Sharon R. Klein
Orange County, CA
CHAIR, PRIVACY, SECURITY & DATA PROTECTION PRACTICE
Sharon advises businesses on assessing and mitigating risks related to the privacy and security of personal data, ownership, and commercialization of data artificial intelligence; planning, drafting, and implementing privacy, security, and data protection policies and “best practices”; compliance with global, federal, and state privacy and security laws, regulations, and rules; data governance; and breach response, crisis management, and remedies for non-compliance. She is certified as an information privacy professional by the International Association of Privacy Professionals.
Sharon has deep experience in negotiating and drafting complex technology and cloud transactions, licensing, and strategic IT and commercial agreements. She is active in many organizations involved in technology, data privacy and security, and health information. For example, Sharon is a member of a U.S. Department of Health and Human Services task force that is addressing aligning healthcare industry security approaches to responding to cybersecurity threats under the Cybersecurity Information Sharing Act of 2015. She also is a commissioner of the Electronic Healthcare Network Accreditation Commission, a voluntary, self- governing standards development organization established to develop standard criteria and accredit organizations that electronically exchange health care data.
Sharon brings more than 40 years’ experience to Blank Rome, advising clients on data privacy, cybersecurity, and complex technology transactions. Her acumen in data privacy stems from her significant experience executing outsourcing and technology contracts, but also from the 12 years she spent as associate general counsel at Siemens Medical Solutions USA where she notably focused on operationalizing healthcare and life science regulations, including HIPAA/HITECH and the Common Rule in research.
Providing breach response and breach coaching to evaluate and mitigate cyber risk.
Advising companies on data governance and privacy regulations in acquisitions and product launches.
Advising on privacy, security, data management, and online advertising issues, including HIPAA, Gramm-Leach-Bliley, CAN-SPAM, EU and global data protection, artificial intelligence, cloud computing, and digital health.
Structuring outsourcing transactions (some exceeding one billion dollars) to transfer all mainframe, server, desktop, LAN-WAN equipment, application development, and all IT personnel supporting such technology to major outsourcing vendors (including offshore), developing service levels to facilitate optimum performance and providing privacy and security advice relating to offshore processes.
Structuring a variety of e-commerce arrangements, including web development and hosting agreements, electronic marketplaces, lead generation, and EDI, including regulatory advice in privacy; security; CAN-SPAM; COPPA and state, federal, and international legislation.
Advising a large manufacturer of consumer electronics developing and commercializing technology innovations, with a vendor of remote access technology to allow home monitoring for healthcare and other purposes. Such advice included structuring strategic alliances and licenses protecting intellectual property and resolving issues involving complex ownership and licensing rights, as well as negotiating agreements for the licensing, maintenance, support, and acquisition of computer hardware, software, databases, telecommunications, and networking.
Structuring strategic alliances, mergers and acquisitions, and joint ventures.
Drafting complex commercial transactions for a leading manufacturer of consumer electronics involving product launch and product life cycle, including 1) combining licensed works into a solution and defining the parties’ respective ownership rights; 2) structuring OEM and ODM manufacturing agreements to build the product; 3) drafting end-user customer licenses; 4) developing supply agreements for product resale; and 5) structuring channel distribution agreements.
2021, Top Data Privacy Author, JD Supra Readers’ Choice Award
Sharon is certified as an information privacy professional by the International Association of Privacy Professionals. She serves as a board member of the Girl Scouts of Orange County; a member of HIMSS (Healthcare Information and Management Systems Society); a commissioner of the Electronic Healthcare Network Accreditation Commission; and a member of the U.S. Department of Health and Human Services task force working to promote national cybersecurity standards.
Sharon previously served as a law clerk for the Hon. J. William Ditter, Jr., U.S. District Court for the Eastern District of Pennsylvania. During law school, she was the executive editor of the Temple Law Review. She graduated from Syracuse University, summa cum laude, Phi Beta Kappa.
OUTSIDE THE FIRM
Sharon enjoys dinners with her historian husband and her high-school age son. The two cats sometimes make an appearance.