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Cynthia Cole

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Cynthia Cole is an Intellectual Property Partner in Baker McKenzie's Palo Alto office, as well as a former CEO and General Counsel. Before joining the Firm, Cynthia was Deputy Department Chair of the Corporate Section in the California offices of Baker Botts where she built the technology transactions and data privacy practice. An intellectual property transactions attorney, Cynthia also has expertise in digital transformation, data privacy, and cybersecurity strategy. She advises clients across a wide range of industries including Technology, Media & Telecoms, Energy, Mining & Infrastructure, Healthcare & Life Sciences, and Industrials, Manufacturing & Transportation. Cynthia has deep experience in complex cross-border, IP, data-driven and digital transactions, creating bespoke agreements in novel technology fields. She acts as outside general counsel to a number of executive teams and boards of directors.

If you are a data broker or a business that relies on data brokers for targeted advertising, you should be aware that the California Data Broker Law will be significantly changed under the California Delete Act, which was signed into law by California Governor Newsom on 10 October 2023. Under the act, the California Privacy Protection Agency (CPPA) is required to set up, by 1 January 2026, an accessible deletion mechanism where consumers can request deletion via the CPPA that all data brokers then have to honor.

On 29 May 2023, Texas’s H.B. 4, also known as the Texas Data Privacy and Security Act, passed in the Texas legislature. The Texas Data Privacy and Security Act joins the growing number of states that have passed or enacted legislation in 2023, including Iowa, Indiana, Tennessee and Montana, and more are expected in the coming months.

Artificial intelligence and machine learning technology is driving important new business opportunities across a growing number of industry sectors, including consumer goods and retail. Many CG&R companies are looking into how AI can enhance their business processes and customer interactions and with generative AI and the arrival of ChatGPT, the scope for application is staggering.

The early months of 2023 have brought a bumper crop of new state privacy legislation, with Tennessee and Montana legislatures poised to become the eighth and ninth states to enact comprehensive privacy laws. The Tennessee Information Protection Act and Montana Consumer Data Privacy Act, which both passed with unanimous votes out of their respective legislatures on 21 April 2023, follow the recent passage of privacy laws in Iowa and Indiana. The bills now land on their governors’ desks for signature. While the bills hew to broad trends in state privacy laws, each contains novel provisions.

Where does the responsibility lie for an acquiring company to understand and evaluate cyber risks in an acquisition? How can these risks be identified and mitigated in the middle of a fast-paced deal? A data breach can have serious financial consequences to both the buyer and the seller. A significant security breach can lead to a nearly instantaneous devaluation of assets and can severely damage the acquiring company’s business viability, raising serious questions as to purchase price and follow-on integration issues.