Lothar Determann has been helping companies in Silicon Valley and around the world take products, business models, intellectual property and contracts global at Baker McKenzie for more than 20 years. He advises on data privacy law compliance, cybersecurity, information technology commercialization, interactive entertainment, media, copyrights, open source licensing, electronic commerce, technology transactions, sourcing and international distribution at Baker McKenzie in San Francisco and Palo Alto. He is a member of the Firm's International/Commercial Practice Group and the TMT and Healthcare Industry Groups.
Lothar's practice is focused on data privacy law compliance, information technology, copyrights, product regulations and international commercial law.
Representative Legal Matters
- Helps companies create and update global privacy law compliance programs and documentation, including compliance with GDPR, CCPA and other laws, based on approaches described in his California and United States and international compliance guides which have been published in more than 10 languages around the world.
- Counsels clients on cybersecurity preparedness and incidents since 2003, including breach notifications considering laws in more than 180 jurisdictions worldwide.
- Assists medical device and other life science businesses with commercial matters and data privacy law compliance, including new product counseling, regulatory compliance, strategic advice on global expansion and healthy approaches to data protection.
- Advises providers and users of electronic contracting and signature technologies under laws of more than 60 jurisdictions worldwide.
- Represents businesses, foundations and decentralized autonomous organizations on blockchain and crypto use cases, regulations, joint ventures and policies.
- Counsels companies on copyright issues, including in software licensing, cloud computing, and digital exhaustion.
- Assists clients with commercial and regulatory aspects of data monetization and property laws.
- Advises global mobile and web gaming developers, including VR, AR, on regulatory restrictions, IP, contracting and data privacy, security.
- Counsels e-commerce and Internet companies on various international and domestic business and compliance matters.
- Assists multinationals with the establishment and maintenance of electronic waste compliance schemes and product compliance regimes under U.S., European, Chinese and other countries’ laws (WEEE, RoHS, CE marking, REACH, conflict minerals, Prop 65, etc.).
- Advises major technology companies, start-ups and non-profit organizations regarding the use and release of open source software products and related business model and compliance matters.
- Provides strategic advice and contract localization assistance with respect to technology license and distribution contracts (formation, electronic contracting, termination, disputes, franchise laws, competition law matters) around the world.
- Supports and guides technology companies, manufacturers and service companies with expanding their business globally, including guidance regarding business models, entity formation, strategic contracts and compliance matters.
- Frequently advises on sweepstakes, games of skill and promotions.
- California~United States (2000)
- Frankfurt/M.~Germany (1998)
- Free University of Berlin (Habilitation) (1999)
- State of Berlin (Second State Exam) (1997)
- Free University of Berlin (Dr. iur.) (1996)
- State of Berlin (First State Exam) (1994)
- State of Bavaria (Publicly Certified Banker) (1990)
- San Francisco
More than 150 articles and treatise contributions as well as five books, including
- Determann’s Field Guide to Data Privacy Law (5th Edition, 2022, also available in Arabic, Chinese, German, Hungarian, Italian, Japanese, Korean, Portuguese, Russian, Spanish and Turkish)
- California Privacy Law: Practical Guide and Commentary on U.S. Federal and California Law (4th Ed. 2020)
- Healthy Data Protection
- Electronic Form over Substance
- No One Owns Data
- "Open Cars," Berkeley Technology Law Journal, Volume 32 (2017)
- "Software Copyright’s Oracle from the Cloud," Berkeley Technology Law Journal, Volume 30 Issue 1 (2015), September 2015
- "What Happens in the Cloud: Software as a Service and Copyrights," Berkeley Technology Law Journal, Volume 29 Issue 2 (2015), January 2014
- "On War and Peace in Cyberspace," Hastings Constitutional Law Quarterly, Volume 41 (2014), May 2014
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