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Cloud Computing 2015: Key Issues and Practical Guidance

 
Author(s): Janine Anthony Bowen, John P. Hutchins, Tanya L. Forsheit
Practice Area: Corporate & Securities, Intellectual Property, Privacy & Cybersecurity
Published: Jun 2015
PLI Item #: 59126
CHB Spine #: G1229

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 counselors and litigators, 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. 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, SaaS, smart devices and data analytics. Ms. Forsheit has advised on more than 100 data security breaches and regularly appears 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 litigation matters include:

Successfully defeated class certification 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;

Defended a greeting card company in a putative class action alleging violations of the Telephone Consumer Protection Act (TCPA);

Represented online coupon company in John Doe litigation asserting claims under the Computer Fraud and Abuse Act and the Digital Millennium Copyright Act for illegal scraping of company’s website content;

Won preliminary and permanent injunction and prevailed on summary judgment on behalf of online gaming company as plaintiff in Lanham Act and Anti-Cybersquatting Act lawsuit;

Successfully defended third party administrator in several suits alleging invasion of privacy and breach of medical confidentiality in violation of California’s Confidentiality of Medical Information Act — including a dismissal under California’s anti-Strategic Lawsuits Against Public Participation (“SLAPP”) statute;

Defended text-messaging software platform in purported class actions asserting platform users violated the TCPA by allegedly failing to obtain consent to send marketing text messages.

In addition to her privacy and data security practice, Ms. Forsheit advises on intellectual property matters, and she has represented motion picture studios and television networks in copyright litigation.  She also has experience in antitrust matters, representing a cable company in a purported class action alleging a tying arrangement.

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 Litigators." 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.

She is certified as an information privacy professional by the International Association of Privacy Professionals (IAPP). 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.

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