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Europe’s Top Court Decision May Halt Trillion Dollar U.S. Data Transfer Business Partnership with EU [Lowndes Tech Blog]

September 14, 2020

Attorneys James O'Brien and Ahmad El-Gendi discuss a recent EU court ruling that may affect countries moving data in and out of Europe, as well as U.S. security, surveillance and defense laws.

In today’s rapidly evolving global economy, data is king. Whether we’re talking about blockchain, analytics or how much your online shadow personality is being sold for, there is no doubt that there is an incredibly lucrative market for gathering, storing and selling data. In fact, influential companies like Facebook transfer data across the Atlantic Ocean as part of a $7.1 trillion transatlantic economic partnership between Europe and the U.S.

While Facebook must have been thrilled about the revenues related to its data business, a privacy activist and lawyer residing in Ireland, Max Schrems, was much less giddy about his data being used as a cash cow at the expense of his privacy. Mr. Schrems decided to throw a wrench in things when he filed a complaint that found its way to the highest court in Europe, leading to a legal decision recently issued that will inevitably affect not just the economics of the transatlantic partnership and other countries moving data in and out of Europe, but may also affect U.S. security, surveillance and defense laws. [...]

This is an excerpt from a blog post originally written on the Lowndes Tech blog. To read the entire post, click here.

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James O’Brien represents clients in the areas of technology products and services, aerospace and aviation, satcom and telecom, consumer electronics and goods, restaurant services, food distribution, entrepreneurial business, healthcarereal estate development and construction as well as in professional businesses and associations. Jim also has significant experience in global and domestic purchasing and supply chain agreements in a variety of industries including consumer goods, technology, satcom/telecom and the aerospace and aviation sectors.

Jim’s practice focuses on business and contract issues, negotiation, transactional matters, mergers and acquisitions, and corporate governance. Additionally, Jim represents entrepreneurial and startup businesses, and he handles entity formation and ownership agreements, commercial exploitation of proprietary concepts and products, domestic and international contracts and business transactions, corporate finance matters, contractual issues, and employment matters including non-competition and restrictive covenants.

Prior to joining the firm, Jim founded a boutique business and real estate firm in Melbourne. Before that, he spent ten years working as a business and transactional lawyer representing private and public companies in Daytona Beach and Melbourne.


Ahmad El-Gendi primarily focuses his practice on intellectual property and commercial litigation, and also has experience with real estate matters. 

Ahmad is a connector and a problem solver. He listens carefully to understand his clients’ needs and thinks creatively to provide legal services that address the issues at hand, including issues that clients may not have anticipated.

Ahmad focuses on intellectual property and commercial litigation, and also has experience with real estate matters. His diverse education in neurobiology and legal jurisprudence allows him to understand complex concepts quickly and streamline large amounts of information into concise, precise summations.

Ahmad treats every client’s matter with the same care he would take in addressing his own personal matters, including avoiding needless expenses. With the large Lowndes team behind him, Ahmad has enjoyed plentiful success, including reaching highly favorable resolutions for clients such as obtaining a payment of approximately $400,000, which was 95% of the initial demand, without having to proceed to prepare for and engage in a costly final arbitration hearing.

Ahmad's litigation experience in federal and state courts includes the following: IP Litigation (patents, trademarks, and copyrights), franchise and license disputes, privacy issues, international and out of state judgment domestications, fraudulent concealment and misrepresentation, personal injury, property disputes, breach of fiduciary duty, and corporate disputes. In addition, Ahmad has experience working with significant corporate clients on multifaceted transactions with capital exceeding one hundred million dollars at stake. His transactional experience also includes: contract analysis, drafting and negotiation (vendor agreements, settlement agreements, leases, easements, and license agreements), the sale of a business, and patent drafting (with a licensed agent).

Ahmad focuses on providing a calm voice of reason in the midst of escalated disputes, but does not shy away from vigorously pursuing his client’s rights through the end of any dispute. He leaves no stone unturned. Ahmad is highly attentive and responsive to his clients’ needs and looks forward to representing you.

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