People / Cheryl M. Burtzel
Cheryl Burtzel

Cheryl M. Burtzel

Cheryl Burtzel is a counsel in the Healthcare and Life Sciences Practice Group in Haynes Boone’s Austin office.

She is an experienced transactions and compliance attorney, assisting clients on privacy, cybersecurity and data security, supply chain transactions, public/private partnership deals, and procurement legal matters.

She has led transaction teams and negotiated for clients in the healthcare, financial institution, utility, manufacturing and technology industries. Cheryl has extensive experience working as in-house counsel and legal director for a Global Fortune 50 company. She also has experience leading global teams during complex transactions, compliance, policy development and implementation, and crisis management.

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Selected Client Representations

Health Care/Life Sciences

  • Negotiation of technology and fiber agreements as part of the construction of a new Level One trauma center and teaching hospital. Included information security and access terms.
  • Led negotiations with group purchasing organizations regarding information technology products and services for healthcare systems, hospital, and physician practice group customers.
  • Negotiation of private cloud outsourcing transaction for the operation of an established specialty physician group.
  • Counsel clients and develop compliance strategies for handling patient data for a pharmaceutical benefits program.
  • Outsourcing transactions for information technology services and products for healthcare practice groups, hospitals, and other entities in the patient care arena.
  • Application development and implementation agreements for company developing and commercializing healthcare applications for mobile devices.
  • Negotiation of agreements for the provision of telehealth services (includes utilization of patient data, privacy policies and procedures, and technology terms).
  • Counsel clients and develop strategies for use of biometric technology in various parts of client operations.
  • Work on development teams structuring new products for healthcare monitoring, tracking functionality, and Internet of Things and edge computing issues.

Privacy/Data Security

  • Develop website and other privacy policies and notices for clients in technology, manufacturing, real estate, and other industries.
  • Develop privacy notices and policies for application providers.
  • Counsel clients on the retention and use of data, reporting obligations, and audit issues.
  • Breach response for clients, including a publicly traded HR services company, a hospital, and others affected by data breaches or data theft.
  • Conduct training on data governance and data security matters for client organizations.
  • Negotiation of data access agreements, telecommunications services and monitoring agreements, and internet services and broadband agreements for a major cable company.

Product/Technology Development

  • Joint development agreement involving creation of robotic battlefield technology to secure and remove IEDs and other explosive devices - negotiated on behalf of a NYSE company with another NYSE company. Included marketing and distribution structure.
  • Negotiation of funding and commercialization deal for a medical suturing technology.
  • Advise company developing interactive entertainment kiosks for an NFL sports stadium, interactive displays for a children’s museum, and other interfaces on privacy and data issues raised by the devices and proposed data collection as well as notices required.
  • Custom development agreements for the creation of new software applications, interfaces, and other software developments.
  • Negotiate sponsored research agreements for basic and applied research on radioactive rail technology and scanning equipment.
  • Product development transactions for medical devices, diagnostic technology, monitoring and scanning technology, software platform work, and other custom development transactions.
  • Counsel to a data analytics company, developing and negotiating their US distribution agreement, services agreement and software development terms.
  • Represent a large cable company on its sales and distribution agreements, product development work, and partner agreements.

Outsourcing/SaaS/Cloud Services

  • Represented an energy management company regarding outsourcing its information technology infrastructure, including the company’s energy trading functionality and corporate governance tools. Deal valued at $6.5B over life of transaction.
  • Represented outsourcing provider for operation the IT infrastructure for the NYC Department of Education, including all IT procurement and technology, maintenance, help desk, repair / replace, and services.
  • Negotiate and counseled financial institutions on transitioning operations to digital banking, including Salesforce® marketing tools and technology, privacy notices and procedures, and engagement of subcontractors, licensing, and data governance.
  • Negotiation of advertising and marketing technology deals involving financial services companies, data rights, software, and SaaS arrangements.

*Some of these representations were handled by Cheryl prior to joining Haynes Boone.

Professional Affiliations and Engagements
  • American Health Lawyers Association
  • International Association of Privacy Professionals
  • Cyberspace Law Committee, American Bar Association, Chair
  • State and Local Procurement Committee, ABA Public Contract Section, Co-Chair State Bar of Texas
  • American Bar Association
  • Fellow of the American Bar Association
  • State Bar of Texas
Publications and Speaking Engagements
  • "Digital Tech, Liability, Compliance and Enforcement in the COVID-19 Era," presenter, Health Care Compliance Association Webinar, April 29, 2021.
  • "Hot Topic Video Chat," speaker, Texas Virtual Health Law Conference, October 6, 2020.
  • "Negotiating the Exit – Ensuring Successful Transition," in CLOUD 3.0: Drafting and Negotiating Effective Cloud Computing Agreements, American Bar Association, 2019.
  • "ABA Cybersecurity Legal Task Force Vendor Contracting Project: Cybersecurity Checklist," co-author, (prepared in partnership with the U.S. Department of Treasury), Date.
  • "Chapter on Negotiating the Exit – Ensuring Successful Transition," author, in Cloud 3.0: Drafting and Negotiating Effective Cloud Computing Agreements (Book to be published by the ABA Business Law Section 2019)
  • "Privacy and Security: U.S. Practitioner Perspectives, speaker, Symposium on International Perspectives in Cyberspace Law: Privacy, Security & Governance, Creighton University School of Law, September 18, 2018.
  • "Autonomous Car Crashes – Who or What Dunnit? Will IP and Cybersecurity Lawyers Replace PI Lawyers in Sortin’ Out the Legal Issues?" presenter, 2018 ABA Business Law Section Annual Meeting, September 13-15, 2018.
  • "The Development of a Health Innovation Ecosystem," speaker, INVENTURE$ 2018, Calgary, Canada, June 5-8, 2018.
  • "Data Privacy Basics for Business Lawyers: Spotting the Critical Issues," speaker, Business Law Basics Webinar, ABA Business Law Section, May 31, 2018.
  • "Navigating Demands for Ransom and Other Ethical Challenges in Cyber Investigations," presenter, ABA Business Law Section Cyberspace Winter Working Meeting, January 25-27, 2018.
  • "Cybersecurity/Information Security – Lessons for State and Procurement Attorneys and Professionals," presenter, ABA Section on Public Contract Law et al., Spring Conference, April 27-28, 2017.
  • "Current Issues in Public Private Partnerships (P3) for State and Local Procurement," presenter, ABA Section on Public Contract Law et al., Spring Conference, April 27-28, 2017.
  •  "ABA Cybersecurity Legal Task Force Vendor Contracting Project: Cybersecurity Checklist," co-author, Business Law Today, November 2016 (updated as of April 13, 2017 and published online by the American Bar Association).
Qualifications

Education

J.D., University of Texas School of Law, 1985

B.B.A., University of Texas at Austin, 1982

B.A., University of Texas at Austin, 1982

Admissions

Texas