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Data Privacy at the Crossroads of AI and Life Sciences: U.S. and EU Perspectives

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AI is transforming the life sciences industry by accelerating drug discovery and personalizing patient care. But as companies...

We are Morrison Foerster — a global firm of exceptional credentials. Our clients include some of the largest financial institutions, investment banks, and Fortune 100, technology, and life sciences companies. Our lawyers are committed to achieving innovative and business-minded results for our clients, while preserving the differences that make us stronger.Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations. Prior results do not guarantee a similar outcome.

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AI is transforming the life sciences industry by accelerating drug discovery and personalizing patient care. But as companies increasingly rely on AI to process genetic, biometric, and other types of health data, they must also comply with a constantly evolving data privacy, security, and AI regulatory landscape. In this blog post, we consider how several key data privacy, security, and AI principles impact the use of AI in life sciences.Read the full <a href="https://lifesciences.mofo.com/topics/data-privacy-at-the-crossroads-of-ai-and-life-sciences-u-s-and-eu-perspectives" target="_blank">blog post</a>.

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Melissa Crespo helps clients navigate a wide range of challenging privacy compliance and data security matters with a focus on the health information and the health care sector. She regularly helps clients develop and implement privacy compliance programs and advises companies on managing risk in connection with cutting-edge technologies and data initiatives.Melissa has particular experience in advising clients on compliance with the Health Insurance Portability and Accountability Act (HIPAA) and other laws governing the collection and use of medical and health information.Melissa regularly counsels clients responding to data breaches and security incidents. She has successfully defended clients in numerous regulatory inquiries regarding data security practices, including investigations by the Federal Trade Commission, the U.S. Department of Health and Human Services, state attorneys general, and foreign regulators following data security incidents.Melissa also advises multinational companies on the privacy and data security aspects of their M&A transactions and has experience drafting and negotiating tailored privacy and data security contract provisions.In 2019, 2020, and 2021, The Legal 500 US recognized Melissa as a “Rising Star” in the area of cyber law, data privacy, and data protection. In 2016, she was shortlisted for the “Future Leader – Gender Diversity” award at the inaugural Chambers USA Diversity Awards. Melissa was a 2015 recipient of the Burton Award for Legal Achievement, which honors excellence in legal writing.Melissa earned her J.D., cum laude, from Howard University School of Law.

Melissa Crespo

Partner

Marijn Storm specializes on the intersection of law and technology, with a focus on cutting-edge technologies, such as (generative) artificial intelligence (AI) and large language models, ethical tech, and biometrics. Based in Morrison Foerster’s Amsterdam office, he advises global companies and organizations on a wide range of their most complex and pressing privacy and data security challenges.Marijn’s deep experience in both law and technology enables him to navigate the rapidly evolving landscape of privacy, data security, and technological innovation. Bridging the gap between legal requirements and technological advancements, Marijn advises and educates in-house legal teams on how to effectively manage and oversee technical applications such as AI and, specifically, generative AI. In addition, Marijn trains technical teams on implementing technical solutions in a privacy-by-design fashion, enabling compliance with AI and data protection laws around the world.Marijn also represents clients in class action and other litigation. For example, he has defended both digital advertising and public health clients against claims of alleged GDPR violations. In addition, he counsels clients on investigating and responding to major cybersecurity and ransomware incidents, including notification and related obligations. Marijn has also assisted a number of companies in obtaining regulatory approval for their Binding Corporate Rules, in both the EU and the UK.A recognized thought leader, Marijn regularly speaks at international data protection conferences (including IAPP) on topics such as the future of behavioral biometrics, the ethical application of AI, and developments in EU class actions. Marijn frequently publishes articles and client alerts on a variety of evolving topics, such as the EU AI Act and the NIST AI Risk Management Framework. Since 2019, he has been a guest lecturer at the Tilburg Institute for Law, Technology, and Society, where he teaches Algorithmic Accountability within the biannual course on AI & Law.Marijn is a Dutch-qualified lawyer and is fluent in Dutch and English.

