Jennifer A. Dukarski

Jennifer A. Dukarski is a Shareholder based in Butzel Long's Ann Arbor office, practicing in the areas of intellectual property, media, and technology. She focuses her practice at the intersection of technology and communications with an emphasis on the legal issues arising from emerging and disruptive innovation: digital media and content, vehicle safety, connected and autonomous cars, shared mobility, infotainment, data privacy, and security. Jennifer leads clients in securing and protecting rights in technology through transactions and litigation.  Jennifer was named one of the 30 Women Defining the Future of Technology in January 2020 by Warner Communications for her innovative thoughts and contributions to the tech industry.  She is a Certified Information Privacy Professional concentrating on the U.S. Private Sector privacy and data protection law (CIPP/US). 

Emerging Technology, Data Privacy and Security

Jennifer’s Technology practice focuses on technology transactions including the acquisition, development, implementation, and procurement of technology.  She addresses regulatory compliance, privacy, data protection, and cybersecurity issues including drafting privacy policies, terms of use, and end user license agreements, commercialization agreements, software licensing agreements, master service agreements, global terms and conditions, data processing agreements, and Software as a Service (SaaS) agreements.

Automotive Technology and Compliance

Jennifer has become a national leader in the area of the connected and autonomous vehicle and advises on automotive threat vectors and data privacy. She also uses her emerging technology expertise to draft and negotiate development agreements and technology licensing.  Jennifer also represents automotive suppliers in vehicle safety, connected and autonomous car technology, automotive biometric data collection, warranty and product quality disputes. She counsels in the use of automotive data including the development of policies, procedures and governance while incorporating security by design, privacy by design and privacy engineering principles.  Jennifer advises on security, privacy and confidentiality in vendor data processing agreements, development agreements and production contracts.  She addresses risk mitigation and incident response related to component and entity cybersecurity, incorporating regulations and industry standards including ISO/SAE 21434. 

Her automotive expertise as a former design engineer and quality manager has made her a valuable team member in complex product-related litigation covering warranty disputes, and trade secrets. She represents clients involved in field recalls and FMVSS noncompliance with NHTSA. She is a contributor to the Original Equipment Supplier Association (OESA) North American OEM Production P.O. Terms and Conditions Comparative Analysis and currently serves as Counsel to OESA's Advanced Technology Council.

Data Protection, Privacy and Cybersecurity

Jennifer’s Technology practice also focuses on privacy rights, data protection, cybersecurity threat detection, risk assessment, breach mitigation and response. She leads clients through assessment of IT systems, employee policies, business agreements and product architecture to prepare and mitigate the effect of data breach and cyberattacks. She focuses on compliance with privacy regulations including GDPR, PIPEDA, CASL, CCPA, NYDFS, BIPA, CUBI, GLBA, HIPAA-HITECH and other state and agency requirements. 

Healthcare Technology and Compliance

Jennifer’s Health Care Technology practice focuses on the use of digital media and technology in health care including data privacy education, patient portals, telehealth, health apps, automotive health data applications, training and compliance. She represents a broad range of clients, including covered entities, business associates and independent news organizations covering health care.

Media, Entertainment and First Amendment

Jennifer assists broadcast and newspaper clients with issues including newsgathering, the Freedom of Information Act and the Open Meetings Act. She conducts pre-publication reviews, responds to retraction demands, and advises on content and publication practices.  In her entertainment practice, Jennifer represents local broadcast stations, authors and photographers.  She drafts and negotiates talent agreements, station relations agreements, special event terms and conditions, licensing agreements, and VOD and streaming rights agreements, along with preparing fair use opinions.  Jennifer assists a broad range of clients in internet advertising, promotions and branding in the age of sponsored content.  Jennifer reviews and issues opinions on use of name, likeness and intellectual property in television commercials and national brand campaigns.

She also represents clients on First Amendment, defamation, invasion of privacy, copyright, and other content-based claims.  Jennifer has successfully obtained summary disposition of defamation, false light and publication-related claims against newspaper clients in the State of Michigan.  She has briefed establishment of religion and freedom of religion claims for the United States Court of Appeals for the Sixth Circuit.

Intellectual Property

Jennifer’s Intellectual Property practice focuses on the protection, licensing and enforcement of trademarks, copyrights and trade secret rights. She assists national media companies in trademark and copyright disputes and litigation while regularly providing education for broadcasting and print publication clients in the area of fair use, copyright protection and trademark usage.  Jennifer addresses DMCA takedown requests.  She negotiates licensing agreements including complex sync and master rights in streaming and social media contexts.  She has successfully represented clients in Opposition and Cancellation proceedings in front of the United States Trademark and Trial Board.

General

As a self-titled "recovering engineer," Jennifer held high-level quality management and engineering positions at major Tier One suppliers. She worked extensively on successful automotive product launches, managing vendors and manufacturing facilities. Working as a design engineer, she received multiple Record of Invention Awards for contributions to patents and trade secrets. She is a Six Sigma Certified Master Black Belt.

Jennifer is a graduate of the University Of Detroit Mercy School Of Law (J.D., magna cum laude, 2010). Her honors include the Frank Murphy Honor Society Member and the Denise Ilitch Scholarship Award. She was an Associate Editor at the University of Detroit Mercy Law Review and the Executive Director of the Moot Court Board of Advocates where she won the National Championship at the inaugural National Moot Court Invitational Tournament.

Ms. Dukarski is also a graduate of the University of Detroit Mercy College of Engineering and Science, (B.S., Mechanical Engineering, summa cum laude, 1996) where she was a full-ride Insignis Scholar, Tau Beta Pi Engineering Honor Society Member, Student of the Year, winner of the Reverend Huetter Award for Leadership in Athletics, and Fencing Team Captain.

Jennifer also held positions at the United States House of Representatives, Washington, D.C. as a Congressional Page.  She currently teaches Mobility Law at the University Of Detroit Mercy School of Law, as Adjunct Faculty.

Education

  • University of Detroit Mercy School of Law Law School 2010, J.D.
  • University of Detroit Mercy Undergraduate 1996, B.S. Mechanical Engineering

Recognitions

Best Lawyers in America, Litigation - Intellectual Property, 2018-2021

Michigan Super Lawyers, Rising Star Intellectual Property Litigation, 2013-2020

DBusiness Top Lawyers in Metro Detroit, Intellectual Property & Patent Law, 2014; Copyright Law, 2016-2020; Information Technology Law, 2017, 2018  & 2020

Admissions

  • Michigan
  • United States Court of Appeals for the Sixth Circuit
  • United States District Court for the Eastern District of Michigan
  • United States District Court for the Western District of Michigan

Memberships

Certified Information Privacy Professional U.S. Private Sector (CIPP/US)

Member of the Institute of Continuing Legal Education's Technology Law and Training Advisory Board

Media Law Resource Center - Internet Law Committee, Data Privacy Committee, Entertainment Law Committee

American Bar Association – Forum on Communications Law member; Chair of the Women in Communications Law Committee

Advisory Board Member to the University of Detroit Mercy College of Engineering, Mechanical Engineering Department

Arthritis Ambassador for the Arthritis Foundation

Society of Automotive Engineers (SAE) – Featured Columnist, Autonomous Vehicle Engineering Magazine

Institute of Electrical and Electronics Engineers (IEEE) – Senior Member; Member of the Privacy and Security Architecture for Consumer Wireless Devices Working Group; Member of the News Site Trust Working Group

News

Client Alerts

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