Jennifer Dukarski, Butzel Long Photo

Jennifer A. Dukarski is a Shareholder based in Butzel'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.

Overview

Jennifer A. Dukarski is a Shareholder based in Butzel'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, electrified and autonomous cars, shared mobility, data protection, and security. In 2020, Jennifer was named one of the 30 Women Defining the Future of Technology 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 acquisition, development, implementation, and procurement. She addresses regulatory compliance, 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 electrified, connected and autonomous vehicle and advises on automotive threat vectors and data privacy. Jennifer also represents automotive suppliers in vehicle safety including recalls and FMVSS noncompliance, technology licensing and development, technology terms and conditions, automotive biometrics, 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. 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, Six Sigma master black belt, continuous improvement lead champion, and quality manager has made her a valuable team member in complex product-related litigation. 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 CCPA, CPRA, GDPR, PIPEDA, NYDFS, BIPA, 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 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 advertising including claims substantiation, promotions and branding in the age of digital and 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 judgment on defamation and false light claims against a major broadcast network in the Eastern District of Michigan and on behalf of 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 litigates trademark and copyright disputes while regularly providing education for 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.

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). 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 Michigan Law School and the University of Detroit Mercy School of Law.

Credentials

Education

University of Detroit Mercy School of Law School 2010, J.D.

University of Detroit Mercy Undergraduate 1996, B.S. Mechanical Engineering

Admissions

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 – Co-Chair of the Internet and Technology Law Committee, member of the Data Privacy Committee and Entertainment Law Committee
  • American Bar Association – Forum on Communications Law Governing Board At-Large member; Co-Chair of the Privacy Committee; Past Chair of the Women in Communications Law Committee and Diversity Committee
  • Institute of Electrical and Electronics Engineers (IEEE) – Senior Member; Member and Vice Chair of the Privacy and Security Architecture for Consumer Wireless Devices Working Group; Chair of the Southeast Michigan Vehicle Technology Chapter

Awards & Recognitions

Awards & Recognitions

Best Lawyers in America, Litigation - Intellectual Property, 2018-2023, Privacy and Data Security Law, 2023, 2024

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

DBusiness Top Lawyers in Metro Detroit, Intellectual Property & Patent Law, 2014, 2021 - 2024; Copyright Law, 2016-2023; Information Technology Law, 2017, 2018 & 2020-2023, 

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