1. Clients
1.1. Information Technology
1.1.1. Freudenberg IT (FIT)
1.1.2. De-CIX
1.1.3. Hermann & Lenz Services
1.1.4. Archon-Meridian
1.1.5. Loyalty Partner
1.2. Automotive
1.2.1. Porsche
1.2.2. Linde & Wiemann
1.2.3. Kessler Axles
1.3. Biotechnology
1.3.1. Miltenyi
1.3.2. Molecular Health
1.4. Manufacturing
1.4.1. OSRAM
1.4.2. MAS Tools
1.4.3. Freudenberg Sealing Technologies (FST)
1.4.4. Silikal
1.5. Retail
1.5.1. Fendi
2. Implementing effective corporate compliance programs
3. Representative Matters
3.1. Corporate Compliance
3.1.1. Data Privacy
3.1.1.1. International Data Transfer
3.1.1.1.1. Developed and implemented international data transfer mechanisms (BCR, ESCC, Privacy Shield) for German SAP-certified global provider of hosting and cloud services with offices in U.S., Mexico, Hungary, and China.
3.1.1.1.2. Provided overview of U.S and EU privacy law (with focus on transatlantic data transfer) to German SAP consulting firm in preparation for U.S. roadshow.
3.1.1.1.3. Advised global computational biomedicine company focused on big-data capture, curation, integration and analytics on transatlantic data transfer.
3.1.1.1.4. Advised German biotech company on whether U.S. subsidiary could transfer personal information to Germany and process personal information relating to Canadian citizens.
3.1.1.2. HIPAA
3.1.1.2.1. Determined that CSP met definition of "business associate"under HIPAA and conducted security risk assessment and gap analysis re: its maintenance of ePHI.
3.1.1.2.2. Advised global computational biomedicine company focused on big-data capture, curation, integration and analytics on HIPAA compliance.
3.1.1.3. Telematics, Geolocation, and Behavioral Advertising
3.1.1.3.1. Advised German automotive company on U.S. data privacy law (telematics, behavioral advertising, geo-location) in connection with the global development of a "connected car services app" for use with Apple and Android mobile devices.
3.1.1.4. Employee Privacy
3.1.1.4.1. Advised German SAP provider on requirements regarding employee privacy under North Carolina and Massachusetts law.
3.1.1.4.2. Provided overview of data privacy issues, with focus on collection and use of HR data, to German manufacturer of complex structural steel systems seeking to open a U.S. assembly operation.
3.1.1.5. Digital Marketing
3.1.1.5.1. Advised German biotech company on U.S. data privacy laws (esp. CAN-SPAM) re: digital marketing (esp. newsletters).
3.1.1.6. E-Discovery
3.1.1.6.1. Advised German company on interaction between EU data protection law and U.S. e-discovery rules in context of ongoing employment litigation.
3.1.1.7. Canadian Data Privacy Law
3.1.1.7.1. Advised German SAP provider on whether “personal information” may be stored in Canadian data center.
3.1.1.7.2. Advised German biotech company on whether U.S. subsidiary could process personal information relating to Canadian citizens.
3.1.1.8. German Data Privacy Law
3.1.1.8.1. Advised German SAP provider on the application of German data protection law to U.S. activities.
3.1.1.9. Chinese Data Privacy Law
3.1.1.9.1. Assisted German multinational lighting manufacturer with development of global data privacy organization as part of effort to extend EU operation to mainland China.
3.1.2. Export Compliance
3.1.2.1. General
3.1.2.1.1. Advised German company specializing in "sealing" technologies for the automotive industry on U.S export law (ITAR, EAR, OFAC), in relation to the negotiation of a CoU/NDA required for North American SAP rollout.
3.1.2.2. EAR
3.1.2.2.1. Advised German company specializing in future-proof tool solutions, machining strategies, and process optimization on U.S. export control implications arising from a joint venture with an Illinois company.
3.1.2.2.2. Completed "Encryption Registration" with DOC under EAR for German company seeking to upload software application to Apple Store.
