PRACTICE AREAS

 
 

INTELLECTUAL PROPERTY & DATA PRIVACY

The firm understands that in today’s digital environment, intellectual property rights and data are the lifeblood and foundation of many businesses and nonprofits, so we partner with our clients to strategically and proactively protect, expand, and steward these critical assets.

 

COPYRIGHT & TRADEMARK

The firm brings copyright and trademark expertise to offer our clients a range of services including drafting and negotiating IP license, assignment, and release agreements, clearing and managing trademark portfolios, and counseling on IP policies to ensure protection and stewardship of content and brands.

  • Counseled publisher through its termination of a 30+ year co-publishing agreement with a major New York publishing house for a bestselling book property and guided post-termination copyright and trademark strategy for the same.

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    Drafted and negotiated podcast license agreement for distribution by national radio network.

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    Drafted and negotiated a multi-year IP license agreement for the creation and use of curriculum based on New York Times Bestselling book.

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    Advised higher education institution on developing IP policies for faculty and staff.

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    Achieved favorable settlement for a major US nonprofit related to copyright infringement claims by an artist.

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    Drafted and negotiated TV materials releases for use of content in major network and online streaming television shows.

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    Negotiated promotional partnership including copyright and trademark licenses with a top 3 dating app.

 

DATA PRIVACY & SECURITY

The firm counsels clients on compliance with data privacy laws, including US state laws and the European Union’s General Data Protection Regulation (GDPR), and data breach readiness and response. Our team has designed and counseled on GDPR compliance frameworks, drafted privacy policies, and counseled on data breaches.

  • Represented Fortune 50 client in a two-year-long data security and privacy investigation and counseled on data privacy and security laws and governance.

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    Represented global nonprofit in response to a third-party vendor data breach implicating personal information of employee and volunteer applicants.

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    Counseled global real estate coaching company on in improvements to GDPR compliance program.

 
 

ENFORCEMENT & EXPANSION

The firm works with brand and content owners from brand conception to maturity to provide strategic counsel and support to grow brands and protect against copyright or trademark infringement, dilution, and misappropriation. This includes counsel on brand design and selection and licensing, as well as enforcement, whether informal, via third-party platform enforcement processes, or through litigation. The firm also draws on deep knowledge and experience with government agencies engaged in anti-counterfeiting enforcement and IP theft investigations, including the National Intellectual Property Rights Coordination Center (IPR Center).

  • Developed enforcement and expansion strategy for New York Times bestselling book and related internationally-recognized brand that included filing more than 100 trademark applications around the world.

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    Negotiated license agreement with leading international real estate company for international expansion of real estate coaching program.

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    Negotiated trademark assignment and license-back agreement to settle trademark infringement and dilution dispute.

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    Assisted a global manufacturing company with a cease-and-desist letter to a distributor suspected of selling counterfeit products.

 

TECHNOLOGY AGREEMENTS

Technology agreements are the foundation of companies and nonprofits and govern mission- critical data but are often entered into unilaterally by clickthrough terms and conditions. The firm negotiates these agreements for our clients to ensure the ongoing success and continuity of their operations and mission and compliance with the law.

  • Negotiated enterprise-wide technology purchases and software as a service (SaaS) agreements for customer relationship management (CRM), contract management, and event management for global media and higher education nonprofit.

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    Negotiated agreement for development of custom mobile application that was twice featured as Apple’s “App of the Day” and ranked in Apple’s top 10 Lifestyle apps.