Phoenix Office
Tel: (602) 229-5228
Fax: (602) 420-5059

Heather L. Buchta

Partner

Heather Buchta has a transactional practice, covering the areas of e-commerce, software, technology and data privacy, with an additional focus on copyright and trademark prosecution. More specifically, her work focuses on software agreements (ASP, SaaS, downloadable and custom development), IT outsourcing, internet terms and conditions, internet privacy policies, electronic contracting, technology development agreements, copyright licenses, copyright prosecution, trademark licenses, and trademark prosecution. Heather is a Certified Information Privacy Professional (CIPP/US) through the International Association of Privacy Professionals.

Representative Experience

  • Drafting and negotiating complex click-wrap agreements.
  • Drafting and negotiating cloud computing and IT license and development agreements.
  • Drafting and negotiating software and technology support and maintenance agreements.
  • Analyzing ownership issues in work made for hire.
  • Drafting privacy policies for business-to-business and business-to-consumer websites.
  • Copyright issues related to websites, software, and automated databases.
  • Internet domain name and infringement issues.
  • Trademark searching, clearance, and portfolio management.
  • Ex parte and inter partes proceedings before the Trademark Trial and Appeal Board of the U.S. Patent and Trademark Office.

Legal Services

  • Intellectual Property Strategic Counseling
  • Trademarks & Copyrights
  • Intellectual Property Litigation
  • Business Law
  • Commercial Contracting
  • Direct Sales Industry
  • Data Privacy & Security
  • Higher Education
  • Technology Transfer
  • Financial Institutions Litigation
  • Health & Life Sciences
  • Health Information Technology, Privacy & Security
  • Autonomous & Connected Vehicles

Education and Honors

  • Washington University in St. Louis School of Law (J.D., 2001)
  • Dean's List
  • Order of Barristers, Washington University
  • Midwest Region First Place Team, National Best Brief Winner, Saul Lefkowitz Moot Court Competition, Washington University
  • Kansas State University (B.A., cum laude, 1998)
  • Departmental honors in French, History, and Political Science

Bar Admissions

  • Arizona

Court Admissions

  • U.S. District Court, District of Arizona, 2001

Professional and Civic Activities

  • Raising Special Kids (Advisory Board Member)
  • Raising Special Kids (Board of Directors, 2003–2009)
  • Raising Special Kids (Treasurer, Executive Committee, 2008)
  • Arizona Women Lawyers Association (Member)
  • Maricopa County Bar Association (Member)
  • American Bar Association (Member)
  • International Trademark Association (Member)
  • International Association of Privacy Professionals (Member)
  • 2008 Athena Young Professional Award Nominee
  • 2007 AZ Finest Couple, Cystic Fibrosis Foundation
  • International Trademark Association (INTA), Committee Member, Saul Lefkowitz Moot Court Competition, 2007–2009
  • Clinical Externship as Clerk for Judge Rodney Sippel, U.S. District Judge for the Eastern District of Missouri – St. Louis, Missouri

Professional Recognition

  • Selected for inclusion in Southwest Super Lawyers® – Rising Stars (2012–2016: Intellectual Property)
  • Listed in The Best Lawyers in America® (2019: Trademark Law)

Publications and Presentations

08/20/18
"Online Businesses: Get Your Privacy Ducks in a Row"
The Arizona 100

07/23/18
Once Again…California Sets the Tone for U.S. Data Privacy
Safe & Sound

06/20/18
"Panel Discussion: Data Privacy and the Next Generation of Regulation"
12th Annual Specialized CLE for In-House Counsel

05/25/18
"GDPR Enforcement Day is Here!"
Safe & Sound

04/12/18
"Legal Risks of Operating in the World of Connected Technologies (IoT)"
Quarles & Brady Seminar

12/05/17
New Online System Under the Digital Millennium Copyright Act Requires Website Operators to Re-Register Agent Designations by 2018
Copyright Law Alert

10/30/17
"Spooked by Data Breaches: How to Navigate Global Data Protection and Privacy Requirements and Avoid Data Breach Nightmares"
State Bar of Arizona International Law Section

09/14/17
"10 Tips for Cybersecurity Policies"
AZ Business Magazine

07/14/17
Business Law Training | Protecting Your Intellectual Property: How to Patent Your Copyright with a Trademark and Other Notions
Quarles & Brady LLP

06/20/17
"What You Should Know About Data Privacy, Contracts with Third Party Providers and Strategic Transactions"
11th Annual Specialized CLE For In-House Counsel

04/05/16
"The “Right to Be Forgotten” Proves Ironic for Google, But Not Expensive"
Safe & Sound

03/01/16
"Leap Forward on EU-US Data Transfers?"
Safe and Sound

02/24/16
"Federal Agencies Release Guidance on Cyber Sharing"
Safe and Sound

02/22/16
"Judicial Redress Act of 2015 Presented to the President"
Safe and Sound

12/02/15
"European Commission and Data Protection Authorities Issue Guidance"
Safe and Sound

11/25/15
​A Friendly Reminder of Alternatives from the EU Commission
Data Privacy & Security Alert

09/21/15
"Deals Demand Prior CFO Involvement in Data Security"
CFO Magazine

08/06/15
"Managing Data Privacy Issues in Commercial and M&A Transactions"
Inside Counsel

05/01/15
"U.S.-EU Safe Harbor Framework: Know Your Obligations"
Safe and Sound

04/06/15
"EU’s new data protection law is likely to impact all companies doing business in Europe"
Safe and Sound

03/30/15
"Proposed data privacy legislation at the federal level may be a step in the right direction, but falls short of consumer advocacy groups’ expectations"
Safe and Sound

02/09/15
Anthem Breach Potentially Affects One in Four Americans
Data Privacy and Security Law Alert

01/12/15
"Children’s online privacy rights must be considered by companies"
Safe and Sound

12/12/14
Federal Court Finds Retailer May Owe Banks a Duty to Protect Consumers’ Financial Information
Data Privacy and Security Law Alert

11/25/14
"How did data get to be so ‘big’?"
InsideCounsel

11/12/14
"The good and bad news about European data-security laws"
The Record Reporter

11/10/14
"What direction companies must head with ‘right to be forgotten’ laws"
Safe and Sound

10/22/14
"Rules and regulations ‘across the pond’ that may force dramatic changes"
Safe and Sound

10/21/14
California Breach Notification AB 1710
Data Privacy and Security Law Alert

10/16/14
Data 101: The New World of Privacy and Security
Arizona Technology Council

07/02/14
“Data 101: What are the basics of data protection?”
InsideCounsel

06/25/14
Broad Florida Information Security Law Impacts Numerous Companies
Technology & Data Privacy Law Update

04/15/14
How to Stop the Bleeding, Hopefully Before it Starts
Data Privacy and Security Law Alert

06/20/13
New COPPA Regulations Coming: Are You Sure You are Ready?
Data Privacy and Security Law Update

03/28/13
Supreme Court Decides the Scope of the Copyright First Sale Doctrine
Intellectual Property Law Update

05/01/10
“Full Disclosure: Policies and practices when your customers’ information is at your Website”
AFP Exchange