LAWYER
Madeleine White
Associate | London
Madeleine White

Madeleine White is a member of the Intellectual Property and Cyber, Privacy and AI practices. Ms. White advises global companies across an array of industries on the intersecting patchwork of global laws that govern privacy and data security, including the EU and UK GDPR. Her work includes advising on data protection compliance projects and strategic counseling, international data transfers (including Schrems II assessments and the latest developments on data transfers from the EEA to the U.S. and other jurisdictions), personal data audits, data breach notification, data subject requests, data protection impact assessments and standard contractual clauses. She also provides strategic privacy and cybersecurity advice in the context of PE and M&A transactions.

Ms. White has extensive experience assisting clients in the asset management, life sciences and media industries, providing strategic advice to clients in such industries in relation to their obligations under privacy and data security laws and their business objectives. She is well-versed in complex privacy issues arising in the ad-tech and fin-tech space and has worked hand-in-hand with clients to develop and implement comprehensive global privacy programmes. She regularly works with other members of Dechert’s global Cyber, Privacy and AI practice to deliver coordinated cross-border advice.

Ms. White also advises across the spectrum of intellectual property matters, counseling clients on both contentious and non- contentious issues. She has experience with brand protection and enforcement, including trademark prosecution and trademark litigation. Her work also includes intellectual property licensing and intellectual property aspects of corporate transactions.

She combines her privacy and intellectual property expertise to assist clients with evolving issues relating to artificial intelligence (AI) and machine learning, advising on matters including new regulatory obligations, key gating issues for proposed AI projects, and AI governance.

She is a regular contributor to Dechert Cyber Bits, a bi-weekly publication on privacy and cybersecurity matters, and otherwise regularly publishes on topics related to privacy and cybersecurity.

Ms. White trained with Dechert and was admitted as a solicitor in September 2016.

Representative Cyber, Privacy and AI Matters

  • Working with a global health app on AI driven dynamic pricing and compliance with U.S. consumer protection laws and GDPR.
  • Advising a global provider of financial digital products and services on AI for innovative consumer products and services, which included recommendations for identifying and mitigating the risk of algorithmic bias in data sets, AI/ML processes and recommendations to target audiences, as well as the preparation of appropriate user privacy disclosures formulating risk-based solutions and arguments in light of applicable U.S. and European law and “gray areas.”
  • Acting for a global video optimization company on strategic development of a novel CCPA/CPRA and GDPR- compliant ad tech solution for omnichannel targeted advertising.
  • Advising Moderna on a range of UK and EU data privacy issues, including strategic privacy compliance advice in relation to its privacy documentation.
  • Advising a U.S. based for-profit provider of higher education and professional certification programs in the healthcare, financial services and professional certification sectors, on compliance with the GDPR and ePrivacy Directive.
  • Advising a leading publisher in the EdTech industry on its obligations and contractual arrangements in relation to student data.
  • Representing a client in its negotiations with the Committee on Foreign Investment in the United States (CFIUS) to negotiate AdTech-focused data sharing provisions.
  • Representing Chiesi Farmaceutici on sensitive data privacy issues, including advising on risks relating to distinctions between pseudonymisation and anonymisation and lack of sector alignment on data controller/processor roles, in connection with its acquisition of biopharmaceutical company Amryt Pharma in an all-cash transaction valued at US$1.48 billion.
  • Advising a leading global online marketplace for luxury pre-loved fashion in relation to its acquisition of a luxury fashion resale platform in the U.S., including the transfer and integration of the platform.
  • Advising an asset manager in relation to a phishing attack, including coordinating reporting strategy with Dechert Financial Services Group colleagues.
  • Advising a global investment adviser on emerging AI issues, including data protection and intellectual property issues, as well as forthcoming obligations stemming from the EU AI Act.
  • Providing ongoing multi-jurisdictional counselling to a global media organisation, advising on all aspects of its privacy compliance programme including arrangements and agreements with partners and service providers, adtech, employee privacy, marketing, retention, transfers, and data subject requests and complaints, and data protection by design in connection with proposed projects, and emerging AI issues.
  • Managing GDPR compliance projects for multiple investment managers.
  • Managing a GDPR compliance project for the worldwide agent of an award-winning Caribbean chain of luxury holiday resorts and providing ongoing advice and counselling regarding data breaches and subject access requests.
  • Advising on the privacy aspects and implications of an independent investigation by the former Court of Appeal judge, the Rt. Hon. Dame Elizabeth Gloster DBE, into the Financial Conduct Authority’s regulation and oversight of London Capital & Finance Plc.
  • Acting for a global financial software company in providing strategic advice on the application of EU and UK privacy laws.
  • Advising a leading private equity company on the risks relating to complex privacy and data security matters in connection with its bid for and acquisition of a global social media and dating app, including addressing significant regulatory issues and assessing the risk of regulatory proceedings in the EEA.
  • Acting for a life sciences company with operations in the U.S. and Europe in connection with its privacy framework and policies.
  • Advising a private equity firm on complex privacy matters in connection with its potential acquisition of a leading fem-tech company.
  • Advising a global provider of wireless communications infrastructure in connection with international transfers of data and implementation of standard contractual clauses.
  • Advising a cryptocurrency provider on compliance with the GDPR and ePrivacy Directive.
  • Acting on contentious data subject requests and providing related advice, such as advising an investigation firm in relation to allegations of breach of data protection legislation, breach of confidentiality and misuse of private information.

