Janet P. Peyton Partner

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

Janet serves as the firm’s U.S. liaison on EU-U.S. cross-border data transfer matters. She counsels clients in the United States on GDPR compliance, auditing and evaluating clients’ data security policies, drafting website privacy notices and internal corporate privacy policies, and negotiating cloud computing and other data processing agreements from the vendor and customer perspective. She advises lawmakers and industry groups on privacy legislation at the state and federal level. As chair of McGuireWoods’ transactional intellectual property practice group, 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 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. In 2019, National Law Journal recognized her as a "Technology Trailblazer" — a go-to lawyer for corporate clients on all aspects of technology law and data privacy. She also is a past chair of the Virginia State Bar Intellectual Property Section.

Experience

Acted as outside counsel to the U.S. Chamber of Commerce in the development of its proposed Federal Consumer Privacy Act. (2018-2019)

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

  • Virginia

Named a "Technology Trailblazer," National Law Journal, 2019

Selected for inclusion in America's Leading Lawyers for Business, Intellectual Property, Southern Virginia, Chambers USA, 2012-2019

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

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

Named to "Legal Elite," Virginia Business, 2006, 2007, 2009, 2011, 2012, 2014, 2015, 2016, 2017, 2018

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

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