Chanley T. Howell
Partner
Chanley 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, Cybersecurity, and Privacy Practice 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/telehealth); consumer protection/marketing laws (TCPA, CAN-SPAM, COPPA); FTC privacy requirements, investigations, and enforcement actions; state data privacy, security, and breach notification laws; artificial intelligence/AI issues; 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, 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/telehealth related agreements and policies; artificial intelligence/AI-related agreements; 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 and electronic signature issues; telemedicine/telehealth, ecommerce, and online transactions; domain names; website terms and conditions; privacy policies; social media policies
Industries
While Chanley handles these types of engagements across all industries, he has particular experience in the health care, telemedicine/telehealth, financial services, automotive, and hospitality industries.
“Foley is the premier firm for telehealth counsel.”
“A market leader in telemedicine issues.” “This is the Dream Team.”
– Chambers® USA: America’s Leading Business Lawyers (2020, 2021)
Representative Experience
- Artificial Intelligence: Representing US$15+ billion health system in connection with its enterprise-wide AI and generative AI strategies and initiatives, including legal and regulatory compliance, AI governance, and policies.
- Artificial Intelligence: Representing US$10+ billion consumer online entertainment services company in connection with its enterprise-wide AI and generative AI strategies and initiatives, including legal and regulatory, compliance, AI governance, policies, and commercial agreements.
- Mergers & Acquisitions: Information technology, cybersecurity, and privacy subject matter resource for US$25 billion company in acquisition of technology and legal compliance target.
- E-Motorcycles: Online terms and conditions, privacy policies, and legal compliance for the worldwide marketing and sale of electric motorcycles, including connected bike data and telemetry issues for US$2 billion e-motorcycle manufacturer.
- Artificial Intelligence and Contract Lifecycle Management: Advising US$45 billion international fire, HVAC, and security equipment manufacturer for its enterprise-wide procurement contract life cycle management program, including use of extractive and generative AI technologies and solutions.
- Digital and Online Legal Compliance – Financial Services: Ongoing representation of US$100 billion multinational financial services company (brokerage, retail and commercial banking, investment advisory services) with respect to legal compliance for digital and online terms of use, privacy policies, mandatory disclosures, and other legal terms and conditions.
- Bitcoin mining. General broad-based representation of US$2 billion bitcoin mining company, including technology transactions, licensing, intellectual property protection and enforcement, real estate development, and legal compliance.
- Autonomous Driving: Representing innovative startup in connection with the commercialization and licensing of LiDAR-based Advanced Driver Assistance Systems (ADAS) technology, including potential investments by US$30+ billion leader in the autonomous driving industry.
- E-Commerce Initiative: Assisting US$1+ billion diversified industrial manufacturing and logistics company with developing and commercializing an online ecommerce marketplace for the trucking and semi-trailer transportation industry.
Awards and Recognition
- Peer review rated as AV Preeminent®, the highest performance rating in the Martindale-Hubbell® Peer Review Ratings™ system
- Selected by his peers for inclusion in The Best Lawyers in America® in the field of Electronic Discovery and Information Management Law (2021-2024)
- Recognized, The Legal 500 for his work in Technology: Data Protection and Privacy (2011-2014, 2016)
- Recognized, Jacksonville’s “Top Lawyers” by 904 Magazine (2014)
Affiliations
- Founder and former chair, The Jacksonville Bar Association Intellectual Property Section
- Member, The Florida Bar Intellectual Property Law and Business Law Sections
- Member, American Bar Association Intellectual Property and Business Law Sections
- Member, The Jacksonville Bar Association Intellectual Property and Business Law Sections
- Member, Fourth Judicial Circuit Grievance Committee
- Professional responsibility partner, Foley Jacksonville office
Presentations and Publications
- Author, “Artificial Intelligence (AI) Investment: Risks, Due Diligence, and Mitigation Strategies,” lexis.com (September 2023)
- Webinar, “Simplifying Contract Drafting: Leveraging Legal Technology for Ease and Efficiency,” sponsored by myLawCLE (September 8, 2023)
- Presentation for certain clients “Developing a Legally Compliance AI Governance Program” (various dates)
- Presenter, “AI Regulation and Framework,” Foley & Lardner training program, (July 19, 2023)
- Presenter, “The Vehicle Suppliers Association: AI Legal Risks and Compliance Status and Trends,” MEMA (July 18, 2023)
Certifications
- Certified information privacy professional/US (CIPP/US), certified by the International Association of Privacy Professionals (IAPP)
State Data Breach Notification Laws
For a summary of basic state notification requirements that apply to entities who “own” data, download Foley’s State Data Breach Notification Laws Chart .
Foley Represents Novacap in Investment in Harmony Healthcare IT
Foley & Lardner LLP served as legal advisor to Novacap, one of North America’s leading private equity firms, in its significant investment in Harmony Healthcare IT (HHIT), a health data management and platform solutions provider.
Foley Advises Novacap in Strategic Partnership with Lewis & Ellis
Foley & Lardner LLP served as legal advisor to Novacap, one of North America’s leading private equity firms, in its strategic partnership with Lewis & Ellis, a leading full-service actuarial consulting firm.
Artificial Intelligence, the SEC, and What the Future May Hold
With the growing use of artificial intelligence (AI) in financial markets, broker-dealers and investment advisers need to pay attention to the risks posed by AI on firms’ compliance with federal securities laws.
Navigating the AI Frontier: Legal and Operational Insights Into Generative AI
Welcome to Navigating the AI Frontier: Legal and Operational Insights Into Generative AI. In this eBook, we take a deep dive into the world of generative AI, exploring its transformative power and the legal and operational risks it introduces.
Chanley Howell Discusses Importance of Legal Guidance for Companies Using Generative AI
Foley & Lardner LLP partner Chanley Howell is quoted in the TechTarget article, “Lawyers win in race to generative AI without adequate laws,” commenting on the liability concerns surrounding the use of generative artificial intelligence.