Kimberly A. Verska

Partner & Chief Information Officer

Email : kverska@culhanemeadows.com

Toll Free: 1-844-285-4263 ext. 704

Direct : 404-314-7816

Fax : 404-393-5140

Office : Atlanta (Primary)

Using the perfect balance of tenacity and refined legal analysis, she counsels business clients on data privacy/compliance and guides clients through complex domestic and cross-border commercial transactions.

Ms. Verska joined Culhane Meadows directly from her position as the Atlanta Managing Partner of FisherBroyles LLP and concentrates her practice on corporate and technology transactions as well as regulatory issues, particularly in the arena of data privacy.

Ms. Verska has served as outsourced general counsel for numerous companies, including both established companies and start-ups.  Her 15+ years of transactional experience cover the gamut of business transactions from inception of new businesses to international roll-out of multinational businesses.  She also has wide experience with technology transactions, including matters as diverse as advising Fortune 100 companies with e-commerce sites to assisting numerous software and service providers with their licensing and consulting agreements.

With regard to cross-border transactions, Ms. Verska’s many years as an attorney in the International Group of Alston & Bird gave her broad experience in advising clients engaging in cross-border business expansions, acquisitions and dispositions, as well as the cross-border sales of products and services and licensing of intellectual property.

Awards & Recognitions

  • Certified Information Privacy Professional (US) through the International Association of Privacy Professionals
  • Ms. Verska serves as a Board Member and was Past Chair of the Atlanta Bar Association’s International Transactions Section
  • AV Preeminent® Rating in the Martindale Hubbell Legal Directory

Representative Experience
Ms. Verska’s particular strengths are in the areas of technology, data privacy and cross-border Internet and e-Commerce transactions

  • SaaS Software Licensing.  Assisted online supply chain finance company in drafting and negotiating hundreds of multiparty clickwrap agreements for SaaS-based service facilitating sale of contract rights and accounts receivable in 20+ jurisdictions worldwide.  Assisted electronic invoicing company in drafting and negotiating agreements for SaaS-based service offering with top U.S. buyers of the service.

    Traditional Software Licensing.  Assisted financial services company in closing over twenty software license agreements with major financial institutions over the course of one year.  Implemented flat-rate plan for assisting General Counsel of major consulting company in turning around review and comment on large volumes of MSA/SOW/other agreements.

    Online Auctions.   Serve as outsourced general counsel to fourth largest Internet auction company in the U.S., including responsibility for all online agreements and interface with users, as well as all agreements with key partners and service providers.

    International Distribution.  Drafted and negotiated agreements for sale, license and/or distribution of diverse technologies throughout the EU and South America for manufacturing companies ranging from cellphones and fiberglass, to light fixtures and diapers.

  • Multinational Compliance.  Unusually long and extensive experience in advising diverse clients on the regulation of the collection, storage, use and transfer of personal data by other jurisdictions, including primarily the Data Directive (95/46/EC) of the EU and Canada’s PIPEDA.  In 2003 -2005, contributed the EU and Canadian compliance strategy pieces to a global data privacy compliance plan created for a global package delivery company, coordinating the efforts of foreign counsel to draft all appropriate filings, agreements and consents.  Also, since that time, created global or multi-jurisdictional data privacy/security compliance plans for companies ranging from a top U.S. testing company to a health-improvement service provider to global businesses and their employees.

    US Data Privacy and Security.  Created, implemented and trained employees on a soup-to-nuts U.S. data privacy and security compliance program designed for a global luxury car manufacturer, including compliance with applicable federal and state laws (including, inter alia, FTC case-law and guidance, and the regulations under FCRA/FACTA, GLB, CAN-SPAM, COPPA, and FCC Do-Not-Call).  Similar work done for many clients ranging from nationwide online bakery to local start-up in the area of digital marketing.

    US Nationwide Advice on State Law.  Advised nationwide insurance brokerage and top U.S. testing company (as well as many others) on compliance with various state laws regarding data breach and encryption, as well as those on use and disclosures of SSNs.

    Security Compliance.   Advised numerous clients on compliance with security standards, ranging from PCI standards through those applicable to financial institutions and their service providers under GLB and HIPAA.

  • Multinational e-commerce.  Assisted member of the Fortune 100 in the rollout of consumer-facing and B2B websites in over 50 countries worldwide, where website functionality had to comply with consumer e-commerce requirements in local jurisdictions.

    Mobile Advertising.   Advised a mobile marketing client on FTC and FTC compliance obligations in establishing and implementing a mobile device application platform for the distribution of SMS based coupons on mobile devices.  Advised same topics in use of electronic marketing methods (e-mail, SMS, robo-calling) by numerous clients in various situations.

    Storefronts and Intranets.   For a multinational luxury car manufacturer (as well as others), created legal structures, agreements and compliance procedures for consumer-facing storefronts throughout North America, as well as intracompany intranet (including blogs/chats/bulletin boards) for internal communications.

    Contests (Online and Print).  Advised numerous clients, both non-profit and commercial, in the creation and implementation of contests and giveaways in compliance with applicable federal and state law.  Examples include:  nationwide giveaways of valuable collector’s item handguns on US’s fourth largest Internet auction site, nationwide contest involving covert taping by mystery shoppers, numerous sweepstakes and giveaways by charitable organizations.

    Online Gaming.  Advised numerous gaming companies on legal implementation of gaming plans via the Internet, both in the US and overseas.

Selected Presentations & Publications
Ms. Verska is an influential leader in her field and has authored and co-authored numerous articles on the laws of foreign jurisdictions relating to data privacy and e-commerce, including “US Firms Weigh Their Options on EU Data Privacy Obligations” and “EU Approves Electronic Communications Directive and Member States Begin to Implement E-Commerce Directive: New Requirements Imposed on Marketing and Selling to Europeans” appearing in publications such as The Computer & Internet Lawyer and GigaLaw.com. She is a frequent speaker concerning evolving legal issues for the technology industry and other businesses.

Interesting Facts
As a linguistics major in college, Ms. Verska loves foreign languages. She can easily return to conversational ability in Russian, German and Spanish after short periods of immersion.  An avid traveler, she and her family travel annually to Guatemala with Mike’s Angels, a charity dedicated to assisting Guatemalan orphans.  Ms. Verska is also happy to share her stories of working in Moscow in the late 80’s at the American Embassy and elsewhere – she is fairly certain that she is the only corporate attorney in Atlanta who once made a report to the CIA about an attempt by the KGB to compromise her!

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