Kenneth N. Rashbaum advises multinational corporations, financial services organizations, life sciences organizations, and other businesses that collect, use, and share electronic information in the areas of artificial intelligence (AI) and machine learning, privacy, cybersecurity, e-discovery and electronic evidence issues for litigation and regulatory proceedings and information management. He counsels these entities on information governance and 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 and negotiation of technology contracts, including service level agreements and license agreements relating to compliance with data protection and privacy laws in the U.S. and other countries.
In his artificial intelligence practice, Ken:
- Drafts AI acquisition, deployment and use policies for clients, including law firm clients.
- Drafts template data share and service agreements for transactions between customers and mid-sized AI providers.
- Reviews and negotiates agreements for acquisition and deployment of AI models.
- Provides counsel and opinions on questions of cyber risk and technology errors and omissions insurance coverage for claims arising from uses of AI models.
- Revises privacy notices and policies for national and multinational organizations to comprise transparency in uses of personal data for training of AI models.
- Prepares and presents corporate training materials comprising evaluation of prospective AI models and deployment, use and performance monitoring of those models.
The syllabus for the technology law class Ken teaches as an adjunct Professor at Fordham Law School includes the above areas as well as trends in US state laws and regulations and non-US laws, such as the EU AI Act, and admissibility of AI-generated or AI-enhanced evidence.
Ken also advises clients in the preparation of applications for privacy and cyber liability and technology errors and omissions insurance, assists them in preparation of information controls required by those applications and provides advice concerning proposed insurance policies. He 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.
In his capacity as a nationally known expert on healthcare 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 security and privacy controls in electronic health records; and provided counsel on risk management issues in access, uses and disclosures of electronic patient information.
In 2019, Ken served as a special consultant to the New Jersey Assembly assisting in the preparation of a bill that, if passed, would have become New Jersey’s first comprehensive privacy and cybersecurity law. Ken testified as a cybersecurity and privacy expert before the New Jersey Homeland Security and State Preparedness Committee.
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 Founding Co-Chair of the E-Discovery, Compliance and Data Management and HIPAA Practice Groups.
