Photo, Cynthia J. Cole

Cynthia J. Cole

Partner
Baker & McKenzie LLP

Biography

Cynthia Cole is an Intellectual Property Partner in Baker McKenzie's Palo Alto office, as well as a former CEO and General Counsel. Before joining the Firm, Cynthia was Deputy Department Chair of the Corporate Section in the California offices of Baker Botts where she built the technology transactions and data privacy practice. An intellectual property transactions attorney, Cynthia also has expertise in digital transformation, data privacy, and cybersecurity strategy.

She advises clients across a wide range of industries including Technology, Media & Telecoms, Energy, Mining & Infrastructure, Healthcare & Life Sciences, and Industrials, Manufacturing & Transportation. Cynthia has deep experience in complex cross-border, IP, data-driven and digital transactions, creating bespoke agreements in novel technology fields. She acts as outside general counsel to a number of executive teams and boards of directors.

Practice Focus

Cynthia has extensive experience in a wide variety of complex technology and intellectual property alliances and transactions. Cynthia’s practice also includes providing intellectual property and data privacy and security assistance in connection with M&A, private equity and other corporate transactions. She advises clients on cybersecurity and incident response and compliance with the California Consumer Privacy Act of 2018 (CCPA) and the EU's General Data Protection Regulation (GDPR). She is certified as an Information Privacy Professional (CIPP/E) by the International Association of Privacy Professionals.

A recognized thought leader, Cynthia is a frequent author and speaker and is often quoted by leading print and broadcast media on tech transactions, data privacy, cybersecurity and leadership. In 2022, she was recognized as a "Top Cyber Lawyer in California" by The Daily Journal. In 2019, she was recognized as a "California Trailblazer in Data Privacy" by The Recorder for her foundational work in data privacy.

An adjunct Professor at Northwestern University Pritzker School of Law, Cynthia teaches a course on information and data privacy.

She has been recognized, as well, for her leadership in diversity, pro bono and community involvement and influence, most recently by the Silicon Valley Business Journal as a "2020 Women of Influence."

Representative Legal Matters

Cynthia was previously CEO and General Counsel of Spectra 7 Microsystems (TSE: SEV), an industry leader in VR/AR and data center applications. In that role, she oversaw all strategic relationships including commercial, supplier, licensing, partner, and product development agreements, as well as all public filings, disclosures, and financings.

Technology, Data Privacy & Security

  • Ongoing representation of clients in Technology, Media & Telecoms, Energy, Mining & Infrastructure, Healthcare & Life Sciences, and Industrials, Manufacturing & Transportation industries in tech transactions and data-driven initiatives including digitalization and data sharing with strategic third parties.
  • Ongoing representation of clients in Technology, Media & Telecoms, Energy, Mining & Infrastructure, Healthcare & Life Sciences, and Industrials, Manufacturing & Transportation industries in the implementation of data privacy and protection compliance especially under the General Data Protection Regulation (GDPR) and the California Consumer Privacy Act of 2018 (CCPA), for the collection, processing, and transfer of personal information, including creation of GDPR and CCPA compliant internal policies and procedures; creation of external-facing privacy notices, terms of use and disclosures; website mapping and internal data collection and location exercises; multi-disciplinary analysis across business units of data privacy risk and mitigation; contractual risk mitigation of data privacy in collection, processing, storage, and transfer; review and creation of information and cybersecurity, data protection, and retention policies.
  • Representation of clients in responding to breach incidents (including ransomware), including managing outside security experts and advising and coordinating international breach response and disclosure (both first- and third-party responsibility).
  • Ongoing representation of clients in Technology, Media & Telecoms, Energy, Mining & Infrastructure, Healthcare & Life Sciences, and Industrials, Manufacturing & Transportation industries in establishing and maintaining internal response programs and table top exercises as part of data protection and network infrastructure security.
  • Technology, IP licensing, and commercial transactions for clients in the Technology, Media & Telecoms, Energy, Mining & Infrastructure, Healthcare & Life Sciences, and Industrials, Manufacturing & Transportation industries, including creation and negotiation of data sharing and licensing agreements with a focus on data privacy, protection, storage, and transfer; negotiation and implementation of cloud computing models and agreements; and clinical trial agreements.
  • Lead deal lawyer, representing MONI Smart Security (Nasdaq: ASCMA), a leading provider of in-home security alarm monitoring, in its agreement to provide professional monitoring service for Nest Secure (a subsidiary of Google).

Mergers & Acquisitions

  • Representation of clients in Technology, Media & Telecoms, Energy, Mining & Infrastructure, Healthcare & Life Sciences, and Industrials, Manufacturing & Transportation industries in M&A transactions with a focus on both buy and sell-side disclosure, including the representation and mitigation of IP, data privacy and information security.
  • Representation of AT&T advising on data privacy and information security in connection with the sale of data center colocation operations to Brookfield Infrastructure for USD 1.1 billion.
  • Representation of Zix Corporation in the integration of acquired assets, advising on data privacy and information security, in connection with the USD 275 million acquisition of AppRiver LLC.
  • Representation of NASCAR Holdings, Inc. advising on data privacy and information security in connection with the Agreement and Plan of Merger to acquire International Speedway Corporation for USD 2 billion.
  • Representation of NRG Energy Inc. advising on data privacy and information security in connection with the acquisition of a retail electricity and natural gas business of Stream Energy for USD 300 million working capital.
  • Representation of Liberty Media Corporation and Liberty Latin America advising on IP, data privacy and information security in connection with various transactions.

Professional Honors

  • Recognized as one of the "Top Cyber Lawyers in California" by The Daily Journal, 2022
  • Recognized as one of the "Women of Influence" by The Silicon Valley Business Journal, 2020
  • Named a "California Trailblazer" by The Recorder, 2019
  • Named a "National Women in Law Honoree for Thought Leadership" by Corporate Counsel, 2018
  • Recognized as one of the "Women Leaders in Tech Law" by The Recorder, 2017

Professional Associations and Memberships

  • Palo Alto Art Center Foundation, Board of Directors
  • LeaderXXchange, Advisory Board Member
  • International Association of Privacy Professionals (IAPP); Certified Information Privacy Professional, CIPP/E

Admissions

  • California - United States

Education

  • Northwestern University School of Law (J.D.) (2000)
  • University of Utah (B.A.) (1994)

Languages

  • English
  • French
  • Author, "Driver's License Privacy Claims Face High Bar in Data Lawsuits", Bloomberg Law, 13 April 2022
  • Author, "Utah Sets New Floor In Joining Consumer Privacy Law Fray", Law 360, 29 March 2022