Summary

Jeff’s practice focuses on transactional and litigation matters relating to intellectual property, information technology, data security, privacy, e-commerce, telecommunications, and advertising, sweepstakes and promotions.

For over 20 years, Jeff has represented clients in the negotiation of many technology transfer, license and procurement agreements including SaaS and “cloud computing," outsourcing, data processing, development, non-disclosure, non-competition, non-solicitation, professional services, support services, service-level agreements (SLA), license, asset purchase, referral, strategic alliance, distribution, manufacturing, sales, development, invention, card processing, and equipment lease agreements.

Jeff also regularly advises clients regarding data security, privacy and e-commerce issues. This involves compliance with laws such as GDPR and preparing terms and conditions of use for web sites, drafting privacy policies, and evaluating business practices and web site content for compliance issues. His experience also includes counseling clients regarding data breaches and application of the PCI-DSS/CISP security standards in connection with both on-line and off-line sales.

In the area of advertising and promotion law, Jeff drafts sweepstakes and contest official rules, reviews advertising copy and negotiates agency agreements. He also counsels clients regarding regulatory actions and litigation proceedings by competitors related to advertising. His experience includes the negotiation of co-marketing agreements, sponsorship agreements and endorsement agreements on behalf of advertisers and personalities.

Jeff has also prosecuted many trademark applications globally and counsels clients on the expansion and maintenance of their international trademark portfolios.

In his litigation practice, he has litigated advertising, trade secret, copyright, trademark and patent matters in both courtroom and arbitration settings.

Awards

All Service Areas

Education

  • DePaul University College of Law (1996)
  • Colby College (1993)

Admissions

  • State - Indiana
  • State - Illinois
  • Federal - Northern District of Indiana
  • Federal - Southern District of Indiana
  • Federal - Northern District of Illinois
  • Federal - Eastern District of Wisconsin
  • Federal - 7th Circuit Court of Appeals

Notable Matters

Intellectual Property

  • Represented a global beverage company in agreements for outsourcing of its worldwide IT infrastructure and applications management.
  • Represented a major retailer in disputes with merchant banks, issuing banks and payment card industry in connection with alleged security breach. Representation included interpretation of the PCI-DSS/CISP security standards and counseling relating to common point of compromise (CPP/CPC) designation.
  • Represented a private equity firm in the acquisition of an Indianapolis consumer-goods company and subsequent divestiture of certain operating units.
  • Represents a Fortune 500 advertising conglomerate in multiple complex, enterprise-wide, technology procurement, license and services agreements, including applications, ERP and hardware.
  • Successfully defended motion to enjoin an event-ticket broker from using trademarks related to a well-known event and venue in a descriptive manner.

Intellectual Property Litigation

  • Lead counsel in trade secret, contract and related business torts litigation claiming over $10 million in damages in the Northern District of California for an e-commerce client.
  • Litigation counsel for a food products distributor in International Trade Commission (ITC) Tariff Act action alleging the importation and sale of products in violation of multiple U.S. patents.

Litigation

  • Litigation counsel in litigation and related arbitration regarding a software patent in the Eastern District of Texas and American Arbitration Association.
  • Obtained summary judgment and successfully defended an appeal to the Indiana Supreme Court on a rent-escalation dispute.

Speeches and Publications

  • Panelist, "GDPR and Data Localization Laws: the Growing Compliance Risk for US Businesses", Ohio Attorney General Mike DeWine’s CyberOhio Business Summit Cybersecurity & Privacy Protection Conference, March 23, 2018
  • “Recent Developments in Fair Use (Copyright),” Indiana Continuing Legal Education Forum Midwest IP Summit, Nov. 17, 2017
  • “One Stop Tech Shop: Exploring IP, the Cloud and Cyber Security,” Indianapolis Bar Association, Dec. 8, 2016
  • “Preparing for Website Accessibility Litigation,” National Association of Wholesaler-Distributors - Billion Dollar CLO Roundtable, Nov. 2, 2016
  • “Legal Issues Regarding Data Breaches And Cyber Security,” The Indiana Lawyer, Oct. 26, 2016
  • “A Primer for Drafting Cloud Computing Agreements,” Corporate Counsel, April 8, 2015
  • “Negotiating in the Cloud – What Every Business Lawyer Should Know When Negotiating Cloud Computing Contracts,” Indianapolis Bar Association, Nov. 19, 2014
  • “Understanding Key Terms for 3PLs in Information Technology Agreements,” 3PL Americas – Summer 2014

Professional Affiliations

  • Indiana State Bar Association

    Member

  • Indianapolis Bar Association

    Member, At-Large Member, IP Section

Community Involvement

  • Jewish Community Center

    Board Member, 2012-present

  • FBI Citizens' Academy

    Alumni, 2008