Big Data: A Business and Legal Guide, 1st Edition (Hardback) book cover

Big Data

A Business and Legal Guide, 1st Edition

By James R. Kalyvas, Michael R. Overly

Auerbach Publications

240 pages | 3 B/W Illus.

Purchasing Options:$ = USD
Hardback: 9781466592377
pub: 2014-09-03
SAVE ~$12.99
eBook (VitalSource) : 9780429165535
pub: 2014-09-03
from $32.48

FREE Standard Shipping!


Big Data: A Business and Legal Guide supplies a clear understanding of the interrelationships between Big Data, the new business insights it reveals, and the laws, regulations, and contracting practices that impact the use of the insights and the data. Providing business executives and lawyers (in-house and in private practice) with an accessible primer on Big Data and its business implications, this book will enable readers to quickly grasp the key issues and effectively implement the right solutions to collecting, licensing, handling, and using Big Data.

The book brings together subject matter experts who examine a different area of law in each chapter and explain how these laws can affect the way your business or organization can use Big Data. These experts also supply recommendations as to the steps your organization can take to maximize Big Data opportunities without increasing risk and liability to your organization.

  • Provides a new way of thinking about Big Data that will help readers address emerging issues
  • Supplies real-world advice and practical ways to handle the issues
  • Uses examples pulled from the news and cases to illustrate points
  • Includes a non-technical Big Data primer that discusses the characteristics of Big Data and distinguishes it from traditional database models

Taking a cross-disciplinary approach, the book will help executives, managers, and counsel better understand the interrelationships between Big Data, decisions based on Big Data, and the laws, regulations, and contracting practices that impact its use. After reading this book, you will be able to think more broadly about the best way to harness Big Data in your business and establish procedures to ensure that legal considerations are part of the decision.

Table of Contents

A Big Data Primer for Executives; James R. Kalyvas and David R. Albertson

What Is Big Data?

Characteristics of Big Data


The Internet of Things and Volume




Cross-Disciplinary Approach, New Skills, and Investment

Acquiring Relevant Data

The Basics of How Big Data Technology Works



Overview of Information Security and Compliance: Seeing the Forest for the Trees; Michael R. Overly


What Kind of Data Should Be Protected?

Why Protections Are Important

Common Misconceptions about Information Security Compliance

Finding Common Threads in Compliance Laws and Regulations



Information Security in Vendor and Business Partner Relationships; Michael R. Overly


Chapter Overview

The First Tool: A Due Diligence Questionnaire

The Second Tool: Key Contractual Protections


Specific Information Security Obligations


Limitation of Liability


Audit Rights

The Third Tool: An Information Security Requirements Exhibit


Privacy and Big Data; Chanley T. Howell


Privacy Laws, Regulations, and Principles that Have an Impact on Big Data

The Foundations of Privacy Compliance




Fair Credit Reporting Act

Consumer Reports

Increased Scrutiny from the FTC

Implications for Businesses

Monetizing Personal Information: Are You a Data Broker?

The FTC’s Reclaim Your Name Initiative


Online Behavioral Advertising

Best Practices for Achieving Privacy Compliance for Big Data Initiatives

Data Flow Mapping Illustration


Federal and State Data Privacy Laws and Their Implications for the Creation and Use of Health Information Databases; M. Leeann Habte


Chapter Overview

Key Considerations Related to Sources and Types of Data

PHI Collected from Covered Entities Without Individual Authorization

Analysis for Covered Entities’ Health Care Operations

Creation and Use of Deidentified Data

Strategies for Aggregation and Deidentification of PHI by Business Associates

Marketing and Sale of PHI

Creation of Research Databases for Future Research Uses of PHI

Sensitive Information

Big Data Collected from Individuals

Personal Health Records

Mobile Technologies and Web-Based Applications


State Laws Limiting Further Disclosures of Health Information

State Law Restrictions Generally

Genetic Data: Informed Consent and Data Ownership



Big Data and Risk Assessment; Eileen R. Ridley


What Is the Strategic Purpose for the Use of Big Data?

How Does the Use of Big Data Have an Impact on the Market?

Does the Use of Big Data Result in Injury or Damage?

Does the Use of Big Data Analysis Have an Impact on Health Issues?

The Impact of Big Data on Discovery


Licensing Big Data; Aaron K. Tantleff


Protection of the Data/Database Under Intellectual Property Law


Trade Secrets

Contractual Protections for Big Data

Ownership Rights

License Grant



Salting the Database



Revenue Models

Price Protection




Limitation of Liability



The Antitrust Laws and Big Data; Alan D. Rutenberg, Howard W. Fogt, and Benjamin R. Dryden


Overview of the Antitrust Laws

Big Data and Price-Fixing

Price-Fixing Risks

"Signaling" Risks

Steps to Reduce Price-Fixing and Signaling Risks

Information-Sharing Risks

Data Privacy and Security Policies as Facets of Nonprice Competition

Price Discrimination and the Robinson-Patman Act



The Impact of Big Data on Insureds, Insurance Coverage, and Insurers; Ethan D. Lenz and Morgan J. Tilleman


The Risks of Big Data

Traditional Insurance Likely Contains Significant Coverage Gaps for the Risks Posed by Big Data

