Data Governance
Intellectual Property and Technology | Privacy and Data SecurityWe help organizations develop data governance frameworks addressing data quality, classification, retention, and lifecycle management.
Overview
Building Frameworks That Manage Data as a Strategic Asset
Data has become a critical business asset, but realizing its value while managing associated risks requires systematic governance. Data governance establishes policies, procedures, and accountability structures that ensure data quality, security, compliance, and appropriate access across the organization. This practice helps clients develop and implement data governance programs that enable data-driven business while meeting legal and regulatory requirements.
Governance Framework Design
Effective data governance requires clear frameworks establishing how decisions are made and who is accountable. Framework elements include governance bodies such as data councils and steering committees that provide oversight, roles and responsibilities defining accountability for data management, policies establishing rules and standards for data handling, processes implementing governance requirements operationally, metrics measuring governance effectiveness, and technology supporting governance activities. Framework design should be proportionate to organizational complexity and data criticality. Overly bureaucratic governance impedes business while inadequate governance creates risk.
Data Classification and Handling
Not all data requires equal protection—classification schemes enable risk-appropriate handling. Classification criteria may include data sensitivity and confidentiality requirements, regulatory requirements affecting data handling, business criticality and value, and retention requirements and disposition rules. Classification drives handling requirements including access controls, encryption, retention, and disposal. Clear classification standards and consistent application ensure appropriate protection without over-restricting data that can be freely used.
Data Quality Management
Data quality directly affects business decisions and regulatory compliance. Quality dimensions include accuracy, completeness, consistency, timeliness, and validity. Quality programs establish quality standards and metrics, identify and remediate quality issues, implement controls preventing quality degradation, and monitor quality over time. Investment in data quality pays dividends through better decisions and reduced compliance risk.
Metadata Management
Metadata—data about data—enables effective governance and data utilization. Metadata management establishes business glossaries defining terms consistently, data dictionaries documenting data elements and attributes, data lineage tracking data origins and transformations, and data catalogs enabling discovery and understanding. Good metadata management supports compliance requirements like data inventory obligations and enables business users to find and understand available data.
Access Management and Authorization
Controlling who can access what data is fundamental to governance. Access management programs implement role-based access controls aligning permissions with job requirements, access request and approval workflows, periodic access reviews and recertification, privileged access management for sensitive data, and logging and monitoring of data access. Access controls must balance security requirements against business needs for data availability. Overly restrictive access impedes legitimate use while loose controls create risk.
Retention and Disposal
Keeping data longer than necessary creates risk without corresponding benefit. Retention programs establish retention schedules based on legal, regulatory, and business requirements, implement retention controls in systems and processes, execute disposal procedures when retention periods expire, document disposition actions, and manage legal holds that suspend normal retention. Defensible retention practices reduce storage costs, limit breach exposure, and demonstrate compliance with data minimization requirements.
Regulatory Compliance Integration
Data governance and regulatory compliance are deeply interrelated. Governance programs support privacy compliance by implementing data inventories and mapping, consent management, data subject rights fulfillment, and cross-border transfer controls. Industry regulations like HIPAA, SOX, and GLBA impose specific data management requirements. Integrating compliance requirements into governance frameworks ensures sustainable compliance rather than one-off projects.
Governance Technology
Technology enables governance at scale through data catalog and discovery tools, metadata management platforms, data quality monitoring and remediation tools, access management and identity governance systems, and retention and disposition automation. Technology selection should align with governance maturity and organizational needs. Tools support but do not replace governance processes and accountability structures.
Our Services
privacy_data_security
Federal registration and validity opinions
information_technology
Federal registration and validity opinions
intellectual_property_and_technology
Federal registration and validity opinions
Licensing & Transactions
Negotiate and draft license agreements
DMCA Services
Takedown notices and counter-notices
Enforcement
Cease and desist through litigation
Fair Use Analysis
Evaluate fair use defenses and risks
Music & Entertainment
Industry-specific copyright matters
Frequently Asked Questions
Data governance establishes policies, processes, and responsibilities for managing data across its lifecycle—collection through disposal.
Governance ensures data quality, regulatory compliance, security, and enables data-driven decision making. It's increasingly required by privacy laws.
Classification schemes typically address sensitivity (public, internal, confidential, restricted) and regulatory status (PII, PHI, financial data).
Retention depends on record type, applicable regulations, and business needs. We develop schedules addressing all requirements.
Privacy compliance requires understanding what data exists and where. Governance provides the foundation for effective privacy programs.
Yes, we help design governance frameworks, develop policies, and support implementation including training and process development.
Fair use is a defense that permits limited use of copyrighted material without permission. Courts consider four factors: the purpose and character of use (commercial vs. educational, transformative vs. copying), the nature of the copyrighted work, the amount used, and the effect on the market. Fair use is highly fact-specific.
For works created today by individual authors, copyright lasts for the life of the author plus 70 years. Works made for hire and anonymous/pseudonymous works are protected for 95 years from publication or 120 years from creation, whichever is shorter. Older works may have different terms.
Yes, software code is protected by copyright as a literary work. Both source code and object code can be registered. However, copyright protects the expression of ideas, not the underlying functionality—patent protection may be more appropriate for novel methods and processes implemented in software.
Our virtual legal services offer streamlined, cost-effective solutions for common copyright needs. Services like copyright registration, assignment agreements, and DMCA takedowns are available online with fixed, transparent pricing. You get the quality of a top IP firm with the convenience of digital delivery.
Related Matters
Represented streaming platform in landmark DMCA safe harbor case. Successfully defended client's safe harbor status while obtaining injunctive relief against repeat infringers, resulting in dismissal of $500M damages claim.
Prosecuted copyright infringement claims on behalf of professional photographers whose work was used without authorization. Secured significant damages award and implementation of improved licensing procedures.
Enforced copyright and trade dress rights in mobile game against clone applications. Obtained preliminary injunction and permanent removal of infringing apps from major app stores worldwide.
Cutting-edge case addressing use of copyrighted music in AI training datasets. Negotiated comprehensive licensing framework that allows continued AI development while protecting rightsholders' interests.
Prosecuted claims against former executive who copied proprietary source code to competitor. Established ownership under work-for-hire doctrine and obtained injunction plus damages for willful infringement.
Represented academic publisher in enforcement action against site hosting pirated textbooks. Implemented systematic takedown program and pursued contributory infringement claims against operators.
Get in Touch
Connect with our copyright team to discuss your matter