Chicago_Stoker_Michael_04009

Michael A. Stoker

Partner
Baker & McKenzie LLP

Biography

Michael A. Stoker is a lawyer in Baker McKenzie's Intellectual Property and Technology group. Mr. Stoker routinely advises clients in the areas of information technology, intellectual property, licensing, sourcing, cybersecurity, data protection, data breach response, privacy and electronic commerce.

Mr. Stoker is a member of Baker McKenzie's Global Automotive Steering Committee, Future Mobility Working Group, and Global Data Security Working Group. Mr. Stoker has a Bachelor of Science in Computer Science and has formerly worked as a software developer for a document and information management software company. His experience as a software developer has given him valuable insight into the technology matters of the clients he serves.

Practice Focus

Mr. Stoker regularly advises technology and e-commerce companies on various aspects of their domestic and foreign operations, including negotiation of technology and services agreements, cybersecurity, data protection and privacy issues.

Mr. Stoker also regularly advises automotive OEMs and suppliers in connection with issues related to technology, connected vehicles, sourcing, cybersecurity, data protection and privacy.

Mr. Stoker is experienced in transactional and general corporate matters, as well as technology-and intellectual property-related litigation and arbitration. He is admitted to practice in New York and Illinois.

Representative Legal Matters

Automotive

  • Advised and represented various global OEMs on all aspects of their connected vehicle programs, including by (i) drafting and negotiating agreements with service delivery platform providers, wireless service carriers, and third party technology suppliers, (ii) providing regulatory advice concerning new connected vehicle features, and (iii) advising on processes for data collection from vehicles, including drafting terms of use, terms of service, and privacy policies. Advised various global OEMs on various regulatory matters including autonomous vehicle legislation, noise pollution restrictions, distracted driving laws, and sales to consumers through e-commerce platforms.

Outsourcing

  • Represented semiconductor manufacturer in multi-jurisdictional managed services outsourcing transaction involving application development and maintenance (ADM). Represented global OEM in connection with outsourcing of global information technology (ITO). Represented national appliance seller in connection with outsourcing of business processes (BPO). Represented publisher in connection with outsourcing of human resource processes (HRO).

Technology and Software Licensing

  • Represented technology companies in connection with the negotiation of technology and software license agreements.

Cybersecurity and Data Breach Response

  • Advising clients with respect to all phases of data breach investigations, including by managing forensic security professionals and advising on global data breach notification requirements. Representative cases include advising (i) an electronics and entertainment company in connection with 2011 data breach, (ii) an entertainment company with respect to state sponsored cyber terrorism, (iii) a data security company in connection with an Federal Trade Commission (FTC) investigation, and (iv) a cybersecurity company in connection with a Department of Homeland Security investigation (DHS).

Federal and State Data Security Law Compliance

  • Federal and State Data Security Law Compliance: Reviewed U.S. federal (i.e., HIPAA, GLBA) and state data security laws and advised clients regarding compliance issues. Drafting corporate policies pertaining to the safeguarding and security of corporate data and consumer personal information. Counseled companies involved in Internet and computer security penetration testing regarding issues involving the ECPA and CFAA.

Admissions

  • Illinois~United States (2008)
  • New York~United States (2001)

Education

  • University of Cincinnati College of Law (J.D.) (2000)
  • Ohio State University (B.S.) (1997)

Languages

  • English
  • Spanish

Previous Offices

  • New York

Upcoming

Contributor, Global Ridesharing Survey, Baker McKenzie (To be Released 2019)
Provides, inter alia, an overview of laws in the United States that pertain to transportation network companies.

Publications

Contributor, Global Driverless Survey, Baker McKenzie, March 2018

Co-author, "Ten Steps Every Organization Should Take to Address Global Data Security Breach Notification Requirements," The IAPP Privacy Advisor, September, 2011

Presentations

Co-speaker, with David Moore (Transportation Committee Senior Staff Attorney, Wisconsin Legislative Council) and Adam Aft (Baker McKenzie), Autonomous Technology and Automated Driving: Legal Challenges and Trends, Wisconsin Association of Corporate Counsel (Elkhart Lake, WI), May 2018

Speaker, Cybersecurity and Breach Response in a Connected World, International Association of Privacy Professionals (Las Vegas, NV), October 2015

Speaker, Going Global Online: E-Commerce and Data Privacy, BNA Webinar, November 2014