3.1.2.3. ITAR
3.1.2.3.1. Developed and implemented ITAR compliance program for German SAP-certified global provider of hosting and cloud services with offices in U.S., Mexico, Hungary, and China.
3.1.2.3.2. Provided overview of potential export compliance issues to German manufacturer of complex structural steel systems seeking to open a U.S. assembly operation, with focus on exporting automotive parts under ITAR.
3.1.2.4. Sanctions
3.1.2.4.1. Advised German carrier and data center-neutral IXP operating the largest global exchange point (5 terabits/second) on potential violations of U.S sanctions against Iran.
3.1.2.4.2. Advised Italian luxury house on legal issues and development of compliance program to flag potential OFAC violations with respect to purchases made in U.S. stores.
3.1.3. Government Contracts
3.1.3.1. Advised German tier 1 automotive supplier planning to sell heavy duty axles to U.S. government agencies on foreign content requirements under BAA and TAA.
3.2. Corporate Law
3.2.1. Contract and Policy Review
3.2.1.1. Provided interpretation, suggestions, and advice regarding the drafting of a contract for the provision of natural gas between major U.S. and European companies.
3.2.1.2. Wrote memorandum addressing whether a Standard Coal Trading Agreement constitutes intellectual property.
3.2.1.3. Analyzed contract establishing joint venture between U.S company and German company to hold property in U.S., including 58 story office building.
3.2.1.4. Reviewed and commented on draft licensing agreement to hold fundraising event on private property.
3.2.1.5. Reviewed and updated Technical Assistance Agreement (TAA).
3.2.1.6. Reviewed ToU
3.2.2. Contract and Policy Drafting
3.2.2.1. Dissolved GA corp. and formed Kansas LLC; drafted and updated website ToU, Disclaimers, Privacy Policy, and Cookie Policy.
3.2.2.2. Drafted international data transfer addendum to Master Services Agreement (MSA) between German foundry chemicals group and U.S. SAP-certified provider of hosting and cloud services.
3.2.2.3. Drafted Privacy Shield Policy for U.S. subsidiary of German provider of hosting and cloud services.
3.2.2.4. Drafted ITAR compliance manual.
3.2.3. Business Development
3.2.3.1. Advised Canadian upstream oil and gas company on: incorporating in Alberta; securing patent protection; recruiting and managing global legal and business team; raising 200 M USD through IPO on Hong Kong or London stock exchange.
3.2.3.2. Built and represented U.S. branch of European data privacy and information security consultancy: (drafted business plan; developed marketing material; built relationships with clients and cooperation partners; produced original website content (incl. white papers; blog posts; news articles; and press releases) relating to data privacy topics.
3.2.4. Stock Transfer
3.3. International Arbitration
3.3.1. Analyzed supporting documents, prepared reports, and assisted with preparation of memorials for 38 M USD ICC arbitration involving post-acquisition dispute between South Korean Fortune 500 company and Hong Kong company.
3.3.2. Reviewed draft award for ICC arbitration between a multinational company and a South-American state-owned company concerning the development and exploitation of crude oil resources.
3.4. Litigation
3.4.1. Assisted counsel (prepared summary of related federal case) in representation of defendant (German industrial flooring company) involved in U.S. federal litigation.
3.4.2. Advised German individual charged with tax fraud and evasion in Germany on U.S. (Delaware) law pertaining to stock transfers.
3.4.3. Wrote memorandum addressing whether opposing counsel should be disqualified under Florida ethics rules.
3.4.4. Wrote memoranda addressing following legal issues: whether plaintiff could pierce corporate veil to reach assets of U.S. defense contractor who allegedly violated False Claims Act; whether contribution agreement between U.K. and German companies violated European Competition Law; and whether conducting “information session” constituted unauthorized practice of medicine under Florida law.
3.4.5. FTC
3.4.5.1. Identified and catalogued case law for a brief in support of a motion for a Temporary Restraining Order.
3.4.5.2. Interviewed and wrote Declarations of consumers harmed by mortgage modification scam.
3.4.5.3. Reviewed draft complaint for proper Blue Book citations and made table of cases cited.