Michael L. Whitener

Michael Whitener is a VLP Partner whose legal practice focuses on two areas: (1) technology transactions and (2) data privacy and cybersecurity.

In the technology transactions area, Michael drafts and negotiates agreements relating to software and patent licensing, alliances, reseller and referral arrangements, manufacturing, supply and distribution, outsourcing, cloud computing and other internet services, and website terms of service. His constant goal is “plain English” documents that are clear, comprehensive and balanced, while protecting his clients’ interests. He also advises clients on protecting and preserving their copyrights, trade secrets, patents and other valuable intellectual property, as well as appropriate use of open source software.

In the data privacy and cybersecurity area, Michael provides practical advice on the collection, use, sharing and protection of data in compliance with an ever-changing network of privacy laws. He conducts privacy audits and risk assessments, drafts privacy/security policies and data transfer agreements, advises on compliance with U.S. and foreign data privacy laws and regulations (including the CCPA and the GDPR), and assists companies in preventing and responding to data security incidents. Michael’s data privacy expertise includes Big Data analytics, mobile applications, privacy by design, and cross-border data transfers.

Michael has received all eight certifications offered by the International Association of Privacy Professionals (IAPP), including certifications in the laws of the United States (CIPP/US), European Union (CIPP/E), Asia (CIPP/A), and Canada (CIPP/C), U.S. governmental privacy laws (CIPP/G), IT privacy best practices (CIPT), information privacy management (CIPM) and, most recently, AI governance professional (AIGP). In 2016, the IAPP designated Michael as a Fellow of Information Privacy. He was named a “BTI Client Service All-Star” in 2016 and 2019.

Michael has spent much of his legal career overseas, including postings in Tokyo, Singapore, Sydney and Doha. He was Group Counsel – International at the technology consulting firm BearingPoint, and General Counsel/Managing Director at the satellite communications firm WorldSpace Asia. He also spent two years as Senior Trade Adviser to the International Trade Administration, U.S. Department of Commerce, and was a Fulbright Fellow in Japan for a year.

Michael was previously in private practice with Sidley Austin and Hogan Lovells. He received his law degree from the University of Virginia School of Law and undergraduate degree (in English literature) from the College of William & Mary.