Intellectual Property and Technology

• Drafted and negotiated a wide range of licenses and agreements related to intellectual property, technology, and e-commerce, including software development agreements, copyright, trademark, patent, and trade secret licenses, joint venture agreements, and strategic alliances

• Advised clients regarding a full spectrum of software licensing agreements and strategies, including:

• fully negotiated commercial software license agreements,

• software support and maintenance agreements,

• clickwrap licenses and other online contracts,

• software as a service (SaaS) agreements,

• cloud services agreements,

• open source licensing (including parallel OSS and commercial licensing models),

• end user license agreements (EULAs), and

• beta tester agreements

• Drafted website terms of use, privacy policies, acceptable use policies, and EULAs for numerous websites and mobile apps (including iOS apps and Android apps), including both interactive and non-interactive websites, online stores, Internet-based communication services, data analytics services, subscription-based online training platforms, and websites for professional service providers, businesses, and individuals

• Represented clients in the negotiation and drafting of intellectual property license agreements, including IP agreements with Fortune 500 and multinational corporations

• Filed numerous federal, state, and international trademark registration applications and represented clients in trademark opposition and cancellation proceedings before the U.S. Patent and Trademark Office (USPTO)

• Filed numerous responses to USPTO Office Actions to overcome initial refusals to register trademarks, including refusals on the basis that the mark creates a likelihood of confusion with another business's trademark or on the basis that the mark is "merely descriptive"

• Assisted and advised clients with the protection of their intellectual property rights against infringement by third parties and the resolution of IP disputes, including:

• Sending trademark and copyright infringement cease and desist demand letters,

• Sending DMCA takedown notices,

• Assisting with the removal of infringing content from Facebook and other social media platforms,

• Assisting with the removal of infringing products from Amazon, Etsy, and other online shopping platforms, and

• Negotiating settlement agreements

• Guided clients regarding responding to third party IP infringement claims, including:

• Responding to copyright and trademark infringement cease and desist letters,

• Sending DMCA counter notifications,

• Assisting with the restoration of content wrongly removed from Facebook and other social media platforms, and

• Assisting with the restoration of product listings wrongly removed from Amazon, Etsy, Shopify, Wish, and other online shopping platforms

• Represented clients in intellectual property infringement lawsuits

• Guided clients through the creation and management of virtual data rooms

Cybersecurity and Data Privacy

• Advised clients regarding data security and privacy issues, including:

• incident response planning,

• information governance,

• policies and procedures (including incident response plans, written information security programs, information security policies, and disaster recovery plans),

• data privacy best practices and privacy by design,

• cybersecurity best practices,

• security incident response, and

• data breach obligations and liability

• Guided clients through the data breach notification process, including compliance with the patchwork of state and federal data breach laws

• Advised clients regarding compliance with a wide range of data privacy and data security laws and regulations, including:

• the Virginia Consumer Data Protection Act (VCDPA);

• the California Consumer Privacy Act (CCPA);

• the California Privacy Rights Act (CPRA);

• the Colorado Privacy Act (CPA);

• the California Online Privacy Protection Act (CalOPPA);

• California’s "Shine the Light" Law;

• the CAN-SPAM Act;

• the Children’s Online Privacy Protection Act (COPPA);

• Federal Trade Commission Act, Section 5 (prohibiting unfair or deceptive acts or practices in or affecting commerce);

• the Health Insurance Portability and Accountability Act (HIPAA) (and implementing HHS regulations—the Privacy Rule and the Security Rule);

• the Health Information Technology for Economic and Clinical Health Act(HITECH Act); and

• EU General Data Protection Regulation (GDPR) and the EU-U.S. Data Privacy Framework (and the former EU-U.S. Privacy Shield)

Business and Corporate

• Advised and assisted numerous clients with the formation of new business entities and the restructuring of existing businesses, including preparation of critical internal and external contracts

• Served as securities counsel for private placements and associated federal and state securities filings (Regulation D and blue sky) related to capital formation, including a multi-round $53,000,000 private equity financing

• Guided clients through mergers and acquisitions in a variety of industries, including the buying and selling of businesses

• Counseled clients regarding the formation of non-profit organizations and obtaining 501(c)(3) tax exempt status

• Represented clients in the negotiation and drafting of real property and asset purchase agreements for a wide variety of businesses and industries, including online education providers, software developers, restaurants, hotel franchises, apartment buildings, newspaper publishers, bowling alleys, petroleum energy distributors, convenience stores, and others

• Drafted employment agreements, independent contractor agreements, confidentiality and non-disclosure agreements (NDAs), and other restrictive covenants for employers and business owners

• Advised clients regarding franchise agreements

• Negotiated and drafted commercial leases, office sharing agreements, and parking lot license agreements for numerous clients, including leases for restaurants, medical and dental practices, and fitness facilities

Other Experience

• Danville Circuit Court, Judicial Law Clerk to Hon. Joseph W. Milam, Jr. and David A. Melesco, 2009 – 2010

• Cerner Corporation, Software Engineer, 2004 – 2006

• Webography Designs, Web Developer, Consultant, Owner, 2002 – 2006