Big Data Use and Licensing: Legal and Practical Strategies to Maximize its Value

Navigating Issues of Anonymization, Due Diligence and Salting the Database; Key Contractual Provisions

Recording of a 90-minute CLE webinar with Q&A


Conducted on Wednesday, May 3, 2017
Recorded event now available


This CLE webinar will provide guidance to corporate and technology counsel for using and licensing big data. The panel will discuss practical considerations when using big data, including anonymization, due diligence and salting the database. The panel will also explain key contractual provisions in big data licenses, such as warranties, indemnification, limitation of liability, and audit rights, that help minimize risks.

Description

Companies are increasingly exploiting the massive amount of consumer information available from social networking sites, browser trails and surveillance trackers, collectively referred to as “big data,” to generate revenue. Businesses considering using big data should evaluate whether to take proactive steps such as anonymization, due diligence and salting the database to minimize risk.

Carefully negotiated licensing agreements specific to big data are also critical to maximizing the right to use, access and manipulate big data while minimizing liability exposure. Traditional licenses are often ineffective in addressing the unique issues big data presents, such as the de-identification and re-identification of data.

Big data licensing agreements should include provisions addressing warranties, information security, indemnification, limitation of liability, and more. By understanding the critical clauses to include in big data licenses—and the common pitfalls—counsel can effectively draft and negotiate licenses in their clients’ best interests.

Listen as our authoritative panel discusses what big data is and practical and legal considerations surrounding its use. The panel will also discuss best practices for drafting key clauses in big data licenses.

Outline

  1. What is big data?
  2. Using big data
    1. Case studies
    2. Practical considerations
      1. Anonymization
      2. Due diligence
      3. Salting the database
    3. Issue spotting
    4. Legal considerations
  3. Licensing big data – key contractual provisions
    1. Warranties
    2. Information security requirements
    3. Indemnification
    4. Limitation of liability
    5. Confidentiality
    6. Audit rights

Benefits

The panel will review these and other key issues:

  • What is “big data” and what are the key sources and uses for businesses?
  • What legal risks arise for companies in obtaining and using big data for revenue generation?
  • What provisions are critical in big data licensing agreements to maximize rights to big data and minimize legal risks?

Faculty

Aaron K. Tantleff, Partner
Foley & Lardner, Chicago

Mr. Tantleff focuses on providing legal and strategic guidance regarding information technology, outsourcing, licensing, consulting, professional services, e-commerce, manufacturing, supply, and distribution agreements, as well as product acquisitions, strategic alliances, mergers and acquisitions, and private equity investments where technology and intellectual property are of significant importance.

Julie K. Kadish
Foley & Lardner, Chicago

Ms.  Kadish's practice focuses on drafting and reviewing technology agreements across a variety of industries, and counseling clients on privacy and data security matters. She negotiates and drafts software licenses, professional services agreements, non-disclosures, and other commercial agreements relating to technology. Ms. Kadish also provides guidance to clients on data breach response and preparedness, reviews clients’ products and services for privacy implications, drafts online terms and conditions and privacy policies, drafts and negotiates privacy and data security provisions in commercial agreements, and advises clients on compliance with regulations and industry standards. She is a Certified Information Privacy Professional (CIPP/US).



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Program Materials

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Program Materials

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Rath, Young & Pignatelli

Business Contracts and Franchise Advisory Board

Vincent R. Martorana

Counsel

Reed Smith

Charles (C. J.) Schoenwetter

Partner

Bowman and Brooke

Rochelle Spandorf

Partner

Davis Wright Tremaine

Craig Tractenberg

Partner

Fox Rothschild

Les Wharton

Chief Legal Officer

Coverall North America

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