Practice Areas

Privacy & Cybersecurity Services

• Data Security Incident Response & Breach Management – Oversee the work of technical teams and assess legal impacts of data breaches and other cybersecurity incidents, undertake post-breach notifications, and address legal disputes with consumers, vendors, investors, insurers, business partners, and regulators that grow out of data security and privacy incidents.
• Policy Development – Develop legally sufficient and organizationally functional privacy and data security related policies, addressing the requirements of state and federal laws and regulations, as well as compliance with non-U.S. legal regimes, particularly the European Union’s General Data Protection Regulation (GDPR) and the post-Brexit UK GDPR.
• Incident Response Planning – Establish procedures, policies and practices for responding to, remediating and surviving a cyber attack, and integrating cybersecurity into business continuity plans.
• Cross-Border Data Transfers – Assist with the development of legal means to share data across international borders, particularly with EU nations and the UK.
• Security Risk Assessments – Work with technical experts to determine the most cost effective ways to decrease an organization’s digital risk profile.
• Contract Negotiation & Review – Assess, draft and negotiate privacy and cybersecurity related contract provisions, including clauses on limitation of liabilities and indemnification, which are critical components in vendor agreements and other contracts under a range of federal, state and non-U.S. legal regimes.

Litigation Services

• Litigation – Represent clients in range of court proceedings and arbitrations involving business disputes and employment matters, many of which involve technology agreements, post-data breach business-to-business disputes, theft of trade secrets, post-employment restrictions (non-compete and non-solicitation agreements), and matters involving unfair business practices and other business torts. Also represent owners and investors in disputes within closed corporations, partnerships and joint ventures.
• Digital Forensics – Provide assistance in a broad range of litigations and arbitrations that involve the collection and/or use of digital forensic evidence.
• E-Discovery Strategy & Management – Undertake all aspects of the e-discovery process for a variety of commercial litigations, arbitrations, administrative enforcement actions, and internal investigations.

Arbitration Services

In addition to work as an advocate in commercial arbitrations, serves as a neutral through the commercial, technology, and large complex case panels of the American Arbitration Association (AAA). Kent has conducted arbitration hearings as a member of three arbitrator panels and as a single arbitrator in disputes involving technology contracts related to the IT professional services and technology consulting, software development, Internet of Things (“IoT”), patent royalties, entertainment website content development, and e-commerce services. Other cases have involved disputes regarding trade secret misappropriation claims under the Uniform Trade Secrets Act, business email compromise/wire transfer fraud, investment fund limited partnership agreements, joint venture agreements, manufacture and sale of goods under the Uniform Commercial Code, attorney contingency fees, equipment leasing, and commercial financing agreements.