Overview
Kari Prochaska focuses her practice on data privacy and cybersecurity, corporate due diligence, and complex civil litigation. She has counseled clients regarding incident response, breach notification obligations under state privacy statutes, and data governance. Kari has advised clients on General Data Protection Regulation (GDPR) contractual compliance and cross border data transfer mechanisms. She is a Certified Information Privacy Professional (CIPP/US) by the International Association of Privacy Professionals (IAPP). Also, she has extensive experience supporting clients in corporate transactional due diligence, including data privacy, mergers and acquisitions, corporate reorganization, real estate portfolio acquisition and post-closing support in the healthcare and life sciences, intellectual property, manufacturing, technology, finance and media industries.
Kari has significant experience and counseling clients on data privacy issues related to Health Insurance Portability and Accountability Act (HIPAA) compliance, document preservation and collection, early case assessment, technology-assisted review and the use of analytics. She has a wide range of experience in the areas of federal healthcare investigations, patent infringement, trade secret misappropriation, antitrust investigations, shareholder derivative suits, internal investigations and audits, product liability defense, and pharmaceutical litigation.
As part of her pro bono practice, Kari has drafted executive clemency petitions, Certificates of Good Conduct and power of attorney documents. She has assisted clients in receiving protection from removal under the Deferred Action for Childhood Arrivals (DACA) program.
Results
- Drafted and negotiated GDPR data controller and data processor compliant contract terms in outsourcing agreements for multinational information technology corporation
- Developed cross border data transfer strategies for EU personal data
- Drafted physician employment agreements for healthcare provider’s in-house contracting department
- Represented hospital system in defense of qui tam litigation involving multi-year healthcare fraud investigations and alleged False Claims Act violations
- Performed key diligence and transactional support and drafted red flag memorandum regarding sales contracts for a private equity firm in its acquisition of a majority stake in a financial services provider
- Performed key diligence and transactional support in review of employment agreements, targeting Stark law issues, for a large non-profit health system in its acquisition of an acute care hospital
- Performed key diligence and transactional support in review of several hundred payor agreements for a merger involving two non-profit healthcare systems
- Performed key diligence and transactional support in review of physician employment and joint venture operating agreements for a transaction involving a healthcare company’s acquisition of a medical group
- Performed key diligence and transactional support in review of commercial real estate leases for a national apparel retailer in connection with a multi-million dollar minority investment made by an affiliate of a venture capital firm, together with co-investors, into a newly formed limited liability holding company
- Performed key diligence and transactional support in review of multiple commercial real property leases and franchise agreements for a major manufacturing corporation as part of McDermott’s representation of the client in a competitive bidding process
- Performed key diligence and transactional support in review of intellectual property license agreements for a global leader in medical devices and bioscience products, in its acquisition of 100% membership units of a development-stage company with gene-therapy based clinical trials
- Performed key diligence and transactional support in review of non-disclosure and software license agreements for a leading provider of communication solutions and services for enterprise and government customers with its acquisition of a software communications company
- Performed key diligence and transactional support in review of software license agreements for a leading provider of airline industry content and connectivity in a stock purchase transaction
Community
- Seventh Circuit Electronic Council on eDiscovery and Digital Information, Privacy and Data Breach Project Team
- International Association of Privacy Professionals (IAPP)
Credentials
Education
University of Iowa College of Law, JD, 1998
University of Iowa, BA, with distinction and honors, 1994
Admissions
Illinois
Courts/Agencies
US District Court for the Northern District of Illinois
