Partner

Kenneth N. Rashbaum

212.885.8836 krashbaum@bartonesq.com
Partner

Kenneth N. Rashbaum

212.885.8836 krashbaum@bartonesq.com
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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 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. 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 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 2019, he served as a special consultant to the New Jersey Assembly assisting in the preparation of a bill that, if passed, would become New Jersey’s first comprehensive privacy and cybersecurity law. Ken has also testified as a cybersecurity and privacy expert before the New Jersey Homeland Security and State Preparedness Committee.

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 Founding Co-Chair of the E-Discovery, Compliance and Data Management and HIPAA Practice Groups.

Kenneth N Rashbaum - SuperLawyers

 

Practices
Industry Experience
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Cybersecurity, Data Privacy, GDPR Compliance
  • Assisted NJ Assembly with First Data Protection Bill
    • Assisted the Deputy Speaker of the New Jersey assembly in preparation of New Jersey’s first data protection and cybersecurity bill. Ken also testified as a cyber security expert before the assembly’s homeland security and state preparedness committee.
  • Negotiated GDPR-Compliant Agreements for Global Media Company
    • Represented a global media company in negotiation of service level and vendor agreements pursuant to the General Data Protection Regulation of the European Union (GDPR) and provided counsel in GDPR requirements and privacy/cybersecurity requirements of multiple U.S. states.
  • Favorably Settled Suit Involving Company Data Stolen by Employees
    • Obtained a Temporary Restraining Order, and then a favorable settlement, on the client’s behalf, in a matter in which an insurance broker’s employees stole and transferred company data in an attempt to start a competing organization.
  • Counseled Organizations Regarding Cyberattack Response
    • Counseled multiple organizations—such as fashion studios, CPA firms, law firms, hospitals and technology and media companies—on cybersecurity attack investigations, breach response, and remediation initiatives.
  • Negotiated Service Agreements with Customers and Vendors
    • Has represented security consultancies, CPA firms, media companies, and life science organizations in the negotiation of service agreements with customers and vendors from multiple countries.
  • Advised Organizations on Cybersecurity Training and Compliance
    • Has represented several multi-national organizations, providing counsel and advice on privacy and cybersecurity compliance pursuant to applicable laws and regulations including facilitation of security risk assessments; preparation of policies and procedures; and delivery and presentation of corporate training materials.
  • Negotiated Contract Focusing on International Data Transfer
    • Negotiated a contract for data collection on a global basis between a consultancy and one of the largest investment banks in the world, with a particular focus on international data transfer laws and regulations.
  • Counsel to Healthcare IT App Developers Regarding Data Protection
    • Provided counsel to healthcare IT app developers regarding solutions for secure, real-time sharing of medical information among providers.
  • Prepared Cybersecurity Protocols for NY Hospital System
    • Prepared information security, privacy, and data preservation protocols and training for a five-hospital system in New York.
  • Taught Cybersecurity Curriculum at Three Academic Medical Centers
    • Delivered Grand (teaching) Rounds at three academic medical centers on patient safety, cybersecurity, and privacy risks in the design of electronic medical records systems.
  • Conducted Health Data Privacy Training at Boston Hospital
    • Advised a Boston academic hospital system on health data preservation protocols, prepared preservation policies, and conducted work force training on the protocols.
Regulatory Investigations and Enforcement
  • Counsel to Assisted Living Facility in Audit by NYSDFS
    • Represented a major assisted living facility in a cybersecurity audit by the New York Department of Financial Services.
  • Defeated Motions to Dismiss in Data Misuse/Theft Case
    • Represented an insurance broker with regard to federal and state claims concerning allegations of data misuse and theft and defeated motions to dismiss.
  • Provided FDA Remediation Training
    • Provided FDA remediation training required by audit findings at biotech corporations with regard to record-keeping and manufacturing practices.
Internal Investigations
  • Led Internal Investigation into NYC Hospital System Breach
    • Represented a New York City hospital system by leading an investigation into breach of patient information from five hospitals and disclosure onto five Internet search engines, while also coordinating breach response and reporting.
  • Led Investigation into Global Theft of Trade Secrets
    • Led investigation into and provided counsel and coordination for response to theft of trade secrets from a multi-national oil equipment manufacturing corporation, where theft originated in eleven countries.
Commercial Litigation
  • E-Discovery Counsel for U.S. District Court Litigation
    • Served as special e-discovery counsel for the preservation and production of electronic evidence from Switzerland, Germany, and Italy for U.S. District Court litigation.
  • Led E-Discover Teams in Product Liability Litigation
    • Led e-discovery teams in multi-district pharmaceutical product liability litigation.
  • Tried Multiple Cases to Verdict in State, Federal Courts
    • Tried multiple criminal, healthcare, product liability, commercial, and construction law cases to verdict in federal and state courts.
  • Obtained Dismissal of Claims in NY State Court
    • Represented an internationally-known singer and songwriter in a lawsuit arising from a concert in Europe and obtained a dismissal of the claims against him in a New York state court.
  • Co-Represented Defense in 32-Party Labor Lawsuit
    • Co-represented the defense in a thirty-two-party lawsuit in the Western District of New York arising from a months-long labor dispute.