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Cloud Computing 2017: Key Issues and Practical Guidance

 
Author(s): John P. Hutchins, Tanya L. Forsheit, Janine Anthony Bowen
Practice Area: Corporate & Securities, Intellectual Property, Privacy & Cybersecurity
Published: Jun 2017
PLI Item #: 185504
CHB Spine #: G1320

A Shareholder with LeClairRyan, Janine Anthony Bowen counsels clients in technology-related matters regarding cloud computing, mobile commerce, Internet & E-commerce, privacy & data security, intellectual property, and the licensing and acquisition of technology. She helps clients maximize the value of their technology and technology-related spend.

Janine is an engineer, and technologist, as well as an attorney. This unique blend of skills and experience gives her the ability to understand and collaborate with clients – on legal and business issues.

Over the years, Janine has developed an expertise advising her clients on negotiating technology-related deals with Fortune 500 companies. She has negotiated on her clients’ behalf, against notable companies such as Google, Microsoft, Oracle, GE, Expedia, American Express, and Disney, among others.

Her ability to achieve results stems from deep experience in drafting technology and intellectual property agreements and negotiating successful contracts across a broad array of business sectors. In those agreements, Ms. Bowen secures the most advantageous position for her clients, enabling them to preserve robust ownership rights and helping them to enjoy the highest possible return from licensing their technology.

She helps businesses resolve technology disputes and she advises them on strategies for solving a wide range of legal technology challenges. In addition to skillful negotiation, clients count on Ms. Bowen for intelligent technology analysis, cost control, strategic growth advice and thought leadership.

Her notable engagements include:

  • Serving as lead counsel for a $125M education technology and services business.
  • Serving as lead technology counsel on a $75 million ERP application management outsourcing.
  • Serving as lead counsel in the negotiation of $160 million and $50 million cloud services agreement between a provider of outsourced technology services and the provider’s client.

Before joining LeClairRyan, Janine founded JACK Attorneys & Advisors, a Technology Law boutique practice, and capped a more than decade-long practice in law by rising to partner at the Atlanta office of McKenna Long & Aldridge LLP. Before practicing law, she built a foundation for her career in technology. She worked as a senior software consultant for Accenture, as an industrial engineer at CIBA Vision and as a program manager for IBM, where she managed technology licensing agreements that generated global revenue exceeding $150 million a year.

Education

  • J.D., Georgia State University College of Law, 1998
  • M.S., Clemson University, 1991
  • B.S., Clemson University, 1989

Certifications/Other Credentials

  • Certified Information Privacy Professional/US, International Association of Privacy Professionals
  • Certificate, CloudU
  • Consumer Privacy Ombudsman, US Bankruptcy Trustee, Region 8

 


Widely considered one of the country’s top privacy and data security lawyers, Tanya Forsheit has advised on high-profile matters involving confidential data and other sensitive information for nearly 20 years.

Ms. Forsheit is Co-Chair of the Privacy & Data Security Group, and a partner in the Technology & Digital Media, Litigation, and Advertising, Marketing & Public Relations groups. She represents multi-national and emerging companies in the media, entertainment, consumer products, healthcare, technology and professional services industries, and serves as outside privacy counsel for numerous organizations. She counsels clients facing data security breaches and defends against allegations that they mishandled sensitive customer or employee information. She advises on the protection, storage and monetization of confidential data, including privacy policies, mobile apps, cloud computing, smart devices and data analytics. Ms. Forsheit has frequently appeared in federal and state court litigation, and has advised clients in matters before the Federal Trade Commission and California and other state Attorneys General.

Her representative matters include:

            Advised on hundreds of information technology deals and transactions on behalf of both service providers and enterprise purchasers, including due diligence for, and negotiation and drafting of terms for, cloud computing agreements involving the sharing of sensitive information and other IT outsourcing transactions;

            Counseled hundreds of clients on implementation of programs, policies and procedures for purposes of complying with applicable laws and best practices, including but not limited to international laws such as the forthcoming European General Data Protection Regulation (GDPR); federal laws like the Telephone Consumer Protection Act, the CAN-SPAM Act, the Children’s Online Privacy Protection Act (COPPA), and the Gramm-Leach-Bliley Act (GLBA); and state laws including California’s Online Privacy Protection Act (CalOPPA) and Shine the Light law and Massachusetts’ data security regulations;

            Represented clients across industry sectors in connection with more than 100 data security breaches involving consumer data, employee information and other sensitive information;

            Drafted and updated several hundred privacy policies for websites, mobile apps and smart devices, including wearable technology;

            Assisted dozens of organizations on application for EU-US Privacy Shield certification;

            Represented nearly a dozen clients in litigating and/or resolving disputes under the Telephone Consumer Protection Act, including successfully defeating class certification in December 2015 on behalf of a healthcare technology company in a privacy class action in which plaintiffs sought recovery of more than $40 million for alleged unlawful transmission of faxes relating to HIPAA compliance.

Chambers USA, IT Law Experts, Who’s Who Legal, and Super Lawyers have all praised Ms. Forsheit for her privacy, data security and technology work, and the Los Angeles Daily Journal has twice included her in its list of “Top Women Lawyers.” Ms. Forsheit lectures widely on technology law topics and has been quoted on privacy and data security in publications such as the Los Angeles Times, Forbes, ComputerWorld, Venture Beat, and Law360.

The International Association of Privacy Professionals (IAPP) has certified Ms. Forsheit as both an Information Privacy Professional (CIPP/US) and Privacy Technologist (CIPT). Ms. Forsheit is a past President of the Women Lawyers Association of Los Angeles; and is a member of the American Bar Association: Science and Technology Law Section; the Los Angeles County Bar Association: Entertainment Law and Intellectual Property Section (ELIPS), Executive Committee; and the California Bar: Business Law Section, Cyberspace Committee.

Ms. Forsheit graduated from Duke University (AB, cum laude, 1994) and the University of Pennsylvania Law School (JD, 1997). Prior to joining Frankfurt Kurnit, she was a partner with BakerHostetler, and a founding partner of InfoLawGroup LLP, one of the nation’s leading privacy and data security boutiques.


Primary Areas of Practice: 

John is the Atlanta office leader of LeClairRyan, where he represents businesses in all types of commercial litigation, and also in various types of transactions involving information technology, intellectual property and privacy and data security. He regularly advises clients on matters involving information technology, privacy & data security, outsourcing, e-commerce, the Internet and social media and cloud computing.  He is recognized by Best Lawyers in America as a leading lawyer in the area of Information Technology.  

Law School/Graduate School:  University of South Carolina