Daniel F. Forester

Mr. Forester is an associate in Davis Polk's Corporate Department, practicing in the Intellectual Property and Technology Transactions Group. He advises clients on intellectual property and technology issues arising from corporate and commercial transactions, such as mergers and acquisitions, data or intellectual property licensing, development and commercialization arrangements, joint ventures and collaborations, financings, restructurings and capital market offerings. [Full Bio]

Latest Articles

One way for companies to decrease their cybersecurity risks, as well as their risks from new privacy regulations, is through data minimization—significantly reducing the amount of their data.  By deleting old data and collecting less new data, companies will have less sensitive information to protect and process in accordance with their regulatory obligations.  But getting rid of old data isn’t easy, in part because of the legal limitations on what can be deleted.  We have…
A recent bill to amend California’s landmark data privacy law seeks to expand potential liability for violations—bringing little comfort to those already concerned about the risks and challenges associated with achieving compliance in advance of the law’s upcoming effective date. The proposal—Senate Bill 561, introduced on February 25, 2019, by California Attorney General Xavier Becerra and Senator Hannah-Beth Jackson—would amend the California Consumer Privacy Act (“CCPA”) to expand the scope of the consumer private right…
2018 was another busy year for lawyers in the privacy/cybersecurity world – GDPR, CCPA, Marriott, New York Department of Financial Service’s cybersecurity rule deadlines, increased SEC enforcement, more data breach lawsuits, more companies doing table top exercises and risk assessments, etc. But 2019 is looking to be even busier. Below are our predictions for the Top 10 things that will keep us busy in 2019, and what companies should be preparing for: 1.  Consumer Consent…
Momentum is building for federal data privacy legislation, in large part due to the passage of the California Consumer Privacy Act (CCPA) (which goes into effect in 2020) and other states enacting or considering their own consumer privacy laws.  These developments have businesses concerned that they will face a patchwork of inconsistent and onerous state privacy laws, which is currently the case with breach notification.  Many leading tech companies, trade groups, and the U.S. Chamber…
In Part 1 of this blog post, we discussed some key contractual provisions that lawyers should consider when entering into agreements with cloud service providers (“CSPs”).  In this Part 2, we discuss some additional contractual considerations to keep in mind, as well as some post-contract practices to consider in order to better protect data in the cloud. As we discussed in Part 1, CSP agreements may contain standard vendor-friendly provisions, such as termination rights and…
There are many good reasons why companies are increasingly migrating parts of the information technology to cloud service providers (“CSPs”), including lower overhead costs, greater data accessibility and mobility, and more efficient disaster-recovery response.  For cybersecurity, cloud solutions offer companies many benefits, such as full-time data security monitoring and data encryption, but they also come with significant risks.  Over the past year, several major U.S. companies have discovered that sensitive business and customer information stored…
On April 30, 2018, BLU Products, Inc. (“BLU”) reached a settlement with the Federal Trade Commission (“FTC”) over allegations that BLU allowed ADUPS Technology Co. LTD (“ADUPS”) to collect detailed personal information about BLU’s consumers without their knowledge or consent, despite BLU’s assurances that it would keep the information secure and private, and that BLU generally failed to implement appropriate security procedures to oversee the security practice of its service providers, in violation of the…
On April 23, 2018, Senators Klobuchar (D-Minn.) and Kennedy (R-La.) introduced the Social Media Privacy Protection and Consumer Rights Act of 2018 (“the Act”), which was referred to the Senate Commerce Committee. Like the CONSENT Act introduced by Senators Markey (D-Mass.) and Blumenthal (D-Conn.)—discussed in detail in our recent client alert, The CONSENT Act and Renewed Congressional Data Privacy Interest—the Act would, if enacted, enhance the Federal Trade Commission’s (“FTC”) authority to enforce new…