Janet P. Peyton Partner

Janet practices in the area of data privacy and security, and assists clients with both preventive data security as well managing compliance issues in the aftermath of a data breach.

Her experience includes auditing and evaluating clients’ data security policies, drafting website privacy notices and internal corporate privacy policies, negotiating cloud computing agreements from both the vendor and customer perspective, and compliance with breach notification laws. As a transactional intellectual property lawyer, Janet also has significant experience with technology-related transactions, such as sophisticated IT procurement contracts, enterprise software licenses for corporate licensees and buyers, and transition services agreements in the contexts of stock or asset purchase agreements. She holds the CIPP/US certification as a Certified Information Privacy Professional from the International Association of Privacy Professionals (IAPP).

Janet chairs the firm’s transactional intellectual property practice group. She has substantial experience assisting clients with the strategic management of large U.S. and foreign trademark portfolios for retail, manufacturing and professional services companies, as well as institutions of higher education. She was the 2013 recipient of Chambers USA’s Women in Law Award for “Up and Coming Intellectual Property Lawyer of the Year” and is a past chair of the Virginia State Bar Intellectual Property Section.

Experience

Assisted nationwide wholesale distributor/retailer with all aspects of multi-state ransomware data breach remediation, including preparation of notification letter for data subjects, notifications to state attorneys general and other relevant state agencies, coordination of credit monitoring benefits for data subjects. (2017)

Assisted real estate investment client with remediation of targeted phishing breach and analysis of state law compliance issues. (2017)

Created comprehensive information governance package for large, multi-national company routinely handling sensitive student data. (2016-2017)

Represented Platform-as-a-Service (PaaS) provider in negotiation of long-term contract to provide online services for a major publishing house. (2015)

Managed multi-state breach notification compliance for large public company following loss/theft of employee data. (2013-2014)

Advised small public company on data breach and theft of trade secrets after Federal Bureau of Investigation alerted the company to apparent data breach. (2014)

Representation of a SaaS software company in the offering and sale of a major corporate subsidiary to a financial buyer. (2012)

Representation of a major railroad in negotiation of complex, custom IT development contract. (2012)

Represented a large public utility in the negotiation of an IT procurement contract (software, equipment and services) valued at over $250 million. (2011)

  • Tulane University Law School, JD, cum laude, 1995
  • Duke University, AB, History and Public Policy, 1989

Chair, Intellectual Property Section, 2007-2008; Board of Governors, Intellectual Property Section, 2000-2007; Faculty, Professionalism Course, 2005-2008, Virginia State Bar

Member, Greater Richmond Intellectual Property Association

Member, Richmond Bar Association

Member, Metro Richmond Women's Bar Association

  • Speaker, "The New Security and Privacy Landscape: GDPR, CalCPA, and What They Mean for Nonprofits," 16th Annual Nonprofit Seminar, October - November 2018
  • Speaker, EU Privacy for U.S. Companies, March 1, 2018
  • Speaker, "Social Media and Data," The Best Offense Is a Good Defense:: Protect Your Brand and Advance Your Marketing Strategies, February 28, 2018
  • Keynote Speaker, "Data Breach Response and Notification – What Every Attorney Should Know," 18th Annual Virginia Information Technology Legal Institute, September 22, 2017
  • Speaker, "U.S. Privacy and Security Law: An Overview," The Data Privacy and Security Puzzle: Do You Have All the Pieces?, November 3, 2016
  • Speaker, "Data Privacy: Current State Law Developments," 13th Annual Nonprofit Seminar – Staying Current and Avoiding Trouble: What Nonprofits Need to Know, September 15 & 30, 2015
  • Presenter, "Privacy Law in the Smart Meter Era," Utility Client Seminar, September 22, 2014
  • Co-presenter, Data Privacy and Security Program, Client Seminar, Health Care Industry, October 3, 2013
  • Co-presenter, 2013 International Data Privacy and Security Conference, Client Seminar, Electronics Industry, August 12, 2013
  • Speaker, "Data Privacy and Security Update," Virginia Risk and Insurance Management Society, November 8, 2012
  • Speaker, "Intellectual Property 101 – How to Identify and Protect Your Organization’s Valuable Intellectual Property," 10th Annual Nonprofit Seminar: Regulatory and Legal Challenges Facing Nonprofits, September 25, October 9 & 16, 2012
  • Speaker, "IP for Business Lawyers," University of Virginia School of Law, September 23, 2011
  • Speaker, "Websites and the Law: Legal Issues for Website Owners," Fifth Annual Nonprofit Conference, June 5, 2007
  • Speaker, "Legal-Ease: The Next Level: Key Strategies for Drafting and Negotiating Purchasing Agreements," NAPM-VA, March 16, 2007
  • Speaker, "Privacy and Information Security Update," ABA Antitrust Section, Privacy and Information Security and Corporate Counseling Committees Brown Bag Program, March 13, 2007
  • Virginia

Named "Lawyer of the Year," Trademark Law, Richmond, Best Lawyers in America, Woodward/White, Inc., 2016

Winner, "Intellectual Property Up and Coming Lawyer of the Year," Chambers USA, Women in Law Awards, 2013

Selected for inclusion in The Best Lawyers in America, Trademark Law, Woodward/White, Inc., 2011-2019

Selected for inclusion in America's Leading Lawyers for Business, Intellectual Property, Southern Virginia, Chambers USA, 2012-2018

Named to "Legal Elite," Virginia Business, 2006, 2007, 2009, 2011, 2012, 2014, 2015, 2016, 2017

Named to “Virginia Rising Stars,” Intellectual Property, Super Lawyers, Thomson Reuters, 2007

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