Daniel F. Forester

Subscribe to Daniel F. Forester's Posts

Mr. Forester is a counsel in Davis Polk's Corporate Department, practicing in the Intellectual Property and Technology Transactions Group. He advises clients on intellectual property and technology issues arising from corporate and commercial transactions, such as mergers and acquisitions, data or intellectual property licensing, development and commercialization arrangements, joint ventures and collaborations, financings, restructurings and capital market offerings. [Full Bio]

Both the General Data Protection Regulation (“GDPR”) and the California Consumer Privacy Act (“CCPA”) require companies to respond to customer data access requests.  But how do you know that the person making the request is actually who they say they are?  As we have previously noted on this blog,…
Continue Reading

Davis Polk attorneys authored a chapter on U.S. Cybersecurity Laws for the GDR Insight Handbook 2020.  The chapter, which can be read here, was written by Avi Gesser, Matthew J. Bacal, Daniel F. Forester, Matthew A. Kelly, Clara Y. Kim, and Gianna C. Walton, and was published by…
Continue Reading

Davis Polk partner Pritesh Shah and associate Daniel Forester are among the authors of a new Practice Note for Thomson Reuters’ Practical Law discussing blockchain technology and recent trends in data privacy law and the tensions between them.  The article explains blockchain technology’s characteristics and describes issues and potential strategies…
Continue Reading

Over the last few years, the creation of new cybersecurity regulations has been robust, but actual enforcement has been tepid. This is understandable in any new regulatory regime, especially one where the standards are vague, the conduct is evolving, and therefore, there is considerable uncertainty on the part of the…
Continue Reading

One way for companies to decrease their cybersecurity risks, as well as their risks from new privacy regulations, is through data minimization—significantly reducing the amount of their data.  By deleting old data and collecting less new data, companies will have less sensitive information to protect and process in accordance with…
Continue Reading

A recent bill to amend California’s landmark data privacy law seeks to expand potential liability for violations—bringing little comfort to those already concerned about the risks and challenges associated with achieving compliance in advance of the law’s upcoming effective date.

The proposal—Senate Bill 561, introduced on February 25, 2019, by…
Continue Reading

2018 was another busy year for lawyers in the privacy/cybersecurity world – GDPR, CCPA, Marriott, New York Department of Financial Service’s cybersecurity rule deadlines, increased SEC enforcement, more data breach lawsuits, more companies doing table top exercises and risk assessments, etc. But 2019 is looking to be even busier. Below…
Continue Reading

Momentum is building for federal data privacy legislation, in large part due to the passage of the California Consumer Privacy Act (CCPA) (which goes into effect in 2020) and other states enacting or considering their own consumer privacy laws.  These developments have businesses concerned that they will face a patchwork…
Continue Reading

In Part 1 of this blog post, we discussed some key contractual provisions that lawyers should consider when entering into agreements with cloud service providers (“CSPs”).  In this Part 2, we discuss some additional contractual considerations to keep in mind, as well as some post-contract practices to consider in order…
Continue Reading

There are many good reasons why companies are increasingly migrating parts of the information technology to cloud service providers (“CSPs”), including lower overhead costs, greater data accessibility and mobility, and more efficient disaster-recovery response.  For cybersecurity, cloud solutions offer companies many benefits, such as full-time data security monitoring and data…
Continue Reading