Marijn Storm

Marian Waldmann Agarwal is a partner in the Privacy + Data Security Group at Morrison Foerster. She also co-leads the firm’s Artificial Intelligence Group and is a member of the global Environmental, Social, and Governance (ESG) Responsible Tech Committee. Marian’s unique blend of business and legal skills, honed through her background in information systems and business management, is a key asset in her role. Her in-house experience as a secondee to two different companies has provided her with firsthand knowledge of the internal business needs required for company initiatives to succeed. Marian has been instrumental in advising global clients on the developing field of AI. Clients seek her guidance due to her extensive understanding of, and experience with, the ethical use of AI and the developing legal compliance requirements, including data privacy and regulatory provisions, in connection with the design and implementation of innovative AI tools. Her work extends to helping clients identify and mitigate the potential risks associated with AI technologies.Marian counsels clients across a range of industries, including technology, finance, consumer goods and services, healthcare, insurance, media, and hospitality. She assists in designing and building their privacy programs, advising on compliance with U.S. and foreign privacy and data protection laws, such as the California Consumer Privacy Act (CCPA) and the EU’s General Data Protection Regulation (GDPR). Her work includes drafting internal policies, procedures, and guidelines for legal and non-legal audiences that incorporate privacy best practices and legal requirements in daily operations. One of Marian’s core strengths is her ability to comprehensively assess and improve privacy programs, and ensure they remain compliant with evolving privacy laws and regulations. She also drafts and negotiates contracts to protect clients’ data in key commercial agreements, advises on cross-border data transfer issues, and assists with completing multijurisdictional surveys of privacy obligations.In addition, Marian uses her privacy, data security, and AI implementation skills to provide pro bono counseling services to a variety of non-profit clients.Marian received her J.D. from University of Pennsylvania Law School in 2004 and her B.S. and M.B.A. from the State University of New York at Buffalo in 1999. Prior to attending law school, she worked as an application specialist for a small software company.

Marian A. Waldmann Agarwal

Joshua R. Fattal is an associate in Morrison Foerster’s Privacy + Data Security Group. He advises clients across industries on data protection best practices with a focus on emerging issues at the intersection of data privacy, security, and new technologies, including artificial intelligence (AI) and national security regulations pertaining to sensitive U.S. personal data.Joshua regularly counsels clients ranging from startups to multinational corporations on the legal implications of using AI and large language models (LLMs). He advises on compliance with global AI regulations, including the EU AI Act and Colorado AI Act, and provides guidance on AI governance, responsible AI use, and generative AI best practices.He also advises clients on compliance with U.S. laws governing the protection of sensitive data from adversary countries. He has assisted in clients’ complex due diligence of their data use and disclosure practices and in developing cross-functional compliance programs to meet evolving cross-border data transfer requirements.Joshua’s experience spans a variety of industries, including technology, life sciences, edtech, fintech, crypto, and consumer services. He counsels clients on compliance under local, state, and federal privacy regulations such as the California Consumer Privacy Act (CCPA), biometric and financial data privacy laws, and cybersecurity regulations. He also guides clients through compliance with international frameworks like the General Data Protection Regulation (GDPR), the EU-U.S. Data Privacy Framework, and the EU ePrivacy Directive.His practice encompasses data incident response strategies, including breach investigations and regulatory notifications. He also conducts privacy and cybersecurity due diligence for corporate transactions and advises on information security policies, cybersecurity governance, vendor risk management, and privacy-by-design product development.Joshua maintains an active pro bono practice. He has successfully secured asylum for multiple clients, including a Cameroonian political activist and a Honduran survivor of gender-based violence. He has also represented tenants in housing litigation and advised nonprofits on privacy and cybersecurity matters.Joshua earned his J.D. from NYU School of Law, where he graduated cum laude, was a Robert McKay Scholar, and received the full tuition ASPIRE Cybersecurity Scholarship. He received his B.A., magna cum laude, from Columbia University and is a member of Phi Beta Kappa. He previously served in the U.S. Intelligence Community, including as an attorney advisor in the Intelligence Law Division at the U.S. Department of Homeland Security. He also clerked for the Honorable Sarah Netburn, U.S. Magistrate Judge in the Southern District of New York.

Joshua Fattal

Associate

Katherine Wang is an associate in the Privacy + Data Security Group of Morrison Foerster’s Boston office.Katherine’s practice focuses on privacy and data security matters relating to regulatory compliance, litigation, and transaction diligence. Before joining Morrison Foerster, Katherine externed in the Privacy Unit of the California Department of Justice, Office of the Attorney General, where she assisted with California Consumer Privacy Act (CCPA) investigations, and in the Technology and Civil Liberties Program of the ACLU of Northern California. She was a member of the Samuelson Law, Technology and Public Policy Clinic and served as co-president of Privacy Law at Berkeley and senior online content editor of the Berkeley Technology Law Journal. She also worked as a teaching assistant for four courses relating to artificial intelligence, ethics, and strategic planning at Haas School of Business.Katherine received her J.D. from the University of California, Berkeley, School of Law with a Law and Technology Certificate. She is a Certified Information Privacy Professional (CIPP/US) and Certified Information Privacy Manager (CIPM). Katherine received her B.A. in philosophy, magna cum laude and Phi Beta Kappa, from Wellesley College, where she conducted research on the intersection of law and emerging technologies at MIT Sloan School of Management.She currently serves on the Young Lawyers Advisory Panel for the American Bar Association’s Privacy and Information Committee within the Antitrust Section and on the Junior Board of the Surveillance Technology Oversight Project.

Katherine Wang

Artificial Intelligence (AI)

Life Sciences + Healthcare

Privacy + Data Security