Michael K. Bydalek

(402) 231-8807
Partner
(402) 346-1148 Fax
Michael.Bydalek@KutakRock.com

Michael Bydalek is a partner in the Intellectual Property and Technology Transactions Group. He heads the Technology Transactions practice. He routinely advises clients from a variety of commercial sectors such as financial services, retail and health care in all aspects of technology transactions and the use and handling of sensitive personal information.

Mr. Bydalek’s expertise covers both commercial and regulatory elements associated with technology and data. He brings a wealth of experience in, and a unique perspective on, technology and data privacy and security, having negotiated technology transactions with the worldwide leaders in the software, hardware and cloud services spaces. While his current practice is focused on technology transactions, Mr. Bydalek began as a complex commercial litigator before serving in-house as a technology attorney for a Fortune 100 company. His rich experiences from both the perspective of a litigator and in-house counsel have made him an effective, thoughtful and pragmatic negotiator for his clients.

Technology Transactions.

  • Preparing and negotiating technology agreements for clients in the areas of complex software and maintenance services, health information technology and services, and custom software development.
  • Negotiating multimillion-dollar technology agreements in the areas of complex software and maintenance services, health information technology and services, and custom software development.
  • Negotiating complex data use agreements for big data and related analytics.
  • Advising clients regarding the use and deployment of cloud services, colocation leases, and data centers.
  • Developing internal open source software policies for clients’ legal and IT teams.
  • Creating technology vendor due-diligence policies, including form contracts, onboarding materials, audit checklists, and negotiation playbooks.

Financial Services Technology.

  • Preparing and negotiating software and services agreements for consumer-facing financial products and services.
  • Advising clients regarding the use of cloud service providers and personal financial records.
  • Advising covered entities and business associates regarding privacy and security obligations associated with the collection and use of personal financial information.

Privacy and Data Security.

  • Providing guidance on state and federal laws, best practices, and industry standards regarding the collection and use of sensitive personal data.
  • Assisting organizations, including health care, financial services and technology companies, to establish, document, and enforce information security policies and procedures that comply with applicable laws (e.g., HIPAA, GLBA, etc.) and industry standards.
  • Providing real-time response and legal guidance for clients who have experienced a cybersecurity incident or other data breach.

Internet of Things.

  • Advising clients on the collection and use of customer information from a variety of sources, such as websites, mobile devices, health care devices, and personal fitness devices.
  • Assisting to implement privacy by design, informed by applicable laws and security frameworks.