, technology, aerospace, banking, and manufacturing sectors.

Representative clients include AstraZeneca, Brit Insurance, Celgene, EADS, Legal & General, Procter & Gamble, Racal Acoustics, Ryder, State Street Bank, and Tech Mahindra.

Jonathon is recommended as a leading lawyer for outsourcing and IT work by Chambers and for IT and telecoms by The Legal 500. Before qualifying as a lawyer, he worked as a systems consultant with Andersen Consulting.

Education

  • Bristol University (Diploma in Intellectual Property Law and Practice 1994); The College of Law, Chancery Lane (Law Society Finals with first class honours 1991; Common Professional Examination with commended pass 1990); Oxford University (B.A. in Philosophy, Politics and Economics Upper Second Class Division One with honours 1988)

Bar Admissions

  • Solicitor of the Senior Courts of England and Wales

Experience Highlights

Areas of Focus


Michael G. Morgan represents clients in class actions, litigation and other matters involving cybersecurity, privacy, and protection of consumer and business data. He is co-leader of the Firm’s Privacy and Data Protection practice.

With more than 20 years’ experience in data security and privacy matters, Michael advises clients on cyber incident preparation, prevention and response; compliance with US and EU laws and regulations; completion of enterprise-wide cybersecurity assessments; and data security policies and best practices. He has particular experience in advising clients on large-scale data breaches, including those involving more than 50 million consumer records, both in the US and in dozens of countries around the world.

Michael is a seasoned trial lawyer who has first-chaired numerous jury and bench trials and has resolved scores of cases through mediation and other forms of Alternative Dispute Resolution. He has deep experience in the defense of consumer class actions and government investigations by the FTC, CFPB, FCC, and state attorneys general relating to data security and privacy. Before joining his prior firm, Michael was vice president and general counsel of Epic Cycle, a web app development company.

Michael is a Certified Information Privacy Professional (CIPP/US) by the International Association of Privacy Professionals (IAPP).

Core Capabilities

Regional Markets


Dr. Undine von Diemar advises international companies on information technology and data protection law and unfair competition and trademark law matters. She drafts and negotiates complex agreements relating to cloud computing services, IT outsourcings, cross-border technology licenses, and other technology projects. She also advises on international data transfer issues and data protection compliance projects.

Undine practiced as a counsel in the IP, media, and technology group at an international law firm in Munich before joining Jones Day. She has experience representing clients in litigation proceedings (injunction and main proceedings), particularly unfair competition disputes that have a technical background, and in disputes concerning failed IT projects. In addition, she advises on IT and IP legal issues in M&A transactions.

Undine has advised salesforce.com in numerous customer negotiations and data protection law matters and a leading manufacturer of insulation material in various unfair competition law disputes.

Undine is a member of the German Association for the Protection of Intellectual Property (GRUR) and the German Association of Law and Informatics (DGRI). While in law school, Undine won the Wolf-Rüdiger-Bub Award for her doctoral thesis on digital copying for private use.

Education

University of Michigan (LL.M. 2005; German Academic Exchange Service [DAAD] and The Rotary Foundation scholarships recipient); University of Potsdam (Doctorate degree 2002; Friedrich-Ebert-Foundation scholarship recipient); Second State Examination (Niedersachsen, 2004); First State Examination (Berlin-Brandenburg, 1999); University of Potsdam and Humboldt University of Berlin (Law studies, 1994-1999; Friedrich-Ebert-Foundation scholarship recipient)

Bar Admissions

Federal Republic of Germany

Experience Highlights

  • OHB AG obtains €250 million unsecured revolving credit facility
  • Nordson acquires Kreyenborg Group's polymer processing companies
  • XAnge Private Equity acquires stake in Studitemps
Areas of Focus
  • M&A
  • Intellectual Property
  • Licensing & Technology Transactions
  • Privacy & Data Security
  • Outsourcing

Honors & Distinctions

  • Chambers Europe 2014: recommended as a "leader in the field" in the area of TMT: Information Technology (set apart by her "combination of excellent legal knowledge and practical, usable responses to questions")
  • JUVE 2012/2013 and 2013/2014: recommended for IT law ("excellent expertise")

Languages

  • German and English
  • View biography in German


Paloma Bru's practice focuses on advising Spanish and foreign companies on local and international telecommunications, privacy, and new technologies issues. She provides a full spectrum of services and advice to clients in relation to the establishment of telecommunications networks, preparation of public bids, corporate transactions, relations with regulatory institutions, and formulation of allegations and appeals with respect to norms and legislation governing the sector. She is also very active in privacy matters, where she advises companies in their adaptation to Spanish data protection laws as well as representing them in claims regarding this subject. Paloma leads the TMT practice in the Madrid Office.

Her recent work includes advising Jazztel in a claim against Vodafone España regarding their publicity (television spots and online publicity) for their ADSL services and Colt Telecom in several claims regarding premium services. She also advises on a regular basis such clients as France Telecom, Iberbanda, IECISA, Outservico, and Prosegur, among others.

Paloma is a professor of data protection at the San Pablo CEU University and teaches courses on telecommunications and privacy at the IEB. She is also a professor of telecommunications matters at Instituto de Empresa and Carlos III University.

Education

University of Comillas-ICADE of Madrid (Master's in Telecommunications Law 1999; Law Degree 1997)

Bar Admissions

Madrid

Experience Highlights

  • Orange (France Telecom) sells Dominican Republic assets to Altice for $1.42 billion (€1.05 billion)
  • Grupo HIMA awarded three out of six hospitals
  • Ahlstrom and Munksjo form and list the world's No. 1 specialty paper producer
Areas of Focus
  • Government Regulation
  • Antitrust & Competition Law
  • Privacy & Data Security

Honors & Distinctions

  • Chambers Europe (2009-2012)
  • PLC Which lawyer? (2010-2012)
  • The Legal 500 EMEA (2007-2013)

Languages

  • English, Spanish
  • View biography in Spanish