Danielle Vanderzanden Shareholder Boston 617-994-5724 dani.vanderzanden@ogletreedeakins.com Ms. Vanderzanden is a Shareholder in the Boston Office and Co-Chair of the Firm s Data Privacy Practice Group. She specializes in the areas of privacy, restrictive covenant, wage and hour, discrimination and labor and employment litigation and counseling. She devotes her practice to helping employers with employment-related disputes, conducting investigations, and providing counsel to clients seeking to reduce their potential for liability to their employees and third parties. She has personally conducted dozens of investigations, including investigations involving employee allegations of misconduct by company executives and systemic discrimination. She provides advice regarding cybersecurity and privacy matters, including applicable state, federal and multinational privacy and information security requirements. For nearly ten years, she has provided clients with advice regarding written information security policies and all aspects of data breach remediation, response, and notification. She has counseled dozens of clients through the process of complying with a myriad of data breach notification requirements among the 50 United States and in a variety of multi-national data breach scenarios. She routinely helps clients navigate the choppy waters churned by the challenges of social networking sites, the Internet of Things, and related technological developments. She has successfully represented clients in numerous cases involving restrictive covenants and intellectual property disputes; claims for ERISA benefits and executive compensation. She has defended numerous wage and hour (including class and collective actions) disputes; sex, race, age, religion and disability discrimination and/or harassment claims; and tort and retaliation matters. She has many years of experience defending clients against privacy claims, and she regularly helps clients develop policies, practices, protocols, training programs, audits and remedial measures to diminish the risks associated with information security breaches. Ms. Vanderzanden regularly speaks before industry groups and legal organizations and at conferences, roundtables, webinars, and seminars. She also provides internal training programs on topics such as data privacy and security compliance, conducting effective internal investigations, protecting intellectual property and human resource assets; complying with applicable wage, hour and anti-discrimination laws. She is an effective trial lawyer who has tried over 20 cases by herself or as first chair and has managed and resolved or taken to hearing dozens of employment arbitrations In addition to many years of experience litigating in the U.S. Court of Appeals, First and Second Circuits, and in the state and federal courts in Massachusetts, New Hampshire, and Maine, she also has represented numerous clients in arbitrations regarding compensation issues and non-competition issues before the NASD (now FINRA). Comments of others, particularly clients, best describe Ms. Vanderzanden s legal skills. In its 2009 Client Guide, Chambers noted that she is praised for her outstanding work in noncompete and wage and hour claims. In its 2010 Client Guide, Chambers described Ms. Vanderzanden as providing immediate, practical and comprehensive advice in all areas of employment law. 1 of 5 6/30/15 2:06 PM
Admitted to Practice Massachusetts Maine New Hampshire Vermont U.S. District Court, District of Massachusetts U.S. District Court, District of Maine U.S. District Court, District of New Hampshire U.S. District Court, District of Vermont U.S. Court of Appeals, First Circuit Education J.D., Boston College Law School, 1993 B.A., Columbia University, 1988 2 of 5 6/30/15 2:06 PM
Honors and Awards Best Lawyers in America Chambers USA Practice and Industry Groups Data Privacy Drug Testing Employment Law Life Sciences Litigation Unfair Competition and Trade Secrets Wage and Hour Experience As an active trial lawyer, Ms. Vanderzanden has tried over twenty cases to verdict in federal and state courts, and she has handled a myriad of matters in arbitration and before administrative agencies in Massachusetts, Maine, New Hampshire and Vermont. She has represented employers in contract actions, emergency matters involving the enforcement of restrictive covenants, claims advanced under the constitution and civil rights statutes and claims under the Employee Retirement Income Security Act ( ERISA ). She has defended employers in connection with single-plaintiff, multi-plaintiff and class action lawsuits alleging violations of state and federal wage and discrimination laws. She has managed hundreds of claims for change in control severance benefits. Ms. Vanderzanden has handled appeals in the