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.)

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.

Is a ransomware attack a reportable data breach?

Providence Business News | April 26, 2019

Providence Complex Commercial Disputes partner Steven Richard authored this column about ransomware attacks and how businesses should respond, including considering whether the ransomware attack is reportable or subject to notification requirements.

State AGs at odds over Google privacy pact at high court

Law360 | September 05, 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 | June 30, 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 07, 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 15, 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 16, 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 12, 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 04, 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 27, 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 19, 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 16, 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 12, 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.

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