Janet practices in the areas of intellectual property and data privacy and security. Janet provides worldwide brand protection, enforcement, licensing and transactional IP services, and she 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
- Represented a major U.S. energy company with a complex vendor data breach impacting 250k+ consumers in 50 states as well as Canada, prepared consumer notices and arranged for call centers in two languages as well as numerous notices to Attorneys General; managed several follow up investigations and coordination with Canadian counsel on impacted consumers outside the U.S. (2020-2021)
- Assisted nationwide wholesale distributor/retailer with all aspects of multi-state ransomware data breach remediation, including preparation of notification letters for data subjects, notifications to state attorneys general and other relevant state agencies, coordination of credit monitoring benefits for data subjects. (2020)
- Negotiated multi-million dollar, multi-year college bowl sponsorship agreements for a major U.S. food manufacturer (2020)
- Represented numerous colleges and non-profits in privacy compliance work following the Blackbaud data breach, including one involving over 300k data subjects. (2020)
- Represented multi-national manufacturer with divestiture from parent company, including complex cross-licensing arrangements, consent agreements, and transition of 400+ trademark multinational portfolio (2019)
- Acted as outside counsel to the U.S. Chamber of Commerce in the development of its proposed Federal Consumer Privacy Act. (2018-2019)
- Provided strategic advice to two liberal arts colleges regarding revisions to their intellectual property policies to ensure ownership by the college of online course material (2018)
- 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)
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Tulane University Law SchoolJD
cum laude
1995 - Duke UniversityABHistory and Public Policy1989
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, International Association of Privacy Professionals (IAPP)
Member, Metro Richmond Women’s Bar Association
- Speaker, Generative AI and the Law, October 19, 2023
- Speaker, EdTech Webinar, July 27, 2023
- Speaker, Hot Topics in Higher Education, February 8, 2023
- Speaker, "Privacy, Incident Response and What You Can Do to Mitigate Risk", 18th Annual Nonprofit Seminar, November - December 2021
- Speaker, Post-Alston Name, Image and Likeness Implications for Education Benefits and Title IX, July 15, 2021
- Speaker, "Where Marketers and Attorneys Learn to Speak the Same Language ", Frenemies Video Series, October 2020 - April 2021
- Panelist, "Footwear IP 101 – Patents, Trademarks, and More", Footwear IP Digital Summit, Footwear Distributors and Retailers of America, April 26, 2021
- Host, "The One Where Europe Made Privacy Matter: 10 Simple Things for Marketers to Know About GDPR", Frenemies Video Series, April 1, 2021
- Speaker, "Are You Prepared for a Cyber Event?", Sun Trust / Truist Webinar Panel, October 28, 2020
- Host, "The One Where We Find Out Trademarks are Not Registered In a Day: The Trademark Registration Process", Frenemies Video Series, October 5, 2020
- Host, "The One Where Marketing Chose a Trademark Legal Actually Approved", Frenemies Video Series, October 5, 2020
- Speaker, Security and Privacy Issues for Fiduciaries and Clients, American Bankers Association Webinar, February 7, 2019
- Speaker, "The New Security and Privacy Landscape: GDPR, CalCPA, and What They Mean for Nonprofits", 16th Annual Nonprofit Seminar, October - November 2018
- Speaker, "The Intersection of Social Media and Privacy Law", Women in Energy Leadership Initiative, April 11, 2018
- Speaker, EU Privacy for U.S. Companies, March 1, 2018
- Speaker, "Social Media and Data", Protect Your Brand and Advance Your Marketing Strategies, February 28, 2018
- Keynote Speaker, "Data Breach Response and Notification – What Every Attorney Should Know", Data Breach Response and Notification, 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, 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 to “Legal Elite,” Intellectual Property/Information Technology, Virginia Business, 2006, 2007, 2009, 2011-2021, 2023
Selected for inclusion in The Best Lawyers in America, Trademark Law, 2011-2024; Information Technology Law, 2023, 2024; Woodward/White, Inc.
Selected for inclusion in “Legal 500 United States,” Cyber Law, 2020-2023
Selected for inclusion in America’s Leading Lawyers for Business, Intellectual Property, Southern Virginia, Chambers USA, 2012-2023
Named a Client Service “All-Star,” BTI Consulting, 2022
Named a “Technology Trailblazer,” National Law Journal, 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 “Virginia Rising Stars,” Intellectual Property, Super Lawyers, Thomson Reuters, 2007
- Author, New Year Brings New State-Level Data Privacy Protections, Password Protected, December 15, 2022
- Quoted, "Twitter settlement brings work for privacy professionals", FTC Watch, August 9, 2022
- Author, Virginia’s New Consumer Data Protection Act, Password Protected, March 4, 2021
- Author, Data Privacy Day 2021: Privacy and Cybersecurity Are On Our Minds, Too, Password Protected, January 28, 2021
- Quoted, "As Disclosures Continue, Blackbaud Breach Remains a ‘Conundrum’ for Some Nonprofits", The Chronicle of Philanthropy, August 5, 2020
- Author, Blackbaud Data Breach: Should You Notify Affected Individuals or EU Data Protection Authorities?, Password Protected, July 27, 2020
- Author, ECJ Invalidates the EU-US Privacy Shield! How Safe is it to Use SCCs for Data Transfers from the EU to the US?, Password Protected, July 16, 2020
- Author, Supreme Court Trademark Ruling Shows You Can’t Judge a Book(ing) by Its .Com, McGuireWoods Legal Alert, July 2, 2020
- Author, Update: Coronavirus Cyberscams and Other Attacks – Scammers Are Still at It, Password Protected, April 9, 2020
- Author, Coronavirus Cyber Scams: Outbreak Map Used to Spread Malware and Cyberattack on HHS, Password Protected, March 24, 2020
- Editor, "Domestic Privacy Profile – Virginia", Bloomberg Law Data Privacy and Security, Bloomberg BNA, October 2018
- Quoted, "Analyzing New and Amended State Breach Notification Laws", The Cybersecurity Law Report, June 6, 2018
- Co-author, "Trends and Developments (USA)", Chambers and Partners’ Global Practice Guide: Data Protection & Cyber Security 2018, May 29, 2018
- Author, New CFPB Consumer Protection Principles, Password Protected, October 23, 2017
- Author, Obama Order Establishes Federal Privacy Council, Password Protected, February 11, 2016
- Co-author, "Smart Grids and Data Privacy in the Internet of Things", Law360, June 5, 2014
- Author, Smart Grids: Security, Privacy and Liability, McGuireWoods Legal Alert, April 28, 2014
- Author, ICANN Opens Domain Naming Process to the General Public, McGuireWoods Legal Alert, June 24, 2011
- Author, Corporate Response to Hacker Attacks and Potential Liability, McGuireWoods Legal Alert, June 6, 2011
- Author, ICO Investigates Sony for Security Breach – Data Controllers Should Review Procedures to Avoid Investigations, Fines, McGuireWoods Legal Alert, May 5, 2011
- Author, Companies Should Act Today to Protect Trademarks on Facebook, McGuireWoods Legal Alert, June 12, 2009
- Author, "‘DO’ Diligence: Beyond Trademarks and Patents, Overlooked Intellectual Property in Mergers and Acquisitions", Bloomberg Corporate Law Journal, Vol. 3, Issue 1, Winter 2008
- Author, Best Practices for IP Ownership Issues in Technology Transactions, McGuireWoods Legal Alert, April 24, 2008
- Author, "The Race to Protect Personal Information", Virginia Lawyer, June/July 2007