Kirk Barton Email and Phone Number

 Act as General Counsel in support of various administrative and corporate duties including entity rationalization and administration, contracts drafting and review, insurance contract review, and assisting Human Resources with employment issues. Established company's first contracts database. Tasked with establishing company’s compliance program, including implementing the 7 Elements of an Effective Compliance Program. Form and lead the compliance team, establish policies and procedures, train employees, and perform regular risk analysis and audits. Review on a regular basis HIPAA, False Claims Act, Stark and Anti-kickback regulations. Perform Business Associate Agreements reviews. Advise and implement privacy requirements under the California Consumer Privacy Act (CCPA).

 Promoted to Associate General Counsel and tasked with management of the legal affairs in Europe, Middle East and Asia. Managed two attorneys based in the U.K. and Netherlands. Assisted with and provided legal support for Ivanti’s acquisition and integration of two leading software companies based in Europe who have a combined revenue of over $150 million. Tasked with launching Ivanti’s Privacy Program to comply with key data privacy regulations such as Privacy Shield and GDPR. o This required a full-scale assessment of Ivanti’s potential privacy and security risks, and, where required, the institution or revision of key privacy and program documents to ensure compliance with regulations. o Drafted and reviewed commercial and license agreements regarding data privacy and data security clauses in support of sales and marketing. o Collaborated and coordinated with in-house Chief Security Officer on privacy and data security regulatory matters. Member of, and provided counsel to, Ivanti’s Security Committee which oversees data security, privacy and cyber-security. Train and advise marketing and sales employees on laws and regulations relevant to their department and geography. Manage litigation matters, both domestic and international, and coordinate resolution with outside counsel.

 Serve as lead attorney for LANDESK’s Americas Sales Division which generates over $100 million in sales of LANDESK’s on-premise and SaaS products. Responsible for drafting, reviewing and negotiating company contracts – which include end user license agreements, professional services agreements, managed services, strategic partnership, distribution/reseller and OEM agreements. Support General Counsel in various administrative and corporate duties including support for LANDESK’s M&A initiatives and transactions, review and filing of trademarks, monitoring company’s compliance with its open source policy and export restrictions, and assisting Human Resources with employment issues. Participate as a member of LANDESK’s 401k Committee.

 Served as lead attorney for operational, sales, marketing and transactional issues arising in company’s domestic and international divisions. Drafted, negotiated and reviewed company contracts, including marketing alliances, non-compete agreements, licensing and distribution agreements, consultant contracts and vendor agreements. Member of the Risk Management Committee tasked with review of counter-party contracts for the purpose of identifying and remediating company’s risk exposure. Acted as legal liaison to company’s customer dispute committee. Managed and reviewed customer and BBB disputes which posed litigation risk, and approved customer refunds of company’s products and services. Implemented a rigorous quantitative compliance program. Conducted various compliance reviews of company’s products, presentations, social media initiatives, and marketing. Included review of direct mail pieces, on-line advertising, company blogs, prize promotions, third party software interface, and on-site audit of sales presentations to ensure compliance with company policies, FTC guidelines, and federal and state statutes and regulations.

 Prepared and reviewed contracts, including international distribution agreements, licenses, sales agreements, and other purchase and marketing agreements. Performed compliance research, review, and audit functions regarding company’s HIPAA, HITECH, FDA, Stark and Anti-kickback regulations. Advised company on protected health information (PHI) requirements to ensure that all required physical, network, and process security measures were in place and followed. Named Director of Operations of company’s newly formed subsidiary. Responsibilities included coordination and supervision of the production, marketing and retailing of new product through various on-line and brick-and-mortar locations throughout the United States. Closed over $7 million in acquisitions, including conducting due diligence review and initiating and revising over 20 letters of intent and several asset and stock purchase agreements. Reviewed dozens of leases and negotiated the buy-out of five retail leases saving the company $35,000.

 Practiced criminal law, primarily handling the defense of misdemeanors and felony charges, including appearances, pleadings, motions and trials in Salt Lake City Justice and District Courts. Acted as counsel in over eight trials and motions; won all trials and motions in which I was lead counsel.

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