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Mary J. Hildebrand CIPP/US/E
Partner
Founder and Chair, Privacy & Cybersecurity
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For more than 30 years, Mary has drawn on her deep experience in privacy and data security, tech, and intellectual property to handle sophisticated technology deals from concept to conclusion.
Mary regularly serves as lead counsel to both public and private companies in complex commercial matters involving:
- Digital and social media
- Software
- Clean tech
- Renewable energy
- Public utilities
- Financial services
- Medical devices
- Entertainment
- E-commerce
- Transportation
- Universities
- Not-for-profit organizations
Additionally, she counsels startups on the transactions and foundational legal structures needed to launch their businesses.
As a leading intellectual property lawyer, Mary has achieved an enviable track record in commercializing, protecting, and managing intellectual property, technology, and database assets around the world. She is also a recognized authority on EU and U.S. data privacy and information security laws.
A highly regarded "top-notch," "hugely responsive," and "skilled, bright and knowledgeable" practitioner, Mary has been consistently recognized by Chambers USA (2009-2019) for her successful handling of complex transactions involving significant IP assets. Her clients commend her as "a phenomenal client manager" who gives "useful, pragmatic, practical advice."
Mary has served as a member of Lowenstein Sandler's board of directors and Strategic Planning Committee, as well as chair of the firm's Diversity and Inclusion Committee.
HONORS & AWARDS
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Chambers USA: America's Leading Lawyers for Business: (2009-2019)
Recognized for work in Intellectual Property
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The Best Lawyers in America (2019-2020)
Recognized in the Corporate, Privacy & Data, and IT Outsourcing Law sections.
AWARD INFORMATION
NEWS & INSIGHTS
FIRM NEWS
- November 18, 2019 "Lowenstein Represents The Estée Lauder Companies Inc. in Its Acquisition of Korea-Based Have & Be Co. Ltd., the Company Behind Dr. Jart+ and Do The Right Thing"
- October 9, 2019 "Lowenstein Represents W2O Group and New Mountain Capital in Acquisition of Arcus Medica"
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December 12, 2018
"Lowenstein Represents Cerberus Capital Management, L.P. in Acquisition of Sparton Corporation"
Marita A. Makinen, Robert G. Minion, Jeffrey Blumenfeld, Mary J. Hildebrand CIPP/US/E, Nicholas G. Mehler, Christine Osvald-Mruz, Matt Savare, Jeffrey M. Shapiro, James C. Shehan, Michael Walutes, Jack Sidorov, Norman W. Spindel, Stuart S. Yusem, Manali Joglekar CIPP/US/E, Sabrina Cua, Allison Gabala, Megan Monson, Alex H. Rosenthal, Bryan Sterba, Matthew Tippy, Lauren E. Killeen, Lauren M. Troeller
PUBLICATIONS
- October 16, 2019 "California Attorney General Releases Draft Regulations Under the California Consumer Privacy Act: New Concepts, New Questions, and Few Clarifications," Privacy & Cybersecurity Client Alert
- September 19, 2019 "California Lawmakers Finalize the California Consumer Privacy Act … at Least for Now," Privacy & Cybersecurity Client Alert
- July 1, 2019 "The Dashboard Act's Innovative Approach To Data Protection," Law360
- June 20, 2019 "New York on Verge of Passing Landmark Data Security Legislation," Privacy & Cybersecurity Client Alert
IN THE MEDIA
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November 18-26, 2019
Lowenstein's representation of The Estée Lauder Companies Inc. in its acquisition of the shares that the company does not already beneficially own in Have & Be Co. Ltd., the Seoul-based, global skin care company behind Dr. Jart+ and men’s grooming brand Do The Right Thing, is noted in Mergers & Acquisitions, Yahoo! Finance, Digital Commerce 360, PYMNTS.com, the Global Legal Chronicle, The Deal (article; deal listing), Law360, Business Wire, Bloomberg, and The Beauty Influencers. Led by partner Marita A. Makinen, the Lowenstein deal team includes Gina M. Seong, Darren Goodman, Doreen M. Edelman, Mary J. Hildebrand, Matt Savare, Michael Walutes, Jack Sidorov, Abbey E. Baker, Kate Basmagian, Manali Joglekar, Taryn E. Cannataro, Sophia Mokotoff, Carly S. Penner, Bryan Sterba, and Matthew Tippy. (subscription required to access article) View Lowenstein's news announcement about this transaction.
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November 12, 2019
Mary J. Hildebrand CIPP/US/E, partner and Chair of Lowenstein’s Privacy & Cybersecurity group, comments in TechRepublic on the risk of ransomware to startup and midsize healthcare companies, observing that there is no “one-size-fits-all” solution. "For every organization that adamantly refuses to cooperate, there is another one that weighs the relative costs of non-compliance in terms of interrupted healthcare, costs, expenses and reputational risk, against the amount demanded, and decides to wire the funds," she says.
In a second TechRepublic article on the subject, she addresses disclosure requirements under HIPPA when ePHI (electronically protected health information) is compromised. "OCR argues that ePHI was acquired during the encryption process, unless the covered entity that was attacked can prove otherwise," she says. "As any healthcare organization that has wrestled with this issue can tell you, this is a high bar to meet." Hildebrand recommends being prepared with a disaster recovery plan that “includes data back-ups, applications, infrastructure/cloud capacity, and appropriately skilled staff,” and keeping messages to employees and patients “brief, factual, and timely.”
