Evan Foster advises clients on legal issues involving technology, data privacy and cybersecurity. Customers and vendors in the health care, life sciences, financial and manufacturing industries, among others, seek his advice on technology transactions and systems acquisition including matters involving Internet and e-commerce. His experience includes drafting and negotiating cloud computing and software-as-a-service agreements.
As the co-chair of Saul Ewing’s Cybersecurity and Privacy Practice, Evan regularly counsels clients on cybersecurity incident preparation and response and data privacy and protection matters, as well as regulatory and internal compliance. This work helps business bring into focus the strategic and reputational risks they face in these aspects of their operations and he advises them on how to minimize these risks and respond when an incident occurs.
He has assisted clients in this space with:
- Coordination of data breach responses, including those involving protected health information subject to the Health Insurance Portability and Accountability Act of 1996 (HIPAA) and personally identifiable information subject to state breach law.
- Guiding forensic investigation of security incidents.
- Preparation of notifications to regulators and affected individuals post-breach.
- Investigation of insider threats.
- Drafting of incident response plans as well as policies and procedures relating to cybersecurity and data privacy.
- Counseling, particularly for the financial services and insurance industries, on New York Department of Financial Services Regulation 500.
Evan provides practical legal advice that takes into account real-world implementation of the challenges involved in the use of technology and its application to data privacy and cybersecurity by businesses of various types. His understanding of these issues is enhanced by his past experience as the founder of Foster Consulting Group, an IT consulting firm for small companies and as a business intelligence analyst. Evan also handles general corporate and commercial matters and commercial contracts, as well as general intellectual property matters.