Michal E. Whitney, CIPP

Michal (Mi-KAYL) is an experienced advisor on U.S. data privacy laws and technology-driven transactions, known for her approachable style in guiding clients through complex regulatory landscapes. She specializes in internet and consumer protection laws, technology and intellectual property licensing, development, and ownership, as well as privacy and cybersecurity aspects in mergers and acquisitions.

With a comprehensive understanding of privacy frameworks and norms, Michal focuses the transactional side of her practice on data privacy, security and ownership considerations in technology and intellectual property agreements. She assists clients in negotiating agreements for software, SaaS, data storage, data use, web services and IP development. Her expertise also includes due diligence for mergers and acquisitions, where she evaluates data privacy, cybersecurity and IT risks to support strategic decisions. Michal also applies her knowledge to craft policies governing employee, contractor and service provider use of generative AI technologies.

An advocate for practical compliance, Michal regularly develops privacy policies tailored to client needs, and addresses emerging issues in e-commerce, including dark patterns, wiretapping and online privacy concerns, and compliance in programmatic marketing. She advises clients on these issues with a focus on maintaining regulatory compliance and minimizing privacy risks in online consumer interactions.

As a Certified Information Privacy Professional (CIPP), Michal stays at the forefront of federal and state privacy legislation to keep her clients well-informed of trends in online privacy, e-commerce, and data security.

She has a deep understanding of state privacy laws, including the California Consumer Privacy Act (CCPA and CPRA) and the latest laws enacted across the U.S., such as the Colorado, Connecticut, Delaware, Florida, Indiana, Iowa, Kentucky, Maryland, Minnesota, Montana, Nebraska, New Hampshire, New Jersey, Oregon, Rhode Island, Tennessee, Texas, Utah and Virginia state privacy acts. She closely monitors state legislative enactments, amendments, and rulemaking, to keep her clients informed of emerging state-specific regulations. 

Her knowledge also extends to key federal privacy regulations, including the Children's Online Privacy Protection Act, the Telephone Consumer Protection Act (TCPA), CAN SPAM, and the FTC Act.

Before transitioning to law, Michal gained valuable experience as a project manager in the commercial furniture industry where she played an instrumental role in securing and fulfilling government and education contracts and delivering tailored solutions for a diverse set of corporate clients.

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