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.)

State AGs at odds over Google privacy pact at high court

Law360 | September 06, 2018

This article mentions Complex Commercial Disputes partners Chris Mason, Sarah André, Dan Deane and Seth Horvath as counsel for The New York Bar Foundation and The New York State Bar Association in an amicus brief—filed with the United States Supreme Court—in support of the approval by a California District Court, and the Ninth Circuit, of Google’s settlement involving a “cy pres” remedy in a privacy-related case.

Cybersecurity and benefits plans: The next front in the ongoing battle to protect personal information

Confero | July 01, 2018

Rochester Corporate group associate Jenny Holmes contributed this article to the quarterly magazine for Westminster Consulting, discussing why benefit plans are inviting targets for would-be data thieves, and what plan administrators need to do to protect personal data.

European Union law on data protection takes effect

Rochester Business Journal | June 08, 2018

Rochester corporate group partner Jeremy Wolk and associate Jenny Holmes co-wrote this contributed article on the introduction of the General Data Protection Regulation, “a set of tougher rules designed to give European Union citizens more control over their personal data.” The regulation applies to all organizations, regardless of location, that handle the personal data of EU citizens.

DC Circuit Delivers Relief, but Not Clarity, with TCPA Ruling

Law360 | March 16, 2018

Boston IP litigation associate Troy Lieberman is quoted in this article explaining how the DC Circuit Court’s ruling on the FCC’s telemarketing rules will provide some relief for businesses.

Three shady—and all too common—things that digital health startups do to make money

CNBC | November 17, 2017

Los Angeles health care partner Jill Gordon, who this article identifies as a “top lawyer” in the digital health space, provides in-depth commentary regarding the three common practices she’s seen among health technology startups that may violate medical regulations and what companies should be aware of to avoid costly penalties.

What businesses need to know about the Internet of things

WJAR-TV (Providence NBC affiliate) | July 13, 2017

Providence commercial litigation counsel Steven Richard is interviewed in this television segment about what steps companies can take to better secure their data and be less vulnerable to hacking.

Failure to respond dooms robocall lawsuit against tech university

Bloomberg BNA | June 05, 2017

Manchester commercial litigation partner Dan Deane is quoted in this article about a matter involving a Telephone Consumer Protection Act (TCPA) case against Colorado Technical University.

Read fine print on learning apps, experts warn

Education Week | March 28, 2017

Chicago IP litigation associate Jason Kunze is quoted in this article about safeguarding student data privacy in online educational apps.

Employees' smartphones threaten company security

Rochester Business Journal | January 20, 2017

Chief Information Officer Mike Green and Rochester labor and employment associate Jenny Holmes are quoted in this article about data protection issues surrounding bring your own device policies.

HIPAA spotlight: key stats from a banner year

Law360 | January 17, 2017

This article recaps HIPAA stats and highlights from the past year. Chicago health care partner Valerie Montague is quoted throughout discussing privacy breaches and how health care organizations react.

No immunity from cyberattacks and data breaches in 2016 and beyond

Rochester Business Journal | January 13, 2017

Rochester private equity and investment funds partner Jeremy Wolk and labor and employment associate Jenny Holmes co-authored this column about cyber security. The column provides an overview of the risks and potential legislative changes that could help small businesses and tips for creating a privacy policy.

Clinton and Trump and Robocalls, Oh My

Bloomberg Law | July 15, 2016

This feature story looks what political campaigns should know about robocalls. Boston IP litigation associate and TCPA practice co-leader Troy Lieberman discusses the apparent lack of FCC enforcement actions against political campaigns.

Ransomware is Rampant & Your Risk Analysis Might Save You

Health Information Compliance Alert | June 01, 2016

Providence commercial litigation counsel Steven Richard is quoted in this article focused on the results of a new study highlighting a new trend toward specialized data breach insurance policies.

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