Representative Transactional Matters

  • Warwick Capital Partners on its acquisition of a majority stake in Danforth Care Partners.
  • Representing Unique X, a leading, specialist software provider to the cinema industry, in a long-term partnership with National CineMedia, the largest cinema advertising network in the U.S., via a complex IT services and licensing transaction.
  • Representing Iconix Brand Group, one of the world’s premier brand management companies, on the sale of its Umbro, Starter and Lee Cooper brands in China, Macau, Hong Kong and Taiwan and coexistence across the rest of the world. 
  • Advising a world-famous financial services provider in relation to its investment into a financial cloud technology company.
  • Acting for Endless LLP, a leading private equity firm, on the intellectual property and data protection aspects of its acquisition of the iconic Hovis brand.
  • Advising Nordic Capital, a leading private equity firm, in relation to the sale of the fintech business, Itiviti, including open source software and data privacy matters. 
  • Acting for leading football media platform, OneFootball, on the intellectual property and data protection aspects of its acquisition of Dugout, a digital media company co-owned by 10 of the world’s biggest football clubs.
  • Assisting with the IP, IT and data protection aspects of numerous acquisitions and other corporate transactions.

Representative IP Disputes

  • Advising a European pharmaceutical company in High Court litigation arising from a dispute over a pharmaceutical product licence.
  • Advising one of the world’s leading online fashion retailers, Asos plc, in its successful defence of high-stakes trade mark infringement proceedings brought against it by a Swiss company, involving proceedings in the High Court, Court of Appeal and an application to the Supreme Court. 
  • Advising the Hong Kong telecoms group PCCW in connection with a trade mark infringement and passing off dispute with British Sky Broadcasting in relation to the NOW TV brand, which included proceedings before the High Court, the Court of Appeal and the Supreme Court and various invalidity actions, revocation actions, oppositions and appeals before the EU Intellectual Property Office. 
  • Representing the iconic British luxury brand, Asprey, in various trade mark proceedings, including invalidity proceedings, examination proceedings and oppositions, before the UK Intellectual Property Office and EU Intellectual Property Office.
  • Advising a leading regulatory software platform in connection with a trade mark infringement and passing off dispute.
  • Acting on multiple trade mark disputes and registry objections for the Chinese e-commerce conglomerate, Alibaba before the EU Intellectual Property Office, including trade mark revocation and opposition proceedings. 
  • Advising an award-winning Caribbean chain of luxury holiday resorts in various trade mark matters, including examination proceedings and oppositions, before the UK Intellectual Property Office and EU Intellectual Property Office.
  • Representing JR International Sarl in respect of a dispute with the heirs to the estate of the late world chef and restauranteur Joel Robuchon regarding trade mark ownership and use. 
  • Acting for a leading global e-retailer of skincare and cosmetics in connection with various trade mark proceedings, including trade mark revocation and opposition proceedings at the UK Intellectual Property Office and EU Intellectual Property Office.
  • Advising a well-known UK restaurant chain in connection with various trade mark infringement, passing off, and copyright infringement matters, as well as domain name disputes. 
  • Representing the owner of a world-famous fashion brand in relation to a trade mark and copyright dispute over a design back catalogue. 
  • AIMA Distribution 360 Programme 2021: Dechert on managed accounts for U.S.A clients from outside the U.S.A - Dechert webinar (May 2021)
  • Happy Birthday GDPR (June 5, 2019)
  • GDPR for HR - London (November 30, 2017)
Services
    • University of Kent, Law (LLB), 2013, First Class Honours
    • University of Law, Legal Practice Course, 2014, Distinction
    • University of Oxford, Postgraduate Diploma in Intellectual Property Law and Practice, 2018
    • England and Wales