We Have a Privacy Policy in Place, Are We Compliant?

Jim Monagle’s practice focuses on data privacy and security issues including incident response, related litigation, compliance and best practices.

Mr. Monagle is a Certified Information Privacy Professional/U.S. (CIPP/US) who regularly assists his clients in preparing for and responding to data privacy and security incidents of all types, which may involve engaging forensics experts, complying with breach notification laws, interfacing with regulators, assisting with security enhancements and systems restoration and drafting and implementing data privacy and security-related policies and procedures. Mr. Monagle also counsels businesses and individuals regarding the applicability of legal obligations relating to data privacy and security, such as the recently enacted California Consumer Privacy Act (CCPA), and assists with analyzing, drafting and revising website privacy policies, terms of use and various related contracts.

An experienced litigator, Mr. Monagle defends clients against data privacy and security- and technology-related claims through all stages of litigation, including wire transfer fraud matters, technology-related errors and omissions (Tech E&O) and commercial litigation claims under the Computer Fraud and Abuse Act (CFAA) and Defend Trade Secrets Act (DTSA).

Throughout his career, Mr. Monagle has also represented clients in intellectual property and media liability matters, including copyright and trademark infringement, domain name disputes, Digital Millennium Copyright Act (DMCA), unfair competition, false advertising, right of publicity, trade secret misappropriation and defamation claims. He also handles domestic and international copyright and trademark registrations and related administrative procedures and counsels his clients on intellectual property protection through strategic planning, monitoring and enforcement.

While in law school, Jim was a Research Fellow for the J. Thomas McCarthy Institute for Intellectual Property and Editor of the Intellectual Property Law Bulletin.

Mr. Matzen was a pioneer in the international e-discovery field leading teams to over a dozen countries over the last 20 years creating and executing data collection, processing and production plans. Doing such work required the knowledge and intricacies of data transfer rules for each country. This knowledge was gained by research, live experience on the ground and developing a global network of contacts and technical experts. As a byproduct of this experience, Mr. Matzen became well-versed in global privacy and data security regulations and thereafter began to educate the legal community on the convergence of practicing law, data privacy, data security and e-discovery. It is this convergence that Mr. Matzen has dedicated his professional career to and served as the inspiration to beginning his own consulting group.

MCG strives to solve data problems and educate clients while doing so. While capable of handling traditional e-discovery matters, MCG has a team of experts to assist with small data collections, large international investigations, GDPR assessments and recommendations, data breach response, establishing Privacy by Design, IoT forensics amongst other data related consulting services.

Jerry McIver currently serves as a Senior Project Manager in Data Privacy at Consilio, using his experience in data privacy to help clients proactively and reactively respond to data privacy incidents.

Prior to joining Consilio, Jerry was instrumental in developing the Breach Response unit at Special Counsel. Through his guidance and leadership, the Special Counsel Breach Response business unit grew to become a leader in the industry.

In Jerry’s previous careers stops, he has served as a HIPAA Compliance Officer for clients as well as acting as Counsel and advising on the various aspects of privacy law, among other areas of law.

Jerry is also a Certified Information Privacy Professional/United States (CIPP/US).

As a member of the firm’s eDiscovery & Information Governance practice group, Bobby develops innovative, cost-effective and defensible strategies for the preservation, collection, review, and production of electronically stored information. He advises clients on issues related to eDiscovery preparedness, planning, and execution as well as information privacy and data security. Bobby regularly serves as lead discovery counsel on large-scale matters and manages all aspects of national and international eDiscovery. His extensive experience includes counseling financial institution clients on the unique eDiscovery challenges they face in high-exposure matters, as well as leading training on eDiscovery platforms and workflows and providing advice on eDiscovery vendor management and budgeting. Bobby serves as outside eDiscovery counsel and trusted advisor to Fortune 500 clients and in this role provides counseling and guidance in connection with legally defensible and standardized company-wide discovery practices.

Bobby is a globally recognized thought leader on the application of artificial intelligence and analytics to the practice of law and was nominated for Relativity and Text IQ’s “AI Catalyst Award” in 2021. In 2022, Relativity named him an AI visionary for spearheading the adoption of artificial intelligence in legal practice. Bobby is also a frequent speaker and author on eDiscovery, information governance, data security and other legal technology topics. He has been published and quoted in numerous legal and eDiscovery publications and information outlets, including ALM’s Business Crimes Bulletin, Cybersecurity Law & Strategy Newsletter, ABA Journal, Legaltech News, ABA’s Sound Advice Podcast, ABA’s Class Action & Derivative Newsletter, ABA Law and Practice Today, and Thomson Reuters Institute Podcast.

Prior to joining Winston, Bobby served as Of Counsel and Co-Leader of the Information Governance and eDiscovery Practice at an Am Law 200 firm. He has also worked as a senior discovery consultant for multiple top-tier eDiscovery service providers. During law school, Bobby served as a judicial extern for the Honorable Blanche M. Manning of the United States District Court for the Northern District of Illinois. Prior to his legal career, Bobby acquired nearly five years of technical experience in the areas of network engineering, firewall administration, technology consulting, and computer programming. A true “techno lawyer,” Bobby’s technology experience dates back to his first job in college building and configuring Novell NetWare and Windows NT applications and file servers.

Bobby is a member of the International Legal Technology Association, American Bar Association: Section of Litigation and Sedona Conference Working Group on Electronic Document Retention and Production. He has multiple computer certifications, including the CompTIA A computer hardware certification.