Proactive & Transactional Services
- Policy Development – Develop legally sufficient and organizationally functional privacy and data security related policies, including the comprehensive Written Information Security Program (WISP) required under Massachusetts law, and establish related employee training programs.
- Cross-Border Data Transfers – Assist with the development of legal means to share data across international borders, particularly with European Union nations under Privacy Shield, Model Clauses, Binding Corporate Resolutions, and Consent, as well as prepare for more enforcement by US and European authorities.
- Security Risk Assessments – Work with technical experts to determine the most cost effective ways to decrease an organization’s digital risk profile.
- Incident Response Planning – Establish procedures, policies and practices for responding to, remediating and surviving a cyber attack, integrating cybersecurity into business continuity plans.
- Privacy/Cybersecurity Compliance – Analyze and revise policies, develop training programs, asses the effectiveness of the compliance regime’s impact on employee conduct, and investigate potential violations of the policies and applicable laws.
- Board/Sr. Executive Training – Present information on data protection related subjects to assist board members and senior executives to meet their growing cybersecurity oversight obligations, using succinct and custom developed training modules.
- Contract Negotiation & Review – Assess privacy and cybersecurity related provisions, including clauses on limitation of liabilities and indemnification, are critical components in vendor agreements and other contracts.
- Mergers & Acquisitions – Assist clients with the analysis of privacy and data security related obligations and risks as part of a merger, acquisition or significant financial transaction.
Reactive & Litigation Services
- Litigation & Arbitration – Represent clients in a broad range of court proceedings and arbitrations involving business disputes and employment matters, many of which include some component of privacy, data security or digital forensics.
- Theft of Trade Secrets – Investigations and litigation of trade secret theft disputes, along with related claims involving non-compete and non-solicitation agreements, the Computer Fraud and Abuse Act (CFAA), and commercial torts for interference with business relationships.
- Internal Investigations – Undertake investigations ranging from financial fraud to workplace harassment including collecting, preserving and efficiently analyzing electronic data.
- Data Security Incident Response & Breach Management – Oversee the work of technical teams and assess legal impacts of data breaches and other cybersecurity incidents, undertake post-breach notifications, and address disputes with consumers, vendors, investors, insurers, business partners, and regulators that grow out of data security incidents.
- Digital Forensics – Provide assistance in a broad range of litigations and arbitrations that involve the collection and/or use of digital forensic evidence.
- E-Discovery Strategy & Management – Undertake all aspects of the e-discovery process for a variety of commercial litigations, arbitrations, administrative enforcement actions, and internal investigations.
In addition to work as an advocate in arbitrations, Kent Sinclair serves as a neutral through the commercial disputes panel of the American Arbitration Association (AAA). He has conducted arbitrations hearings as a member of a three arbitrator panel and as a single arbitrator in disputes involving technology services agreements, patent royalties, investment fund limited partnership agreements, and software development agreements.