Brett Lockwood, Smith, Gambrell & Russell, LLP Photo

Brett Lockwood

Partner
Head of the Privacy and Cybersecurity Practice

About Brett

Brett Lockwood devotes a substantial portion of his practice to serving as principal outside counsel with his clients, advising on corporate, cybersecurity and technology issues as well as significant business transactions. His practice areas include mergers and acquisitions, cybersecurity and data privacy, technology transactions, licensing, strategic alliances and corporate finance matters.

He has published extensively on business and legal topics in many publications and has spoken widely about technology legal matters. Brett is AV Rated (top rating) from Martindale-Hubbell and has been recognized as a Georgia Super Lawyer.

His current professional affiliations include serving as Co-Chair of the Atlanta Chapter of the Licensing Executives Society and as a member of the ACG’s Capital Connection Planning Committee, the International Association of Privacy Professionals, and the Technology Association of Georgia. He has previously served as a Board member and officer of the Association of Strategic Alliance Professionals, the Executive Committee of the State Bar of Georgia’s Technology Law Section (former Chair), the Business & Technology Alliance, the Atlanta Electronic Commerce Forum, the Georgia Technology Forum, Literacy Volunteers of America (Metro Atlanta), and as the Editor-in-Chief of the Georgia Bar Journal.

Representative Matters

Representative Cybersecurity and Privacy Matters

  • Coordinate nationwide data breach response for major national health care services company, including notices to affected individuals, customers and regulatory agencies, incident response, forensic investigation, insurance coverage, governmental reviews, and other compliance obligations and litigation support.
  • Advise on data breach incident response and compliance obligations for special-purpose quasi-governmental insurance company under state and federal laws.
  • Advise on data breach incident response and compliance obligations for consumer products manufacturing company in connection with inadvertent disclosure of online consumer sales data.
  • Advise on data breach incident response and compliance obligations for misplaced or stolen computer equipment including mobile devices for numerous companies in different industries, including healthcare, consulting and other professional services, online sales, retail, hospitality and manufacturing.
  • Review and prepare website privacy policies for state and federal compliance concerns and best practices for numerous clients in different industries, including restaurant services, healthcare, software, staffing, manufacturing, marketing services, retail goods, fashion, energy, and media.
  • Consult on policies and best practices for information security of customer billing data and encryption of data at rest and in transit under NIST guidelines for major healthcare services company.
  • Advise POS solutions provider on compliance with PCI DSS and PA-DSS guidelines for online and offline card payments processing.
  • Advise major media technology incubator on legal compliance (including privacy) concerns with software products for monitoring online user behavior and interaction with monitored websites.
  • Work with major POS products and services vendor on development and implementation of data breach insurance program for use with online merchants.
  • Assist with implementation of policies to comply with U.S.-E.U. Data Privacy Safe Harbor Framework and subsequent U.S.-E.U. Privacy Shield Program.

Representative Corporate and Technology Transactions

  • Advise patent licensing company with proprietary foundry casting technology on licensing and development arrangements with major US automakers and in joint venture with Canadian metals producer.
  • Serve as principal external licensing counsel for major international retail industry software licensor on significant licensing agreements throughout North America, Europe, Australia and Asia.
  • Represent nationwide Internet of Things software provider on multiple business acquisitions of companies with complementary software applications.
  • Advise major US airline on numerous software licensing and implementation transactions throughout its carrier system.
  • Lead negotiations for major South American airline on substantial software licensing acquisition to support worldwide reservations and customer service applications.
  • Advise telematics equipment and software supplier with restructuring of U.S. and non-U.S. business operations and related capital raise for expansion.
  • Represent nationwide medical billing services company on $80 million+ sale to major private equity firm and re-investment of portion of sales proceeds.
  • Serve as principal counsel to national alliance consulting organization on both technology and non-technology alliances and collaboration programs, principally with Fortune 500 companies.
  • Advise web server software company on exclusive reseller and alliance agreement with leading United Kingdom interactive content management company.
  • Advise Southeast-based hospital operating company on multi-facility, multi-state back office management and billing software license and implementation.
  • Advise home networking software provider on worldwide OEM agreement with major home electronics manufacturers and distributors.
  • Serve as general counsel to Southeast-based worldwide precious metals recovery and refining business, including advising on major supply arrangements and $100 million+ syndicated credit facility.
  • Advise major national bank on sale of $300 million+ credit card portfolio to national credit card company and to another money-center national bank.

Recognitions

Best Lawyers in America®, Atlanta, Technology Law (2019-2026); Information Technology Law, Privacy and Data Security (2021-2026)

Best Lawyers® - Atlanta "Lawyer of the Year" Information Technology Law (2023)

Georgia Super Lawyers

Martindale-Hubbell AV Rated

Georgia Trend magazine - Legal Elite

Credentials

Education

J.D., Emory University School of Law, with distinction

Graduate studies, Columbia University School of International Affairs

B.A., University of North Florida, cum laude

Admissions

  • Georgia

Organizational Involvement

Professional

Licensing Executives Society

Technology Association of Georgia

International Association of Privacy Professionals

Association for Corporate Growth

American Bar Association

Thought Leadership

Presenter, “Ten Recent Notable Developments in Data Privacy and Security Law,” CFO Leadership Council, September 2016, Atlanta, GA.

Presenter, “Social Media and the Law: How to Avoid Legal Issues,” Shoutlet Webinar, April 2015, Atlanta, GA.

Presenter, “2014 Update on Federal and State Privacy Law Trends, 2014 ACC Value Challenge, April 2014, Atlanta, GA.

Presenter, “2013 Update on Federal and State Privacy Law Trends, 2014 ACC Value Challenge, April 2013, Atlanta, GA.

Moderator, “Mobile Payments Convergence: Sorting Through the Risks and Responsibilities,” 27th Annual Georgia Technology Law Institute, October 2012, Atlanta, GA.

SGR News & Perspectives

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