Businesses of all types and sizes throughout the United States, Mexico and beyond bring their disputes to Gardere's litigation team and receive practical, responsive, boutique-style attention in return. Our clients have access to the firepower and value of a well-known and highly-regarded Firm's capabilities and interdisciplinary strengths.
Gardere has a national and international energy practice formed around our Energy Industry Team, which is a multidisciplinary group of approximately 60 attorneys with diverse backgrounds, experience and skills specific to the energy industry. Our team includes attorneys who have served as in-house counsel for major energy companies, providing a depth of insight into our clients' needs, issues and concerns. We understand and regularly practice in virtually every sector of the energy, and we represent a wide variety of industry participants from multinational corporations to individuals.
From our offices in the United States and Mexico, our International Practice helps clients operate in today’s global economy. We have more than 30 professionals operating as a boutique within an Am Law 200 law firm and are able to provide focused service with the resources of a large firm. We understand that clients who are engaged in the global marketplace need lawyers who can operate seamlessly across multiple jurisdictions. Our international experts are multi-lingual, are culturally fluent and intimately familiar with various legal systems across the world, especially those in Latin America. Whether you need help with commercial transactions, regulatory matters, customs and import regulations, immigration matters, M&A and joint ventures, international disputes, or international tax planning, Gardere’s international team is here to assist you.
We represent domestic and foreign private funds in all aspects of fund formation, fund operations, platform and add-on acquisitions, and portfolio company operations. Our team has a reputation for being the go-to-lawyers for private equity funds, hedge funds, venture capital funds and family offices. We are known for our vast deal experience, the efficient way we staff and manage our work, and the way we maintain our relationships. We get deals done with sophisticated, strategic, and practical advice tailored to the needs of our clients.
*Not admitted to practice law.
Too many companies merely accept click agreements for Cloud services without considering what they are committing to, but there are at least 3 terms that cause major problems including "Access to Data, Privacy, and Audits" as I explain in my May 2015 monthly column at eCommerce Times entitled "The Cloud’s Threatening Legal Storm." Here are the details on those terms:
Contract Term No. 1: Limit Access to Data
The customer’s data must not be used by the cloud provider, and the cloud contract needs to specifically state that limitation. Similarly, the cloud provider must provide the customer a means to verify that the customer data has not been compromised, and that means the contract needs to include the right to audit (discussed below). For instance, make sure that the cloud provider does not use the customer data for its own purposes for target marketing.
Contract Term No. 2: Privacy
Since there are so many different privacy laws around the world, it is critical that the cloud provider specifically specify in the cloud contract how the cloud provider will properly comply. For example, in the U.S., protection of patient records under HIPAA (Health Insurance Portability and Accountability Act) is mandatory, and any entity holding patient records must be sure that the cloud provider is HIPAA-compliant. Having cyberinsurance for possible HIPAA violations may not be enough to protect liability for failure to protect HIPAA data. Also, laws in the EU (1995 Data Directive), Canada, Japan, Australia, and many other places are significantly different than in the U.S., so the cloud provider must allow customers to understand where their data is stored, and be compliant with local requirements.
Contract Term No. 3: Customer Audits
Although audit rights may seem simple and reasonable, many cloud providers do not permit audits, or they create so many roadblocks that no meaningful audits can be conducted. It is critical that before agreeing to a cloud contract, the customer determine whether it has the right to audit — and if not, either negotiate that provision or select a different cloud provider.
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