KENNETH N. RASHBAUM

Kenneth N. Rashbaum advises multinational corporations, financial services organizations and life sciences organizations in the areas of privacy, cybersecurity, e-discovery for litigation and regulatory proceedings and information management. He counsels these entities on information governance and its compliance with federal, state, and non-U.S. laws and the interface of e-commerce and legal and regulatory liabilities in areas such as cybersecurity and breach response. Ken has vast experience in preparation of provisions in contracts, service level agreements and license agreements relating to compliance with data protection and privacy laws in the U.S. and other countries. He also leads information security and data breach response assessments, investigations and remediation initiatives; prepares policies for social media legal and regulatory compliance; and represents technology and life sciences organizations in federal and state investigations and audits, and in litigation.

Ken is a Distinguished Neutral on the Cyber Panel of the International Institute for Conflict Prevention and Resolution (“CPR”). In this capacity, he serves as a mediator in breach of contract disputes that arise from data breaches, claims of trade secret theft and disputes over cyber risk insurance coverage.  Ken also serves as special e-discovery counsel for complex litigation and in matters in which electronic evidence from beyond the U.S. is required.  He has been recognized internationally as a thought leader in electronic discovery and disclosure, and has served as national e-discovery counsel for multinational pharmaceutical corporations and global e-discovery counsel in products liability and IP litigation.  Ken was appointed to the faculty of the Federal Judicial Center for its September, 2010 session and the Georgetown Advanced E-Discovery Institute (November 2009 and December 2012 sessions) to lead sessions on international e-discovery issues and challenges.

In his capacity as a nationally known expert on data privacy, Ken counsels healthcare organizations on compliance with federal, state and judicial standards governing protected health information. He has served as HIPAA and privacy counsel to major hospital systems, health plans, physicians’ groups, cloud computing providers and health information application developers; advised academic hospital systems on protocols for implementation of electronic health records; and provided counsel on risk management issues in access, uses and disclosures of electronic patient information.

Ken is an Adjunct Professor of Law at Fordham University School of Law and had been a member of the Adjunct Faculty at the Maurice A. Deane School of Law at Hofstra University from 2013 – 2015.

Prior to joining Barton, Ken was a senior litigation partner in the New York office of Sedgwick LLP (formerly Sedgwick, Detert, Moran & Arnold) where he was the Co-Chair of the E-Discovery, Compliance and Data Management Practice Group.

 

Industries

  • Healthcare
  • Technology
  • Cloud Computing/Hosted Solutions
  • Multinational Organizations
  • Pharmaceutical
  • Biotech
  • Medical Devices

