Kenneth N. Rashbaum advises multinational corporations, financial services organizations and life sciences organizations in the areas of privacy, cybersecurity, e-discovery for litigation and regulatory proceedings and information management. He counsels these entities on information governance and its compliance with federal, state, and non-U.S. laws and the interface of e-commerce and legal and regulatory liabilities in areas such as cybersecurity and breach response. Ken has vast experience in preparation and negotiation of technology contracts, including service level agreements and license agreements relating to compliance with data protection and privacy laws in the U.S. and other countries. He also leads information security and data breach response assessments, investigations and remediation initiatives; prepares policies for social media legal and regulatory compliance; and represents technology and life sciences organizations in federal and state investigations and audits, and in litigation.

Ken also serves as special e-discovery counsel for complex litigation and in matters in which electronic evidence from beyond the U.S. is required.  He has been recognized internationally as a thought leader in electronic discovery and disclosure, and has served as national e-discovery counsel for multinational pharmaceutical corporations and global e-discovery counsel in products liability and IP litigation.  Ken was appointed to the faculty of the Federal Judicial Center for its September 2010 session and the Georgetown Advanced E-Discovery Institute (November 2009 and December 2012 sessions) to lead sessions on international e-discovery issues and challenges. In 2019, he served as a special consultant to the New Jersey Assembly assisting in the preparation of a bill that, if passed, would become New Jersey’s first comprehensive privacy and cybersecurity law. Ken has also testified as a cybersecurity and privacy expert before the New Jersey Homeland Security and State Preparedness Committee.

In his capacity as a nationally known expert on data privacy, Ken counsels healthcare organizations on compliance with federal, state and judicial standards governing protected health information. He has served as HIPAA and privacy counsel to major hospital systems, health plans, physicians’ groups, cloud computing providers and health information application developers; advised academic hospital systems on protocols for implementation of electronic health records; and provided counsel on risk management issues in access, uses and disclosures of electronic patient information.

Ken is an Adjunct Professor of Law at Fordham University School of Law and had been a member of the Adjunct Faculty at the Maurice A. Deane School of Law at Hofstra University from 2013 – 2015.

Prior to joining Barton, Ken was a senior litigation partner in the New York office of Sedgwick LLP (formerly Sedgwick, Detert, Moran & Arnold) where he was the Founding Co-Chair of the E-Discovery, Compliance and Data Management and HIPAA Practice Groups.

Industry Experience:

  • Art, Fashion, Beauty, and Design
  • Banking and Finance
  • Finance
  • Healthcare
  • Media and Publishing
  • Real Estate
  • Technology

Honors:

  • Selected to Super Lawyers, 2018 to present
  • Team In Training, Leukemia and Lymphoma Society, Boston Marathon 2014
  • Past Member, Charter Revision Commission, South Orange, New Jersey

Memberships:

  • American Bar Association: Policy and Government Affairs Officer of the International Section
  • International Association of Privacy Professionals

Education:

  • J.D., Hofstra University School of Law
  • B.A., State University of New York at New Paltz, summa cum laude

Admissions:

  • New York State
  • U.S. District Courts: Southern, Eastern, Northern and Western Districts of New York
  • U.S. Court of Appeals, Second Circuit

Practices:

  • Cybersecurity, Data Privacy, GDPR Compliance
  • Regulatory Investigations and Enforcement
  • White Collar Defense

Presentations:

