Wendell Bartnick

Wendell J. Bartnick is an associate in the firm’s IP, Tech & Data Group. He has a computer science background and extensive experience advising on privacy, data protection, and e-commerce matters. Wendell provides public and private clients in various industries with advice on regulatory compliance, technology-related agreements, and data breach response efforts.

Wendell focuses his practice on federal and state privacy and data protection laws and guidance, including industry sector-specific laws and best practices such as in financial services (GLBA, FCRA, PCI DSS), health (HIPAA), and education (FERPA). He counsels Internet start-up clients on reducing risk in a practical and affordable manner, and drafts online terms & conditions and privacy policies for them.

He counsels companies, including those in the energy and healthcare sectors, on their privacy and data-security compliance obligations with respect to employee data, marketing campaigns, vendor risk management, big data, biometric data, employee monitoring, and other collection and uses of personal information.

He helps draft internal policies and procedures (particularly with respect to GDPR compliance), perform privacy impact assessments, and design online products and services to reduce legal risk.

Wendell regularly advises clients on various deals where personal information is involved. He represents technology service providers when negotiating master service, confidentiality and other agreements with their business customers, and vice versa. He has also supports M&A and financing deals to help the parties through the privacy and data security-related diligence process and negotiating the associated terms of the deal.

Wendell frequently helps clients handle data security incidents from start to finish. He helps manage and implement incident response efforts, including managing consultants, drafting voluntary and legally required notices, and communicating with law enforcement and other government officials.

Wendell represents clients in privacy, data security, e-commerce, and other consumer protection-related litigation and government investigations, including before the Federal Trade Commission and state attorneys general.

Education :

• George Mason University School of Law, 2008, J.D., magna cum laude
• Macalester College, 1999, B.A., magna cum laude

Professional Admissions & Qualifications :

• Texas
• District of Columbia
• Maryland
• Virginia

Professional Affiliations : CIPP/US Certified

EXPERIENCE :

• Advising clients with respect to data collection, handling and sharing practices involving personal information and other sensitive information.
• Assisting enterprises in responding to information security incidents.
• Advising non-profits and companies ranging in size from privately funded start-ups to large, multinational public companies in connection with risk management associated with new product and service offerings, especially in Internet, mobile, and health IT environments.
• Counselling clients on compliance with the EU’s General Data Protection Regulation and EU-U.S. Privacy Shield compliance.
• Representing clients in governmental investigations, especially at the Federal Trade Commission and state attorneys general.
• Handling privacy and data protection related issues in connection with mergers and acquisitions, IPOs, venture capital financings for issuers, underwriters and their advisers especially as they relate to cross border data transfers and the information practices of regulated industries.
• Advising clients on commercial contracts and tech transactions, with a focus on data collection, use, sharing, and security.
• Counselling clients on written information security policies, incident response plans, and other corporate policies addressing information governance, technical infrastructure, and cybersecurity risk management.