Dave offers guidance in developing, managing, acquiring, and defending intellectual property. He has worked with clients in diverse fields, including hospitality, consumer products, software and information technology, telecommunications, real estate, commodities exchange, beverage, product distribution, catalog sales, high-end retailing, airline, aircraft manufacturing, call center, mortgage finance, and automotive distribution.
Dave counsels clients confronted with issues concerning:
- Intellectual property in transactions, including:
- Information Technology Agreements
- Non-disclosure agreements
- Due diligence
- Mergers and acquisitions
- Licensing
- Naming rights
- Transfers
- Product and service brand development, exploitation and defense
- Trademark use and misuse on the web
- Copyright claims and defenses
- Data security and privacy in transactions
- Trade secret protection and misappropriation
- Patent, trademark, and copyright infringement
- Alternative dispute resolution (member of the International Trademark Association Panel of Neutrals)
Dave is an innovator. Reflective of this talent, he is the chief designer and most prolific proponent of the Arent Fox BrandArmada® service, which is an inventive and cost-effective, team-based approach for managing and protecting large international trademark portfolios. It combines the certainty of a scalable subscription service with an integrated, flexible, transparent and cost-effective team approach to trademark portfolio management.
Dave has also assembled a team to address all aspects of a data security breach from detection to resolution. From DMCA take-downs of offending sites to strategically managing litigation against those who unlawfully harvest private customer or patient information, from counseling regarding state data security obligations to assisting clients develop best practices against phishing and other identity theft activities, Dave and his team are prepared to meet, challenge, and thwart the worst offenders.
Examples of Dave’s representations of clients include the following:
- Dave has been engaged to develop a contract regime (primarily IP and data security) for a new initiative for a global commercial real estate company.
- He is assisting a nonprofit patient-care management firm develop a robust program for HIE (health information exchange) services for specialized patient groups.
- Dave assisted a hospital system with its EHR technology contracting.
- A financial services outsourcing company engaged Dave as primary outside IP counsel to thwart an apparent phishing attack designed to harvest user names and passwords by a cybersquatter. Within hours, the site was taken down, and within days, the defendant was enjoined from engaging in further harmful conduct.
- That same financial services outsourcing company also turned to Dave to assist with all intellectual property aspects of a complicated international corporate reorganization effort.
- Dave has successfully resolved a dispute involving Open Source licensing issues for an international hardware developer, manufacturer, and distributor.
- A multifaceted distribution and finance company looked first to Dave when confronted with a claim of patent infringement based on use of third-party’s enterprise software system.
- An international real estate company has sought Dave’s assistance in deploying an intellectual property licensing regime worldwide.
- Dave has provided trademark guidance for clients involved in a variety of naming rights contracts for entertainment venues.