Cyber Liability Insurance Coverage for the Risks Posed by Big Data

Considerations in the Purchase of Cyber Insurance Protection

Issues Related to Cyber Liability Insurance Coverage

The Use of Big Data by Insurers

Underwriting, Discounts, and the Trade Practices Act

The Privacy Act

Access to Personal Information

Correction of Personal Information

Disclosure of the Basis for Adverse Underwriting Decisions

Third-Party Data and the Privacy Act

The Privacy Regulation



Using Big Data to Manage Human Resources; Mark J. Neuberger


Using Big Data to Manage People

Absenteeism and Scheduling

Identifying Attributes of Success for Various Roles

Leading Change

Managing Employee Fraud

Regulating the Use of Big Data in Human Resource Management

Antidiscrimination under Title VII

The Genetic Information and Nondiscrimination Act of 2007

National Labor Relations Act

Fair Credit Reporting Act

State and Local Laws



Big Data Discovery; Adam C. Losey


Big Data, Big Preservation Problems

Big Data Preservation

The Duty to Preserve: A Time-Tested Legal Doctrine Meets Big Data

Avoiding Preservation Pitfalls

Failure to Flip the Off Switch

The Spreadsheet Error

The Never-Ending Hold

The Fire and Forget

Deputizing Custodians as Information Technology Personnel

Pulling the Litigation Hold Trigger

Big Data Preservation Triggers

Big Database Discovery

The Database Difference

Databases in Litigation

Cooperate Where You Can

Object to Unreasonable Demands

Be Specific

Talk about Database Discovery Early in the Process

Big Data Digging

Driving the CAR Process

The Clawback

Judicial Acceptance of CAR Methods





About the Authors

James R. Kalyvas is a partner with Foley & Lardner LLP and a member of the firm’s national Management Committee. He is the firm’s chief strategy officer, chair of the firm’s Technology Transactions and Outsourcing Practice, and a member of the Technology and Health Care Industry Teams. Mr. Kalyvas advises companies, public entities, and associations on all matters involving the use of information technology, including structuring technology initiatives (e.g., outsourcing, ERP, CRM); vendor selection (RFP strategies, development, and response review); negotiations; technology implementation (professional service agreements, SOWs, and SLAs); and enterprise management of technology assets. Mr. Kalyvas specializes in structuring and negotiating outsourcing transactions, enterprise resource planning initiatives, and unique business partnering relationships.

He has incorporated his experience in handling billions of dollars of technology transactions into the development of several proprietary tools relating to the effective management of the technology selection, negotiation, implementation, and management processes. Mr. Kalyvas has been Peer Review Rated as AV® Preeminent™, the highest performance rating in Martindale-Hubbell’s peer review rating system and in 2010–2013, the Legal 500 recognized him for his technology work, specifically in the areas of outsourcing and transactions. In addition, Mr. Kalyvas was recognized in Chambers USA for his technology transactions and outsourcing work (2012 and 2013), and the International Association of Outsourcing Professionals recognized Foley & Lardner on its 2013 "World’s Best Outsourcing Advisor" list. Mr. Kalyvas has authored articles and books relating to software licensing and the negotiation of information systems.

He coauthored the publication Software Agreements Line by Line (Aspatore Books, 2004) and Negotiating Telecommunications Agreements Line by Line (Aspatore Books, 2005). Together with colleagues in his practice, Mr. Kalyvas coauthored the whitepaper "Cloud Computing: A Practical Framework for Managing Cloud Computing Risk."

Michael R. Overly is a partner in the Technology Transactions and Outsourcing Practice Group in Foley & Lardner’s Los Angeles office. As an attorney and former electrical engineer, his practice focuses on counseling clients regarding technology licensing, intellectual property development, information security, and electronic commerce. Mr. Overly is one of the few practicing lawyers who has satisfied the rigorous requirements necessary to obtain the Certified Information Systems Auditor (CISA), Certified Information Systems Security Professional (CISSP), Information Systems Security Management Professional (ISSMP), Certified in Risk and Information Systems Controls (CRISC), and Certified Information Privacy Professional (CIPP) certifications. He is a member of the Computer Security Institute and the Information Systems Security Association.

Mr. Overly is a frequent writer and speaker in many areas, including negotiating and drafting technology transactions and the legal issues of technology in the workplace, email, and electronic evidence. He has written numerous articles and books on these subjects and is a frequent commentator in the national press (e.g., The New York Times, Chicago Tribune, Los Angeles Times, Wall Street Journal,, CNN, and MSNBC). In addition to conducting training seminars in the United States, Norway, Japan, and Malaysia, Mr. Overly has testified before the US Congress regarding online issues. Among others, he is the author of the bestselling e-policy: How to Develop Computer, Email, and Internet Guidelines to Protect Your Company and Its Assets (AMACOM, 1998), Overly on Electronic Evidence (West Publishing, 2002), The Open Source Handbook (Pike & Fischer, 2003), Document Retention in the Electronic Workplace (Pike & Fischer, 2001), and Licensing Line by Line (Aspatore Press, 2004).

Subject Categories

BISAC Subject Codes/Headings:
BUSINESS & ECONOMICS / Management Science
COMPUTERS / Information Technology
LAW / Medical Law & Legislation