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November 9, 2019
Lowenstein's representation of W2O, the leading independent provider of analytics-driven, digital-first marketing communications to the health care sector, in the acquisition of Arcus Medica, a recognized leader in medical and scientific communications, highlighted in the Global Legal Chronicle. The Lowenstein deal team included David L. Goret, Marita A. Makinen, Andrew P. Erdmann, Matthew Tippy, Eugene R. Cheval, Tracy F. Buffer, Michael Walutes, Sophia Mokotoff, Megan Monson, Matt Savare, Bryan Sterba, Mary J. Hildebrand, Manali Joglekar, Carly S. Penner, Amy Komoroski Wiwi, and James C. Shehan. View Lowenstein's news announcement about this transaction.
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September 20, 2019
Mary J. Hildebrand is featured in an article on TVNewsCheck spotlighting her presentation at the conference Media Outlook 2020, which expanded upon an article written by Hildebrand and Carly S. Penner for the Media Financial Management Association’s magazine, The Financial Manager. Hildebrand explains how the United States differs from Europe and certain other countries in that it does not have a set of federal laws addressing privacy and cybersecurity generally and that federal laws here are industry-specific. Although the Federal Trade Commission is the de facto regulator of many online activities, including privacy and security standards, companies must now consider 50 different state data breach laws, plus Guam, Puerto Rico, and the Virgin Islands. California and Nevada have also adopted comprehensive data protection laws, and more states are considering similar legislation. Hildebrand recommends that businesses focus on five issues in the coming year:
- New state laws, like California’s CCPA and Nevada’s new data protection law;
- Creating a formal written incident response plan in case of a data breach, including appropriate training and cyber insurance;
- Updating privacy policies to be clear, concise, and transparent about personal information collected, the purpose of collection, and how it is used and shared; the use of cookies and third-party analytics providers; and include statements required by state data protection laws such as California and Nevada;
- Understanding sales and marketing departments’ collection, use, and sharing/sale of personal information; and
- Developing an inventory of personal information collected, used, and shared across the organization.
SPEAKING ENGAGEMENTS
- Panelist, Eagle Alpha's Data Strategy - Legal Webinar on Personally Identifiable Information, CCPA and Alternative Data, Lowenstein Sandler and Eagle Alpha, Webinar, October 21, 2019
- Speaker, Lowenstein Sandler and ACC New Jersey's 5th Annual Cyber Day, Lowenstein Sandler; ACC New Jersey, Roseland, NJ, October 3, 2019
- Moderator, IoT and the Cybersecurity Landscape, Corporate Counsel (ALM Media), New York, NY, September 26, 2019
- Presenter, Media Outlook 2020, Media Financial Management Association (MFM), New York, NY, September 12, 2019
- Speaker, Privacy and Cyber Security Breakfast Roundtable: Assessing the Impact of New and Amended State and Federal Laws, Duff & Phelps, New York, NY, June 26, 2019
- Panelist, Case Closed: Cell Phone Privacy in the Modern World, Rutgers Law School, Newark, NJ, November 8, 2018
- Speaker, Lowenstein Sandler and ACC New Jersey's 4th Annual Cyber Day, Lowenstein Sandler; ACC New Jersey, Roseland, New Jersey, October 10, 2018
- Moderator, Women, Influence & Power in Law: The Original Global Forum Facilitating Women-to-Women Exchange on Leadership and Legal Issues, Corporate Counsel, Washington, DC, October 4-5, 2018
- Speaker, The Global Challenges of Cybersecurity and Digital Terrorism, World Services Group Annual Conference, Nassau, Bahamas, September 20, 2018
- Speaker, A Global Perspective: What You Need to Know About New U.S. Federal & State Data Protection Laws & How They Align With GDPR, Association of Corporate Counsel (ACC), September 11, 2018
- Panelist, Financial Services and GDPR: The Next 60 Days ..., BrightTALK, August 14, 2018
- Speaker, Navigating a Post-GDPR Business Landscape: What You Need to Know, Lowenstein Sandler, Roseland, New Jersey, August 1, 2018
- Speaker, Select Topics for Asset Managers – Privacy, Advertising and Enforcement, New York, NY, May 22, 2018
- The Deep, Dark Web: What is it – and how does it impact your business?, CLE Presentation, February 13, 2018
- Moderator, Blockchain Technology, Smart Contracts, and Cryptocurrency CLE Panel, Roseland, NJ, October 3, 2017
- Cyber Day, Roseland, NJ, September 27, 2017
- EU General Data Protection Regulation (GDPR) Implementation Update Series, Roseland, NJ, February 1, 2017
- EU General Data Protection Regulation (GDPR) Mini Series, Roseland, NJ, October 6, 2016
- Seton Hall Law Review Symposium, Newark, NJ, September 29, 2016
- Insurance Issues in Commercial Contracts, Webinar, September 21, 2016
Education
Duke University School of Law (J.D. 1984)
Union College of Union University (B.A. 1980), magna cum laude
Affiliations
- The International Association of Privacy Professionals (IAPP)
- CIPP/US/E
- Liberty Science Center, Founder and Member of Board of Directors of the Women’s Leadership Council
- Licensing Executives Society, New Jersey Metro Chapter
- Co-chair
- American Bar Association
- New Jersey State Bar Association
- Executive Association of New Jersey
- Past President and Chair of the Board of Trustees
Admissions
- New Jersey
