Larkin is a technology-focused advisor, helping small and large business clients navigate complex transactions and the maze of laws relating to privacy and data security. Her practice blends commercial and technology transactions in the emerging company space with data privacy compliance and breach response.
Larkin’s experience with forensic assessments, breach notifications, and remediation - including policy creation and implementation - helps her bring a common-sense approach to security and privacy programs for companies in a range of industries. She has also defended individuals and organizations in matters involving state and federal regulators.
In her technology practice, Larkin works with clients on licensing arrangements, website and e-commerce terms and conditions, as well as structuring and negotiating securities offerings and other business transactions. She also serves as outside general counsel to a number of companies in emerging industries, advising on typical startup legal matters as well as fundraising and exits.
Before joining Moye White, Larkin established and managed Foundry Legal, where she focused on emerging businesses, privacy and data security, nonprofit and public benefit, and corporate and securities matters. At the beginning of her career, Larkin was with the Brookings Institution and practiced at an international law firm advising on cross-border transactions, historic data incident response engagements, and sensitive national security matters for both large multinational companies and individuals. She also served as in-house counsel at Visa, Inc.
Larkin is active in the Denver/Front Range startup community and regularly speaks on issues affecting startup technology businesses. She is a recognized voice in the blockchain legal industry and advises several blockchain ventures on securities and banking regulations.
Additionally, Larkin is an adjunct professor at the University of Denver and maintains an active pro bono practice.
- Providing data breach advice and counsel for one of the world’s largest financial institutions, including forensic assessment and regulatory notifications.
- Serving as data breach counsel for Colorado financial institution, including notifications, response to follow-up inquiries from regulators, and remediation.
- Advising health care companies on HIPAA compliance and best practices involving business associate agreements.
- Advising global technology industries on regulatory developments relating to data security and privacy.
- Advising global manufacturers, media companies, and financial institutions in civil and criminal investigations before the DOJ, the SEC, and committees of the U.S. Congress.
- Advised Colorado aerospace startup on blockchain technology issues, obtaining the first Colorado Division of Securities determination letter that a cryptographic digital asset was not a security.
- Representing high-tech tools manufacturer on CFIUS matters in connection with sale to foreign acquirer.
- Performing regulatory review in context of representation of Silver Lake Partners in approximately $24 billion transaction to acquire Dell Inc.
Publications and Articles
“Capital Access During the COVID-19 Crisis: Advice for Emerging Companies and Middle-Market Businesses”
Moye White Blog, March 2020
“SEC Cybersecurity Guidance Spotlights Disclosure Obligations”
Compliance Complete, November 14, 2011
“The Emerging Law of Detention 2.0: The Guantánamo Habeas Cases as Lawmaking”
“Joshua Omvig Veterans Suicide Prevention Act of 2007”
45 Harv. J. On Legis. 619, 2008
Numerous articles on Lawfare, available at www.lawfareblog.org
Speaking Engagements and Presentations
“What the Government Thinks About Your Blockchain Token”
Boulder Startup Week, May 2019
“Privacy for the Ages: A Look at Privacy Regulation in 2019”
Sustainable Business Law Meetup, February 2019
Blockchain Retrospective Continuing Legal Education
Boulder Bar Association, February 2019
Startup Law 101
Denver University, February 2019