Big Data

We help clients grow their business, leverage data, and navigate rapidly changing regulations to stay one step ahead of the competition.

Our approach

Companies are finding a growing number of ways to use internal and external data to their advantage. We’re seeing a wave of inexpensive analytic tools that are dramatically changing the way in which clients attract customers and analyze operations. Health care providers are leveraging data to improve patient outcomes. Location-based marketing is happening in real-time. Everything is in the cloud. Across many industries, effective use of big data no longer just supports other company assets—the data itself has become a prime asset.

While other law firms take a narrow view of big data, focusing strictly on data privacy issues, we take a holistic and cross-disciplinary approach, helping clients navigate regulations and maximize commercial opportunities.

With our focus on the use, protection, and monetization of big data, we advise clients on a range of issues including transactions and commercial agreements, patent prosecution, data privacy, data security, and breaches, litigation, consumer privacy issues, and trade secrets policies related to data usage.

Who we work with

  • Technology companies and investors
  • Hospitals and health care providers
  • Life sciences companies
  • Energy companies
  • Financial services companies
  • Retailers and consumer product companies

Representative Experience

  • Advising a leading big data consulting firm on labor and employment, and general corporate matters.
  • Advising a variety of large corporate entities on practices related to the mining, use, and disclosure of big data, including customer and employee information.
  • Facilitated a settlement for recruiting software maker Taleo Corporation after two days of jury trial in federal court in a patent infringement case brought by Kenexa, its main competitor. The patent related to technology for extracting information to populate a database. The settlement resolved multiple disputes between the companies. Kenexa BrassRing, Inc. v. Taleo Corp. and Vurv Technology, Inc. (D. Del.)
  • Handling patent prosecution work on behalf of one of the world’s leading search engines.
  • Represented regional health information organizations (RHIOs) and statewide health information exchanges (HIEs), advising them on the organization and collaboration of stakeholders to form a RHIO and HIE, corporate formation and governance, privacy and security issues, and implementation of electronic prescribing and interoperable electronic health records.

  • Representing as outside general counsel the Rhode Island Quality Institute (RIQI), a statewide health information exchange and the only entity in the U.S. to receive all three federal grants devoted to health information exchange (the Beacon Communities Grant, the Health Information Exchange grant, and the Regional Extension grant).
  • Representing one of the world’s largest enterprise software companies, as well as a number of large retailers and e-tailers, in a patent infringement case filed by a non-practicing entity. IP Law 360 has referred to this case as “the largest current patent troll litigation.” GeoTag, Inc. v. Frontier Communications (E.D. Tex.)

ANALYSIS | 42 CFR Part 2 Rules Changes a Welcome Sign for Many Providers

Behavioral Healthcare Executive | July 22, 2020

This story features New York City Health Care associate Jena Grady for her outlook on the Department of Health & Human Services’ Substance Abuse and Mental Health Services Administration’s final rule to 42 CFR Part 2 relating to substance use disorders.

More Changes Ahead for Substance Use Record Sharing Law

Bloomberg Law | July 22, 2020

This story features New York City Health Care associate Jena Grady for her outlook on the Department of Health & Human Services’ Substance Abuse and Mental Health Services Administration’s final rule to 42 CFR Part 2 relating to substance use disorders.

Unwanted pre-recorded calls don’t violate TCPA

Massachusetts Lawyers Weekly | January 23, 2020

This article mentions Manchester Complex Commercial Disputes partner Dan Deane and Boston Complex Commercial Disputes associate Troy Lieberman, who earned a favorable ruling on behalf of defendant Boston Scientific in a class action suit alleging violations of the Telephone Consumer Protection Act.

FTC steps up actions against VoIP providers to abet scammers

Rochester Business Journal | January 17, 2020

In his latest monthly column, Rochester Corporate partner Jeremy Wolk analyzes a recent action by the Federal Trade Commission to crack down on VoIP providers who turn a blind eye to their clients’ unlawful telemarketing practices. Washington, DC, Complex Commercial Disputes associate Brian Donnelly and Rochester Complex Commercial Disputes associate Zach Osinski contributed to the article.

Keep up with laws developing to protect our consumer data

Rochester Business Journal | November 15, 2019

In the latest installment of his monthly column, Rochester Corporate partner Jeremy Wolk analyzes state-level legislation aimed at enhancing consumer privacy rights and protections, similar to the European Union’s General Data Protection Regulation. Rochester Corporate associate Jenny Holmes contributed to the column.

Read fine print on cyberthreat coverage

Providence Business News | September 26, 2019

Providence Complex Commercial Disputes partner Steven Richard is quoted in this article about how more Rhode Island businesses are purchasing insurance to protect against the fallout from potential data breaches.

What makes you work harder? Strap on a sensor and find out

Boston Globe | July 16, 2019

In this story, Rochester Corporate associate Jenny Holmes discusses privacy concerns raised by employers who are leveraging wearable devices such as fitness trackers to learn more about workplace productivity.

How to contact your customers without getting sued

Bloomberg Law | June 11, 2019

San Francisco Complex Commercial Disputes partner Karl Belgum wrote this contributed article explaining that businesses need to perform a self-assessment of the risks of automated customer contact, given the FCC’s failure to clarify the scope of the Telephone Consumer Protection Act.

Attorneys watch cross-border issues

Buffalo Business First | June 10, 2019

In this article, Buffalo Complex Commercial Disputes counsel Ben Dwyer discusses how Canada’s approach to data privacy differs from the United States’, and how that impacts cross-border sharing of consumers’ personal information.

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