Cheryl M. Burtzel

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.

Government Contracts and Compliance

• Developed, reviewed and negotiated responses to U.S. federal and state and local government procurements and contracts.
• Industries include transportation (rail and trucking), healthcare, information technology and services, and telecommunication.
• Developed and negotiated sales and distribution agreements.
• Reviewed and responded to compliance certifications and related regulatory requirement.
• Developed compliance processes and training for managing U.S. federal and state and local government contract flowdowns.
  

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.

• American Health Lawyers Association
• International Association of Privacy Professionals
• Cyberspace Law Committee, American Bar Association Business Law Section, Chair
• American Bar Association, Section of Public Contract Law
  • Cybersecurity, Privacy and Emerging Technology Committee, Vice-Chair
  • State and Local Procurement Committee, Vice-Chair, Past Co-Chair
  • Subcontracting, Teaming and Supply Chain Committee, Vice-Chair
• Director, 2022 Fall Procurement Symposium, American Bar Association Public Contracts Section
• Fellow of the American Bar Association
• State Bar of Texas

• "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).