LONDON, May 24, 2018 – As the European Union’s new General Data Protection Regulation (GDPR) comes into force on Friday, May 25, 2018, Baker Botts lawyers have released, “FAQ: ‘The Best Of’ GDPR Questions,” to prepare clients for Europe’s extensive new data protection rules.

This is the latest in a series of publications and webinars that Baker Botts lawyers have produced leading up to the introduction of this new regulation.

Palo Alto based Special Counsel Cynthia J. Cole and London based Partner Neil Coulson published the FAQ as a follow-up to their recent webinar, “A Global Paradigm Shift? General Data Protection Regulation.”

Produced in collaboration with Wolters Kluwer, Ms. Cole and Mr. Coulson, presented the webinar on April 10, 2018, on the impact GDPR will have on American companies that collect, store and analyze personal data.

“While we packed as much information as we could into the one-hour webinar, we were unable to meet the amount of questions at that time,” said Ms. Cole. “The quantity of responses received after the webinar was a telling reaction to the impending GDPR deadline.”

During Ms. Cole’s and Mr. Coulson’s webinar, they also addressed the regulation's impacts on data, cross-border transfers, consent to process, rights of data subjects, the principle of accountability under Article 5, breach obligations, and GDPR preparedness.

The webinar was a follow-on to Ms. Cole’s and Mr. Coulson’s widely-read two-part article series published in Wolters Kluwer Strategic Perspectives outlining why GDPR will impact domestic businesses, and the practical compliance steps U.S. companies can take to ensure that they are ready for the implementation.

“Preparation for GDPR does not end on May 25, 2018, and the legal and contractual landscape will continue to evolve well past May,” said Mr. Coulson. “GDPR compliance and implementation will shift based on individual fact patterns and events so we hope the FAQ provides more insight into the stricter compliance regulation for data privacy.”

“FAQ: ‘The Best Of’ GDPR Questions,” includes a general recap of GDPR followed by 14 in-depth responses to questions from the webinar attendees:

  • What is GDPR?
  • What information does it cover?
  • Why is it relevant in the United States?

Questions from Webinar Attendees:
  1. Does GDPR have a retroactive effect?
  2. Are, for example, email addresses and cell phone numbers considered personal information under GDPR?
  3. Does GDPR apply to data from EU citizens that are located within a country (like the U.S.) collected from them while they are in the U.S., for example a British national resident in the U.S. and employed by a company in the U.S.?
  4. Is there a private right of action?
  5. If a company receives personal data of EU residents and then anonymises it, can it use the anonymised data to perform analytics without further consent?
  6. How do you anonymise data?
  7. How does pseudonymous differ from anonymous?
  8. What is automated processing and what are examples of it?
  9. What constitutes lawful processing? If you can establish a basis under contract or legitimate interest, do you still need consent, particularly with reference to a B2B situation?
  10. What does it mean to process more than 5,000 data subjects in a 12-month period?
  11. Does GDPR address the individual liability of a Data Protection Officer?
  12. Can you have multiple Data Protection Officers?
  13. What is your risk if a breach is due to a subcontractor and you cannot notify it within 72 hours of it occurring?
  14. What court(s) will have jurisdiction over challenges to US-based entities?

Ms. Cole has more than 17 years of experience representing global companies and private equity in complex strategic transactions; with a focus on technology and cross-border, including with leading Telecommunications, Software/SaaS and Semiconductor.

Mr. Coulson is an intellectual property lawyer, with a broad-based practice focused on dispute resolution and the exploitation of intellectual property rights, including advising on protection strategies, the full range of commercial agreements and all matters relating to data privacy.
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Baker Botts Selects 2018 Diversity Scholarship Recipients

HOUSTON, May 16, 2018 – Baker Botts L.L.P., a leading international law firm, is pleased to announce that four students have been selected for the Baker Botts 1L Diversity Fellowship. In addition to receiving scholarship funds, each student will participate as a summer associate in the firm’s 2018 summer program. The Baker Botts 1L Diversity Fellowship provides talented law students with the opportunity to gain valuable experience at a large, global law firm.

