Chanley T. Howell

Partner

Overview

Chanley T. Howell is a partner and intellectual property lawyer with Foley & Lardner LLP, where his practice focuses on a broad range of technology law matters. He is a member of the firm's Technology Transactions & Outsourcing and Privacy, Security & Information Management Practices and the Sports, Health Care and Automotive Industry Teams.

Chanley represents companies in a variety of technology law areas, such as:

  • Data Privacy and Security Compliance – Counsel and advise clients with respect to compliance with data privacy and security laws requirements and obligations, including federal privacy laws (Gramm-Leach-Bliley, HIPAA, telemedicine); consumer protection / marketing laws (TCPA, CAN-SPAM, COPPA); FTC privacy requirements, investigations and enforcement actions; state data privacy, security and breach notification laws; EU Privacy Shield compliance and certification; regulatory risk assessment and compliance audits; privacy and information security policies; records retention, destruction and management policies.
  • Software Agreements – Software licensing, software support and maintenance; joint development, IT professional and consulting services; software license audits and disputes 
  • Technology Agreements – IT outsourcing; EHR (electronic health record) system agreements; ERP licensing, acquisition and implementation agreements; telemedicine related agreements and policies; patent, copyright and trademark licenses; joint development and marketing agreements; telecommunications agreements; technology acquisition and distribution agreements; IT/IP due diligence for mergers and acquisitions 
  • Internet – Online and electronic contracts and agreements, ESIGN issues, telemedicine, domain names, website terms and conditions, privacy policies, social media policies

Recognition

In recognition of his experience, Chanley has been Peer Review Rated as AV® Preeminent™, the highest performance rating in Martindale-Hubbell's peer review rating system and in 2011-2014 and 2016, The Legal 500 recognized Chanley for his work in technology: data protection and privacy. In 2014, he was named one of Jacksonville's "Top Lawyers" by 904 Magazine.

Education

  • University of Florida Colle of Law, (J.D., 1988)
    • Graduated with honors
  • Vanderbilt University, (B.A., cum laude, 1985)
    • Former chairman, Alumni Board
    • Former member, Board of Trustees for the Bolles School

Certifications

Chanley is a certified information privacy professional/US (CIPP/US), certified by the International Association of Privacy Professionals.

Admissions and Affiliations

  • Founder/former chairman, Intellectual Property section of The Jacksonville Bar Association
  • Member, Intellectual Property Law and Business Law sections of The Florida Bar
  • Member, Intellectual Property and Business Law sections of the American Bar Association
  • Member, Intellectual Property and Business Law sections of The Jacksonville Bar Association
  • Member, Fourth Judicial Circuit Grievance Committee
  • Professional responsibility partner, Foley Jacksonville office

Representative Matters

  • Provided general representation of the Jacksonville Jaguars in connection with information technology, privacy and security compliance, and counseling
  • General representation of Tech Data Corporation in connection with information technology transactions counseling and related matters
  • Ongoing representation in connection with drafting and negotiation information technology agreements, including software license agreements, cloud based and software-as-a-service agreements, technology services agreement, data security requirements and protections and vendor due diligence
  • Worked with client-side management and information technology personnel to design and draft information security and privacy breach policies
  • Designated website terms of service, privacy policy, and copyright policy for insurer
  • Work with client-side management to develop and implement telephone monitoring policies governing monitoring and recording of telephone calls and electronic communications
  • Broad based and ongoing representation of Regency Centers, a national REIT, in connection with information technology matters, and privacy and security and M&A projects
  • Broad based and on-going privacy and security counseling for Wyndham Worldwide
  • Represent Pilte Homes, Inc, the largest homebuilder in the United States, in ongoing privacy compliance work and in a unique Computer Fraud and Abuse Act brought against a union, based upon its use of email and telephones. Foley obtained a reversal of a district court ruling that a union's alleged misuse of phone system and emails did not state a claim of violation of the CFAA
  • Assisted Dun & Bradstreet with development and implementation of company-wide records management and retention policy
  • Developed multiple mobile application privacy policies for national and international companies in various industries, including retail, professional services and energy

Publications and Presentations

Chanley routinely speaks and writes regarding various information technology law issues. Recent books, articles and presentations include:

