Jeffrey Kosc

Jeff’s practice focuses on transactional and litigation matters relating to intellectual property, information technology, artificial intelligence (AI), privacy, data security, data governance, digital transformation, e-commerce, social media, advertising, sweepstakes, and promotions.

For over 25 years, Jeff has represented clients in a wide variety of technology transactions including SaaS, PaaS, IaaS, AdTech, fintech, outsourcing, data processing, data use, development, non-disclosure, non-competition, non-solicitation, professional services, support services, service-level agreements (SLA), license, asset purchase, referral, strategic alliance, distribution, manufacturing, sales, invention, card processing, and infrastructure leasing.

Jeff also regularly advises clients regarding data security, privacy, and e-commerce issues. This involves global, federal, and state compliance with laws such as GDPR, CCPA, and CPRA 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 security incidents, data breaches and application of the PCI-DSS/CISP security standards in connection with both on-line and off-line sales.

IP and IT Transactions

• Represents global companies in complex, enterprise-wide, technology procurement, license and services agreements, including for artificial intelligence solutions, cloud platforms, enterprise applications, ERP and hardware.
• Represented a global beverage company in agreements for outsourcing of its worldwide IT infrastructure and applications management.
• Assisted biotech startup with Series A round and core technology licensing.
• Negotiated license of celebrity naming rights for nightclub.
• Represented celebrity in connection with licensing of musical theater adaptation.
• 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.

Intellectual Property Litigation

• Successfully defended motion to enjoin an event-ticket broker from using trademarks related to a well-known event and venue in a descriptive manner.
• 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 counsel in litigation and related arbitration regarding a software patent in the Eastern District of Texas and American Arbitration Association.

• “Real Regulation Around Artificial Intelligence,” The Indiana Lawyer, Dec. 8, 2021
• “U.S. Privacy Law Update: The California Privacy Rights Act,” Indianapolis Bar Association, Nov. 11, 2021
• 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