A selection panel comprised of members of the firm’s Diversity committee carefully reviewed all applicants and have chosen four outstanding students. These students, in addition to their academic achievements, have demonstrated strong leadership attributes and a commitment to promoting diversity in the legal profession:
  • Natalie Diala, University of Houston – Houston office

  • Ohi Eromosele, Howard – New York office

  • Gina Han, UCLA – Austin office

  • Andrea Siso, Yale – Houston office

Baker Botts is committed to the recruitment, retention and development of exceptional attorneys and law students. Diverse perspectives play an integral role in the continued growth of the firm and the Baker Botts 1L Diversity Fellowship is one of many programs aimed at promoting diversity in the legal profession.

For more information on the Baker Botts 1L Diversity Fellowship, click here.
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Baker Botts Appoints New Partner in Charge for its Washington, D.C. Office

WASHINGTON, D.C., May 17, 2018 - Baker Botts L.L.P., a leading international law firm today announced the appointment of Paul Cuomo as the Partner in Charge of the firm’s Washington, D.C. office.

“Paul is an outstanding lawyer, and leader, and is ideally suited to take on these new responsibilities, having previously served as the Deputy Partner in Charge of the Washington office” said Andrew M. Baker, Managing Partner of Baker Botts.

“Washington is a key office for our firm and we have seen real momentum in the market in recent years. In addition to naming Paul as the new Partner in Charge, we announced in February that we will be moving to new office space, located at Anthem Row, a development under construction in Washington’s East End,” said Mr. Baker.

“I also want to take the opportunity to thank John Taladay, who has served as Partner in Charge since 2013, while maintaining and expanding a world class Antitrust practice. John has been an outstanding leader, and we as a firm are in his debt,” said Mr. Baker.

“As our firm’s second largest office, the Washington, D.C. office is an important part of our firm’s growth strategy. I am excited by the opportunity to work with such an outstanding group of lawyers and professional staff,” said Paul Cuomo.

Mr. Cuomo is a partner in the firm’s Antitrust and Competition Practice. He advises clients on all aspects of antitrust law, with an emphasis on U.S. and multi-jurisdictional merger reviews. In addition to appearing before the U.S. antitrust authorities, Mr. Cuomo regularly represents clients in international investigations and has appeared in person before numerous international authorities including the European Commission, the Ministry of Commerce of the People's Republic of China (MOFCOM), the Australian Competition and Consumer Commission (ACCC) and the Canadian Competition Bureau.

Mr. Cuomo has handled transactions valued at over $100 billion and has received U.S. and foreign antitrust clearances across a wide variety of industries, including oilfield products and services, metals, electric and natural gas transmission and distribution, mining and forestry equipment and services, software, pulp and paper, general industrial manufacturing and various chemical products.

Baker Botts Receives 2018 Chambers USA Award for Excellence for Client Service - Energy/Projects: Oil & Gas

HOUSTON, May 25, 2018 – Baker Botts L.L.P., a leading international law firm, announced today that the firm has won the 2018 Chambers USA Award for Excellence for Client Service - Energy/Projects: Oil & Gas.

Houston based Partner, Craig Vogelsang, accepted the award on behalf of the firm at Chambers’ annual awards ceremony in New York city on May 24, 2018.

“We are thrilled to be recognized by Chambers for a second year. This award reflects our commitment to providing first class client service to our oil and gas clients and highlights our group’s knowledge, deep experience and ongoing commitment to the oil & gas industry,” said Jason Bennett, a Houston based partner and Chair of the firm’s Global Projects practice.

In addition to this award, Baker Botts maintained its Band 1 position in Chambers USA for National: Projects: Oil & Gas for the 11th consecutive year.

Clients noted in Chambers USA 2018 guide that Baker Botts is “the cream of the crop in this area…They are extremely devoted to the interests and goals of their clients, which translates into the sterling quality of their work.”

“We trust them implicitly in all areas of the energy industry. They bring in experts, so we always get very qualified advice. Their responsiveness and willingness to always work 24/7 makes them a great partner,” another client noted.

To view Baker Botts’ complete Chambers USA results and editorial comments, click here.

FAQ: "The Best Of" GDPR Questions