1st Edition

Big Data A Business and Legal Guide

By James R. Kalyvas, Michael R. Overly Copyright 2015
    240 Pages 3 B/W Illustrations
    by Auerbach Publications

    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.

    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




    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 Li