Experience
Defense Counsel for Mobile Advertising Platform Developer and Directors in Delaware Chancery Court
Served as defense counsel for a mobile advertising platform developer and its former directors in a Delaware Chancery Court action alleging breach of fiduciary duty and disclosure violations arising out of an M&A transaction.
Sale of Cybersecurity Learning Platform
Advised the client, a leading cybersecurity training platform, in its sale to an audit, cybersecurity and information technology training company, which is backed by a private equity firm. The consideration included both cash and rollover equity in the acquiring entity’s parent.
Multiple Telecom Acquisitions
Assisted telecommunications company in multiple acquisitions. Company was able to expand its national reach through such acquisitions.
Technology Licensing Dispute
Represented a mobile software company in a software licensing dispute. Secured a complete victory for the company at arbitration.
Secured Dismissal in Infringement Action for Insurance Client
Secured dismissal of breach of software license and copyright infringement action brought against insurance industry client.
Emergency TRO Motion for Lender
Defended a secured lender’s emergency motion for temporary restraining order to freeze assets of a computer software company.
Defense of Buyer in Earn-Out Dispute
Defended buyer in earn-out dispute under a stock purchase agreement to acquire a technology company.
Multimillion-Dollar Recovery for Startup Software Developer in Arbitration
Obtained multimillion-dollar recovery plus attorneys’ fees and costs for startup software developer in AAA arbitration against reseller for breaching the parties’ licensing agreement.
Created Governance Documents for National Institute of Corrections
Drafted governance documents and intergovernmental agreements relating to criminal justice information sharing among local justice and community health stakeholders adopted by the National Institute of Corrections in its revision of the Guidelines for Developing a Criminal Justice Coordinating Committee.
Advised Menswear Retailer in SMS Program Launch, Compliance
Advised a major American menswear retailer in launch a transactional SMS program allowing them to communicate via text message with customers who have opted-in. Armstrong Teasdale navigated a strict regulatory environment by identifying regulatory requirements for SMS programs, evaluating internal business processes to streamline compliance, and drafting the requisite consent language. The program required significant cross-collaboration to meet the expected deadlines.
$32 Million Merger Acquisition of Health Care Tech and Services Provider
Represented health care company in $32 million merger acquisition of health care technology and services provider, following the client’s prior convertible debt investment in the target company.
Asset Sale for Software Developer
Represented a software development company in its sale of assets to a national health care services company in the provider health care and risk management solutions market.
Beat Force Majeure Claims and Secured $3 Million in Damages in Pandemic-Driven Dispute
Represented WideOpenWest, a cable TV, internet and phone provider, before a panel of arbitrators on dueling breach of contract claims after WideOpenWest terminated its agreement with ad partner Viamedia in the midst of the COVID-19 pandemic. In the arbitration, Viamedia contended that the pandemic, as a force majeure event, excused its failure to pay WideOpenWest. The panel found Viamedia liable for breach of contract and awarded WideOpenWest nearly $3 million in damages, plus attorneys’ fees and costs.
Bankruptcy Counsel for Fortune 10 Tech Retailer
Represented a Fortune 10 American technology retailer in bankruptcy. Advised and assisted the client on many issues, including rejection, assignment and assumption of executory contracts, intellectual property license and privacy issues.
Acquisition of Online Apparel Ecommerce Business, Related IP Assets
Represented an investment firm client in the acquisition at auction of an online specialty retailer’s ecommerce business and related intellectual property assets, including trademarks and domain names, as well as merchandise and other assets. Transaction included negotiating asset purchase agreement, participating in bankruptcy negotiations, review of IP contracts, negotiating of loan document, conducting diligence of IP, as well as transition agreement for continued operation of ecommerce websites and onboarding of IP portfolio.
Patent Portfolio Development Related to Autonomous Vehicles
Led a team of patent attorneys to prepare and file several patent applications for a large client directed to the control, management and diagnostic testing of autonomous vehicles.
Dismissal of $1 Billion Class Action Claim
Successfully defended the operator of a commercial website against a putative class action involving alleged interception of an online customer's personal information, including credit card information, and disclosure of that information to third parties without the customer's consent. The plaintiff argued that this information, which was stored in a browser file before being sent to the website, was not yet a communication to website and that the interception and transmission of that information via JavaScript commands was illegal under the Wiretap Act. The court agreed with the website operator's arguments and dismissed the action. Plaintiff's counsel was seeking over $1 billion in damages, making this a significant victory.
IP Due Diligence for $900 Million Business Acquisition
Handled the IP due diligence for a client that acquired a payments technology company valued at about $900 million.
Inter Partes Review for Multinational Security Company
Handled four different inter partes reviews for multinational company specializing in security and identity solutions.
Advised on Patent Matters Related to Automotive Technologies
Advised in-house counsel on patent-related matters, including noninfringement and invalidity analyses of competitor patents. Prepared and prosecuted patent applications directed to variety of automotive technologies including automotive manufacturing, infotainment systems, electric vehicle (EV) charge controllers, audio systems, suspension systems and other mechanical systems.
Won Class Certification for Plaintiffs in Large IoT Liability Case Against Automotive Manufacturer
Lead counsel for three certified plaintiffs’ classes with an estimated 400,000 to 500,000 members, in a case alleging that various cars and trucks suffer from a series of cybersecurity defects that render the vehicles vulnerable to being hacked in a way that would allow hackers to remotely control the vehicles’ operational and safety systems, including acceleration, braking, steering and ignition.
Payment Authentication Patent Portfolio for Fintech Client
Developed patent portfolio for large fintech client in the area of payment authentication services. Multiple patent attorneys prepared and filed numerous patent applications directed to authenticating online users using client device metadata.
Representation in Class Action Involving Biometric Information Privacy Act
Represented corporate client in employment- related class action involving the Illinois Biometric Information Privacy Act.
Patent Portfolio Management for Multinational Aerospace Corporation
Managed patent applications relating to semiconductors, avionics, antennas, modeling, simulation, non-destructive testing, flight control systems, communication systems, electronics and unmanned systems.