  • Presenter, "Acquiring Software and Related Technology – Strategies and Business Models," CLE and Business Training for Firm Client (October 12, 2017)
  • Co-author, “Cybersecurity and the New Trump Administration: Your Top Ten Questions Answered,” Legal News: Cybersecurity (April 27, 2017)
  • Author, “The Top Six Takeaways from Auto-ISAC's and NHTSA’s Cybersecurity Best Practices,” Dashboard Insights (March 2, 2017)
  • Presenter, “Recent Developments and Trends in Telemedicine Cybersecurity,” Washington Psychiatric Society (September 25, 2016)
  • Presenter, “Privacy, Data Security & Cyber-Security in 2016 and Beyond – CFPB Enforcements & Lawsuits,” Real Estate Service Providers Counsel Fall Conference (September 22, 2016)
  • Presenter, “Ransomware, Viruses, and Hackers in Health Care: Five Steps to Avoid Being the Next Victim,” Association of Corporate Counsel (June 9, 2016)
  • Co-author, “FTC Case Against LabMD Dismissed Due to Lack of Harm,” Foley & Lardner Legal News Alert: Privacy, Security & Information Management (November 19, 2015)
  • Presenter, “24”, HIPAA: A Day in the Life of a Breach,” Association of Corporate Counsel (October 20, 2015)
  • Co-author, “Florida Passes Law Requiring Contact Information on Websites,” Foley & Lardner Legal News Alert: Technology Transactions & Outsourcing (May 22, 2015)
  • Presenter, “Cyber-Risk and Insurance Coverage,” Brokers & Reinsurance Markets Association (April 20, 2015)
  • Co-author, “Net Neutrality: Fatal Regulation or Neutral Impact?" Foley & Lardner Legal News Alert: Privacy, Security & Information Management (March 4, 2015)
  • Co-author, “Is Your Refrigerator Spying on You?” Foley & Lardner Legal News Alert: Privacy, Security & Information Management (January 30, 2015)
  • Presenter, “Trends in Big Data,” Association for Corporate Growth North Florida Seminar (January 22, 2015)
  • Presenter, “Drive Forward: The Future of Telematics,” Foley & Lardner seminar at The Detroit Auto Show (January 2015)
  • Co-author, “White House Proposes Series of New Cybersecurity Laws and Initiatives,” Foley & Lardner Legal New Alert: Privacy, Security & Information Management (January 14, 2015)
  • Co-author, “Some Gramm-Leach-Bliley Notices Can Now Be Posted Online,” Foley & Lardner Legal News Alert: Privacy, Security & Information Management (October 23, 2014)
  • Presenter, “Privacy and Security in a Big Data World,” The 23rd Annual Law of Product Distribution and Franchise Seminar (May 2014 (Milwaukee) and September 2014 (Chicago))
  • Author of Chapter, “Privacy and Big Data,” Big Data: A Business and Legal Guide (September 3, 2014)
  • Co-author, "Spotlight on Privacy in the Automotive Industry," Dashboard Insights (July 24, 2014)
  • Co-author, “White House Releases Voluntary Guidelines for Cybersecurity,” Foley & Lardner Legal News Alert: Privacy, Security & Information Management (February 13, 2014)
  • Author, “FTC Settles Claims Relating to U.S. – EU Safe Harbor Program,” Foley & Lardner Legal News Alert: Privacy, Security & Information Management (January 23, 2014)
  • Co-author, “January 1 Deadline for Privacy Policy Compliance With California’s “Do Not Track” Law,” Foley & Lardner Legal News Alert: Privacy, Security & Information Management (December 2, 2013)
  • Speaker, “What To Do When You Get Hit,” IT-Lex Technology Law Conference (October 18, 2013)
  • Presenter, “The Impact of International Data Privacy Laws on U.S. Based Business,” The 22nd Annual Law of Product Distribution and Franchise Seminar (September 25, 2013)
  • Author, “Addressing and Managing The ‘Email Problem’ With Records Retention and eDiscovery,” IT-Lex Technology Law (September 11, 2013)
  • Presenter, “The Impact of International Data Privacy Laws on U.S. Based Business,” The 21st Annual Law of Product Distribution and Franchise Seminar (April 23, 2013)
  • Quoted, “USA: FCC - Landline Robocalls to Require Prior Written Consent,” DataGuidance (February 23, 2012)
  • Co-author, “A Proactive Approach to Information Security in Health Information Technology Procurements,” QuickCounsel (February 1, 2012)
  • Co-Author, "Three New Federal Privacy Laws Proposed," Foley & Lardner Legal News Alert: Privacy, Security & Information Management (February 2011)
  • "DoC Report: Adding Consistency to US Consumer Privacy," Data Protection Law and Policy Vol. 8, Issue 1 (January 2011)
  • Co-Author, "Commerce Department Issues Privacy Law Recommendations," Foley & Lardner Legal News Alert: Privacy, Security & Information Management (December 2010)
  • Co-Author, "FTC Issues Proposed Privacy Framework for Businesses and Policymakers," Foley & Lardner Legal News Alert: Privacy, Security & Information Management (December 2010)
  • Author, "Companies Should Avoid Spying Claims," Jacksonville Business Journal (September 2010)
  • Author, "CMS and ONC Release Long-Awaited Final Rules Defining "Meaningful Use" and Certification Standards for Electronic Health Records and Implementing the Medicare and Medicaid Payment Incentives," Foley & Lardner Legal News Alert: Health Care (July 2010)
  • Presenter, "Electronic Health Records: Advancement or Burden," West LegalEdcenter Seminar (April 2010)
  • Presenter, "Drafting Record Retention Policies for Private Companies: Best Practices to Maximize and Enhance Legal Compliance and Efficiency," ALI-ABA Records Retention Seminar (April 2010)