  • “Pandemics and Logistics – Meeting the International Supply Chain Challenges of the COVID-19 Crisis.” American Bar Association Section of International Law. Webinar. (April 21, 2020).
  • “GDPR & CCPA Are Fueling High Demand for On-Point RegTech Solutions.” Thomson Reuters Panel, LegalWeek 2020. New York, New York. (February 4, 2020).
  • “Real Estate Owners, Developers and Operators: Is Your Tenant and Property Information Secure?” EisnerAmper Seminar. New York, New York. (June 19, 2019).
  • “Business in 2019 is Global and the Only Constant is Change: The Legal & Regulatory Landscape of Transactions Across Borders.” DiscoverBetterLaw Seminar. New York, New York. (June 10, 2019).
  • “A Resilient Privacy Program in Today’s Climate.” Crowe Risk Consulting Group New Jersey Roundtable. Upper Montclair, New Jersey. (May 8, 2019).
  • “21st Century Business Technologies and Legal Guidance to Facilitate Them: Blockchain, Smart Contracts, Artificial Intelligence and Machine Learning.” 2019 Primerus International Convocation. Miami, Florida. (May 3, 2019).
  • Section Council Policy Deliberations. ABA International Section Annual Meeting. Washington, D.C. (April 8-11, 2019).
  • “Connecting Bridges and Borders: Company Collaboration in Today’s Competitive Market” Conference. Budapest, Hungary. (October 16, 2018).
  • “General Data Protection Regulation: A Corporate Counsel’s Guide to Advising their Clients on GDPR.” Global Cyber Institute Webinar. (June 8, 2018).
  • “Don’t Stop at HIPAA.” Esentire Webinar. May 31, 2018).
  • “GDPR: A European Privacy Conundrum or a Business Opportunity for US Companies?” Clear Law Institute Webinar Series. (January 8, 2018).
  • “Cybersecurity Regulations for Financial Services.” Investment Adviser Association Webinar Series. (April 20, 2017).
  • “Cybersecurity 2.0: What Can Boards Do Besides Lose Sleep?” National Association of Corporate Directors, New Jersey Chapter. (February 2017).
  • “Managing Information Risk in an Evolving Regulatory World.” Legal Tech New York. (February 2017).
  • “Episode 9: Pokemon Sun and Moon Leaks.” Fordham Intellectual Property, Media & Entertainment Law Journal Podcast. (November 2016).
  • “Technology and the Law: Adapting and Providing Value, a Conversation with Kenneth Rashbaum.” Legal Marketing Studio Podcast. (October 31, 2016).
  • “Defending and Enhancing Operational Integrity in Today’s Cybersecurity Landscape.” Minolta Konica All Covered Cybersecurity Program. Microsoft Event Center, New York, NY. (October 26, 2016).
  • “Complex Litigation Of Cyber Security Issues.” NJICLE Cyber Security Law Conference. New Brunswick, NJ. (June 14, 2016).
  • “Advanced Cybersecurity Law.” Pennsylvania Bar Institute. Philadelphia, PA. (June 1, 2016).
  • “Cross-Border Discovery and Information Management Times Are A-Changing.” Ing3nious Southeast eDiscovery and Information Governance Retreat. Atlanta, GA. (May 22-23 2016).
  • “Managing Vendor and Business Partner Cybersecurity Risks and Liabilities” Clear Law Institute. Philadelphia, PA. (April 26, 2016).
  • “What Happened to the US/EU Safe Harbor? The Tension Between Privacy and Business Efficiency for Multinational Companies.” LegalTech 2016. (February 4, 2016).
  • “Game Changer: Effects of the EU Safe Harbor Decision.” LegalTech 2016. (February 3, 2016).
  • “Cyber Security and Social Security.” New Jersey Society of CPAs. (January 7, 2016).
  • “Cyber Security in Health Law: Protecting Patients and Providers.” New York Law Journal Webinar. (October 20, 2015).
  • “Cyber Fraud: Fight Back!” REBNY. New York, NY. (April 23, 2015).
  • “eDiscovery Speaker Series: Responding to Government Investigations.” Driven Inc. Speaker Series. New York, NY. (April 22, 2015).
  • “Department Store Issues.” Federal Bar Association’s Fashion Law Conference. New York, NY. (March 20, 2015).
  • “Aligning the Values and Costs of Litigation Services.” Managing Litigation as a Business. Houston, TX. (February 18, 2015).
  • “The New Normal: Revisiting the Transatlantic Relationship.” International Bar Association Conference. New York, NY. (January 29, 2015).
  • “Ethics Challenges in Management of IP Litigation.” Managing Litigation as a Business. Phoenix, AZ. (January 22, 2015).
  • “Lock Out Cyber Crime: A Cybersecurity Workshop.” Barton LLP and CSA2. New York, NY. (January 13, 2015).
  •  “Exploring the Security of the Internet of Things: Trust Comes First.” Internet of Things Innovation Summit. CLSA. New York, NY. (December 12, 2014).
  • “Do You Know Where Your Data Is: A Cybersecurity Workshop.” Barton LLP and CSA2. New York, NY. (December 8, 2014).
  • “Healthcare Regulatory and Litigation Readiness.” RVM Education Center. New York, NY. (September 18, 2014).
  • “HIPAA & Secure Information Governance – Myths, Realities & Practical Solutions.” Webinar. (September 2014).
  • “Knowledge Group: Cyber Insurance – What You Need to Know in 2014.” Webinar. (July 2014).
  • “Do the Right Thing in Cyber-Space: Ethics in the Digital Age.” Chicago Bar Association. Chicago, IL. (September 2013).
  • “Cyber-Security: Legal Obligations, Precautions and Best Practices.” ABA Section of International Law-Israel Bar Association Joint Conference. Eilat, Israel. (May 2013).
  • “First Do No Harm: Preserving and Admitting Foreign ESI.” Georgetown Advanced e-Discovery Institute. (December 2012).
  • “Silicon Alley South: Cyber-Compliance and Risk Management For the Burgeoning Technology Sector in South and Central America.” American Bar Association Section of International Law, Fall Meeting. (October 2012).
  • “Where Are Your Data Tonight? Social Media and Economic Espionage.” American Bar Association Section of International Law, Spring Meeting. (April 2012).
  • “Privilege In Electronic Communications.” New York City Bar Association. (February 2012).
  • “Customs Stations On The Life Sciences Information Highway: Trans-Border Privacy and Data Protection.” New York State Bar Association-Ontario Bar Association Meeting. Toronto, Ontario. (March 2012).
  • “The Crossroads of Incident Response Planning and Data Breach Notification Obligations.” Master’s Conference. Washington, D.C. (October 2011).
  • “A Perfect (Electrical) Storm: The Electronic Health Record in Litigation and Oversight Proceedings.” AHRM-NY. (December 2010).

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