Jake Barr

Privacy/Artificial Intelligence Counseling and Compliance

• Overhauled a leading ed-tech company’s policies, procedures, and governance to ensure compliance with COPPA and FERPA.
• Counseled a cutting edge ed-tech company on its obligations under COPPA, FERPA, SOPIPA and new artificial intelligence (AI) regulations to make sure its use of student data for AI products was compliant with applicable law.
• Counsel numerous venture capital firms, hedge funds, asset management firms, private equity companies, technology companies, real estate developers, biotech companies, clinical research organizations, pharmaceutical companies, academic medical centers, and healthcare systems on compliance with the DOJ’s Data Security Program and the Protecting Americans’ Data from Foreign Adversaries Act.
• Drafted comments for leading financial trade associations on the Cybersecurity and Infrastructure Security Agency’s Notice of Proposed Rulemaking to establish the first cross-sectoral federal cybersecurity incident and ransomware payment reporting system.
• Drafted comments for leading financial trade associations on the Department of Justice’s Advance Notice of Proposed Rulemaking and Notice of Proposed Rulemaking regarding its Data Security Program.
• Conduct privacy and cybersecurity compliance review for the portfolio companies of two large, international private equity firms.
• Advise academic medical center on its obligations under TCPA regulations.
• Assist managing and updating Ropes & Gray’s AI Court Order Tracker.

Cybersecurity and Incident Response

• Counsel numerous technology, ed-tech, asset management, information technology, transportation, cloud computing, and mining companies in responding to cybersecurity incidents and assessing their notification obligations under international, federal, and state breach notification laws.
• Conduct cybersecurity evaluation of leading private equity company’s portfolio companies.

Litigation, Arbitration, and Government Investigations

• Counsel to large ed-tech provider in multiple putative consumer class actions related to the company’s data privacy practices.
• Counsel to large financial institution in connection with a government investigation into its cybersecurity practices.
• Counsel to clinical research company in a putative consumer class action arising out of an alleged cybersecurity incident.
• Counsel to therapy provider in a putative consumer class action related to the company’s use of web tracking technologies on its digital platforms.
• Counsel to multiple healthcare and ecommerce companies in responding to arbitration demands related to allegations that certain web tracking and other technologies deployed on the companies’ digital platforms violate wiretapping statutes, common law privacy torts, and larceny statutes.

Transactions

• Advised Bain Capital in a transaction to acquire PowerSchool Holdings, Inc, a leading provider of cloud-based software for K-12 education. The transaction values PowerSchool at $5.6 billion.
• Advised Haveli Investments, a technology-focused private equity firm, in its acquisition of ZeroFox Holdings, Inc., a provider of external cybersecurity. The definitive agreement is an all-cash transaction with an enterprise value of approximately $350 million.
• Advised Cardinal Health in an agreement to acquire Integrated Oncology Network (ION), an independent community oncology network, for $1.115 billion in cash.
• Advised Cadre Holdings in its $106.5 million acquisition of Alpha Safety Intermediate, a provider of specialized safety products and services focused on the nuclear industry.
• Advised Genstar Capital in its majority investment in Flourish Research, an NMS Capital portfolio company and leading multi-site clinical trial organization focused on cardiovascular, metabolic, neuroscience, and infectious disease therapeutic areas.
• Advised New Mountain Capital in its growth investment in Access Healthcare, a technology-enabled platform for revenue cycle management intended for the healthcare industry.
• Advised General Atlantic in a significant growth investment in U.S. Urology Partners.
• Advised Gauge Capital and its platform Soleil Collective in acquiring a majority stake in Coco & Eve, an Australian beauty brand selling hair and skincare products.
• Advised TSG Consumer in its' strategic growth investment of DUDE Wipes, a personal hygiene company recognized for its flushable wipes.
• Advised Planet Fitness, Inc. in an $800 million whole business securitization add-on and $280 million accelerated share repurchase agreement with Citibank.
• Advised GI Partners and its portfolio company Sectigo, a global leader in digital certificates and automated certificate lifecycle management, in Sectigo's purchase of Entrust's public certificate business.

Pro Bono

• Counsel to the Virginia NAACP in its suit against the Governor of Virginia in a Virginia FOIA case regarding compliance with Virginia’s diversity, equity, and inclusion law.
• Assisted in securing a preliminary injunction suspending enforcement of the employer provisions of Florida's HB 7, also known as the Stop WOKE Act.
• Drafted internal and external privacy policies and procedures for an international non-profit involved in making loans to rural businesses in Africa, Latin America, and Southeast Asia.
• Counsel to LGBTQ asylum seeker from Honduras on his application for asylum.