state and federal courts. In addition to her litigation practice, Ms. Vanderzanden regularly provides counsel to employers in conducting privacy audits and assessments, revising internal policies and third-party agreements, drafting notice and consent forms, data transfer and processing agreements, sample security policies and practices. She has conducted or provided advice regarding numerous internal discrimination, harassment, rape and ethics investigations. She regularly advises clients planning and implementing large-scale voluntary and involuntary reductions in force and provides advice regarding layoff-selection methodologies, risk assessment, and avoidance and release preparation. She provides day-to-day advice to employers on a wide range of topics such as disability and leave matters, privacy issues, restrictive covenants and confidentiality policies, employee training, discipline and employment termination matters. She provides training programs designed to minimize the risks associated with the employment relationship, and she regularly advises clients in connection with developing compliance strategies that align with the culture of their business. Ms. Vanderzanden served as a temporary Assistant District Attorney for the Commonwealth of Massachusetts and prosecuted numerous criminal cases. She also has represented clients in connection with a myriad of white collar criminal investigations. 3 of 5 6/30/15 2:06 PM
Professional Activities and Speeches Professional Activities: Massachusetts Bar Association Maine Bar Association New Hampshire Bar Association, Board of Governors, New Hampshire Bar Vermont Bar Association International Association of Privacy Professionals American Intellectual Property Law Association Speeches: Ogletree Deakins Seminar - ''Once More Unto the Breach: Data Privacy and Fighting the Good Fight'' - January, 2014 - December, 2014 Ogletree Deakins Labor and Employment Counsel Exclusive - ''Breach of Data, Breach of Duty: Counsel s Role in Data Privacy and Data Breaches'' - Dana Point - January, 2014 - December, 2014 Ogletree Deakins In-House Counsel Roundtable - ''Protecting Privileged Communications While Providing Advice from Planes, Trains and Automobiles'' - Woburn - May, 2013 Ogletree Deakins Seminar - ''The Computer Fraud And Abuse Act: A New Tool To Protect Your Company s Assets'' - January, 2013 - December, 2013 Ogletree Deakins Briefing - ''Classifying Your Workforce: Is Anyone Really An Independent Contractor Anymore?'' - Boston - April, 2011 Ogletree Deakins Workplace Strategies Seminar - ''Cost-Effective Use Of Experts - They're Not Just For Litigation Any More'' - Las Vegas - May, 2010 Ogletree Deakins Briefing - ''Do Your Employees Text While Driving?'' - Waltham - March, 2010 American Lawyer Media Conference - ''Creating Leadership Roles for Women in the Legal Profession'' - New York - April, 2006 ABA Law Practice Management Section Annual Meeting - ''Women's Initiatives: A Unique Method to Retain Top Talent and Top Clients'' - Chicago - August, 2005 Our Insights Honored in the Breach: Employer Action Items for an Insurer Data Breach 02/05/2015 The Cyber Security State of the Union: Obama Commits to Protect a Free and Open Internet 01/27/2015 Supreme Court Declines to Hear Challenge of Illinois Independent Contractor Classification Law 4 of 5 6/30/15 2:06 PM
10/31/2014 Media Media Quotes December, 2014 - InsideCounsel - ''The Employees' Cyber Shield'' December, 2014 - Workforce Magazine - ''Cybercrime All the Time'' May, 2012 - SHRM.org - ''Unflattering Comments and Stray Remarks Not Gender Discrimination'' March, 2012 - American Health Lawyers Association's Labor & Employment - ''HIPAA Compliance Issues Promise to Hit the Healthcare Industry Hard in 2012'' February, 2005 - Women's Business - ''Litigation Avoidance Through Performance Management'' June, 2004 - Massachusetts Lawyers Weekly - ''Avoiding The Pitfalls Of Terminating Employees'' January, 2004 - February, 2004 - Boston Business Journal - ''What State Farm Means For Defense Counsel'' May, 2002 - Massachusetts Lawyers Weekly - ''High Court Strikes Down Employer Penalty For Violating FMLA Notice Requirement'' February, 1996 - Vol 7, The Best of MCLE Journal No. 2 (co-author) - ''The Obligation Of Reasonable Accommodation Under The Americans With Disabilities Act And The Massachusetts Fair Employment Practices Law'' January, 1992 - December, 1992 - Vol. XII, MBA Sections News on Labor and Employment Law No. 1 (co-author) - ''Truth Or Consequences: The Dangers Of Reference-Related Tort Liability'' January, 1992 - December, 1993 - MBA Best of the Sections - ''Truth Or Consequences: The Dangers Of Reference-Related Tort Liability'' Published Works August 30, 2013 - ''MA Fair Share Contribution, HIRD Repealed in FY2014 Budget'' 5 of 5 6/30/15 2:06 PM