Speeches, Panels & Presentations

  • “Cybersecurity Regulations for Financial Services.” Investment Adviser Association Webinar Series. (April 20, 2017).
  • “Cybersecurity 2.0: What Can Boards Do Besides Lose Sleep?” National Association of Corporate Directors, New Jersey Chapter. (February 2017).
  • “Managing Information Risk in an Evolving Regulatory World. Legal Tech New York. (February 2017).
  • “Episode 9: Pokemon Sun and Moon Leaks.” Fordham Intellectual Property, Media & Entertainment, Law Journal Podcast.” (November 2016).
  • “Technology and the Law: Adapting and Providing Value, a Conversation with Kenneth Rashbaum.” Legal Marketing Studio Podcast. (October 31, 2016).
  • “Defending and Enhancing Operational Integrity in Today’s Cybersecurity Landscape.” Minolta Konica All Covered Cybersecurity Program. Microsoft Event Center, New York, NY. (October 26, 2016).
  • “Complex Litigation Of Cybersecurity Issues.” NJICLE Cybersecurity Law Conference. New Brunswick, NJ. (June 14, 2016).“
  • Advanced Cybersecurity Law.” Pennsylvania Bar Institute. Philadelphia, PA. (June 1, 2016).
  • “Cross-Border Discovery and Information Management Times Are A-Changing.” Ing3nious Southeast eDiscovery and Information Governance Retreat. Atlanta, GA. (May 22-23 2016).
  • “Managing Vendor and Business Partner Cybersecurity Risks and Liabilities” Clear Law Institute. Philadelphia, PA. (April 26, 2016).
  • “What Happened to the US/EU Safe Harbor? The Tension Between Privacy and Business Efficiency for Multinational Companies.” LegalTech 2016. (February 4, 2016).
  • “Game Changer: Effects of the EU Safe Harbor Decision.” LegalTech 2016. (February 3, 2016).
  • “cybersecurity in Health Law: Protecting Patients and Providers.” New York Law Journal Webinar. (October 20, 2015).
  • “Cyber Fraud: Fight Back!” REBNY. New York, NY. (April 23, 2015).
  • “eDiscovery Speaker Series: Responding to Government Investigations.” Driven Inc. Speaker Series. New York, NY. (April 22, 2015).
  • “Department Store Issues.” Federal Bar Association’s Fashion Law Conference. New York, NY. (March 20, 2015).
  • “Aligning the Values and Costs of Litigation Services.” Managing Litigation as a Business. Houston, TX. (February 18, 2015).
  • “The New Normal: Revisiting the Transatlantic Relationship.” International Bar Association Conference. New York, NY. (January 29, 2015).
  • “Ethics Challenges in Management of IP Litigation.” Managing Litigation as a Business. Phoenix, AZ. (January 22, 2015).
  • “Lock Out Cyber Crime: A Cybersecurity Workshop.” Barton LLP and CSA2. New York, NY. (January 13, 2015).
  • “Exploring the Security of the Internet of Things: Trust Comes First.” Internet of Things Innovation Summit. CLSA. New York, NY. (December 12, 2014).
  • “Do You Know Where Your Data Is: A Cybersecurity Workshop.” Barton LLP and CSA2. New York, NY. (December 8, 2014).
  • “Healthcare Regulatory and Litigation Readiness.” RVM Education Center. New York, NY. (September 18, 2014).
  • “HIPAA & Secure Information Governance – Myths, Realities & Practical Solutions.” Webinar. (September, 2014).
  • “Knowledge Group: Cyber Insurance – What You Need to Know in 2014.” Webinar. (July, 2014).
  • “Do the Right Thing in Cyber-Space: Ethics in the Digital Age.” Chicago Bar Association. Chicago, IL. (September, 2013).
  • “Cyber-Security: Legal Obligations, Precautions and Best Practices.” ABA Section of International Law-Israel Bar Association Joint Conference. Eilat, Israel. (May 2013).
  • “First Do No Harm: Preserving and Admitting Foreign ESI.” Georgetown Advanced e-Discovery Institute. (December, 2012).
  • “Silicon Alley South: Cyber-Compliance and Risk Management For the Burgeoning Technology Sector in South and Central America.” American Bar Association Section of International Law, Fall Meeting. (October, 2012).
  • “Where Are Your Data Tonight? Social Media and Economic Espionage.” American Bar Association Section of International Law, Spring Meeting. (April, 2012).
  • “Privilege In Electronic Communications.” New York City Bar Association. (February, 2012).
  • “Customs Stations On The Life Sciences Information Highway: Trans-Border Privacy and Data Protection.” New York State Bar Association-Ontario Bar Association Meeting. Toronto, Ontario. (March 2012).
  • “The Crossroads of Incident Response Planning and Data Breach Notification Obligations.” Master’s Conference. Washington, D.C. (October, 2011).
  • “A Perfect (Electrical) Storm: The Electronic Health Record in Litigation and Oversight Proceedings.” AHRM-NY. (December, 2010).

Quotes, News & Publications

Charitable and Civic Involvement

  • Team In Training, Leukemia and Lymphoma Society
  • Member, Charter Revision Commission, South Orange, New Jersey