Kenneth N. Rashbaum advises multinational corporations and healthcare organizations in the areas of privacy, cyber-security and e-discovery. He counsels multinational corporations on information governance and its compliance with federal, state, and . laws; the interface of e-commerce and legal and regulatory liabilities in areas such as cyber-security and breach response. Ken has vast experience in preparation of protocols for compliance with data protection and privacy laws in the U.S. and other countries; conduct of information security and data breach response assessments, investigations and remediation initiatives; and policies for social media legal and regulatory compliance.
Ken 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.
Features
- LicenseLicensed in New York
State: New York
Acquired: 1979
Currently Registered - Work Experience2016 - Present Adjunct Professor of Law, Fordham University School of Law2014 - Present Partner, Barton, LLP2013 - 2015 Special Professor of Law, Maurice A. Deane School of Law at Hofstra University2009 - 2014 Principal, Rashbaum Associates, LLC1989 - 2008 Partner, Sedgwick, LLP
- AssociationsInternational Association of Provacy ProfessionalsAmerican Bar Association - Division ChairAmerican Bar Association - Co-chair
- Education1978 - Hofstra University School of Law - Juris Doctor1975 - SUNY College at New Paltz - BA - Bachelor of Arts
- Speaking Engagements2017 - “Cybersecurity 2.0: What Can Boards Do Besides Lose Sleep?” - National Association of Corporate Directors, New Jersey Chapter2017 - “Managing Information Risk in an Evolving Regulatory World - Legal Tech New York2017 - “Cybersecurity Regulations for Financial Services.” - Investment Adviser Association Webinar Series2016 - Cyber Litigation Trends - Pennsylvania Bar Institute2016 - Complex Litigation of Cyber Security Issues - New Jersey Institute for Continuing Legal Education2016 - What Happened to the US/EU Safe Harbor? - Legaltech New York2016 - “Technology and the Law: Adapting and Providing Value, a Conversation with Kenneth Rashbaum.” - Legal Marketing Studio Podcast2016 - “Episode 9: Pokemon Sun and Moon Leaks.” - Fordham Intellectual Property, Media & Entertainment, Law Journal Podcast2015 - Ethics Challenges in Electronic Communications - Legal Tech New York2014 - Security of Connected Healthcare Devices - CLSA Innovation Summit2014 - Compliance for International Technology Startups - ABA Section of International Law Fall Meeting 20142013 - Electronic Discovery Across Borders - Georgetown Advanced E-Discovery Institute2013 - Gathering Evidence for Global E-Commerce Disputes - ABA Section of International Law Fall Meeting
- Publications2017 -
New York Law Journal “Cybersecurity for Law Firms: Business Imperatives Update 2017.”2017 -
Today’s General Counsel. Volume 14, Number 1. “Get Ready for More Cyber Litigation.”2017 -
Wall Street Journal Pro Quoted in “FINRA Penalties Show Growing Regulatory Focus on Cyber.”2017 -
Today’s General Counsel. Volume 13, Number 6. “Data Breach Litigation Wave in 2017.”2016 -
Legaltech News Quoted in “Experts Weigh in on Shifting EU U.S. Data Transfer Paradigm.”2016 -
Techdirt “Apple Might Be Forced To Reveal & Share iPhone Unlocking Code Widely.”2016 -
Co-Authored with George H. Wang, Partner, Barton LLP. Lexis Practice Advisor® & Law360. “Foreign Acquisition if U.S. Companies: State Cybersecurity and Privacy Laws Expand the Scope of Due Diligence by a Geometric Factor.”2016 -
E-Commerce Law Reports “Pablo Star, Ltd., et. al., v. The Welsh Government, et. al.”2014 -
Ave Maria Law Review Outrun the Lions: A Practical Framework for Analysis of Legal Issues in the Evolution of Cloud Computing2014 -
New York Law Journal Cybersecurity: Business Imperative for Law Firms2012 - Admissibility of Non-U.S. Electronic Evidence
Richmond Journal of Law and Technology2011 -
North Carolina Journal of Law and Technology U.S. Legal Holds Across Borders: A Legal Conundrum? - LanguagesEnglish - Native / Fluent
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