Other Services

Intellectual Property

Bond has substantial experience in the protection and commercial exploitation of intellectual property, including for college and university clients:

• Computer Law: Protecting proprietary rights in computer software, drafting and negotiation of computer contracts and software marketing and publishing agreements.
• Communications Law: Addressing communications policies and privacy issues.
• Copyright Law: Evaluating, registering and enforcing copyright protection for creative works; and advising regarding the use of copyright protected works in real-world and digital classroom environments.
• Government Contracts: Negotiating government contracts and cooperative research and development agreements; drafting appropriate provisions for the ownership and allocation of intellectual property rights; preparing compliance policies for government contractors; interpreting regulatory requirements; and identifying protectable technology.
• Litigation of Intellectual Property Rights: Representing clients in all types of federal and state litigation and alternative dispute resolution involving patents, copyrights and trademarks; defending clients against patent trolls, copyright trolls, and other intellectual property rights assertion entities.
• Patent Prosecution and Protection: Advising university clients and rendering opinions on the patentability of university technology and infringement of existing patents (also known as freedom-to-operate analysis); conducting patent searches and studies; preparing, filing and prosecuting patent applications; and advising university clients regarding strategy for international patent protection; and evaluating and maintaining patent portfolios.
• Technology Licensing and Technology Transfer: Drafting and negotiating copyright, patent and trademark licenses including foreign licensing and the negotiation and drafting of university/industry technology transfer agreements; and evaluating university technology and associated intellectual property for licensing purposes.
• Trademark and Service Mark Protection: Evaluating proposed trademarks and service marks for validity and enforceability; conducting clearance searches and analyses regarding use and/or registration of proposed trademarks; filing applications, prosecuting, maintaining and enforcing registered trademarks and service marks under both federal and state law; and drafting agreements and policies for trademark and character licensing programs.

Cybersecurity and Data Privacy

Higher education institutions face unique and difficult challenges relating to cybersecurity and data privacy given the breadth of information they collect and the variety of legal frameworks guiding compliance obligations. Now, more than ever, cybersecurity and data privacy are top concerns for institutions as they encounter new challenges relating to outsourcing their technological infrastructure, threats of hacking, increase in privacy regulation and advancements in technologies like artificial intelligence (AI).

Attorneys in the Bond cybersecurity and data privacy practice assist institutions of higher education across the full spectrum of legal services in the privacy and cybersecurity arenas, offering proactive advice to shore up cybersecurity programs, data privacy practices and response in the wake of a breach. Our attorneys assist clients with AI governance, technology contract review, risk mitigation strategies, privacy compliance programs, privacy policies, records management procedures and employee training. We also assist institutions facing potential litigation or regulatory action relating to technologies deployed on websites, privacy law compliance, and class action lawsuits related to a cyber breach.

Our clients have the benefit of deep industry experience as we counsel them on the many cybersecurity and data privacy challenges facing institutions. The Bond team maintains a variety of certifications including the following: Certification in Cybersecurity Leadership from Carnegie Mellon University, ANSI-accredited International Association of Privacy Professionals Certifications: Certified Information Privacy Professional/United States (CIPP/US), Certified Information Privacy Professional/European (CIPP/E), Certified Information Privacy Professional/Asia and Certified Information Privacy Manager (CIPM).

We assist institutions proactively in devising sound policies and procedures, review existing policies and practices, preparing for emerging privacy and cybersecurity challenges and responding in the event of an incident. Specifically, our services include:

• Preparation, review and implementation of cybersecurity policies and programs;
• Advise on numerous data and record related laws, including Gramm-Leach-Bliley Act (GLBA), HIPAA, FERPA, the European Union’s General Data Protection Regulation (GDPR) and China’s Personal Information Protection Law;
• Preparation and review of third-party agreements, including MSA, SaaS, Cloud Service and other technology agreements;
• Assistance with review and implementation of HRIS, SIS, CRM and other institutional software systems;
• Review and advise on cybersecurity insurance policies;
• Navigate all aspects of breach response, including investigations, duty to notify, remediation and response to regulatory oversight;
• Provide employee training and conduct handbook policy review;
• Advise boards on their oversight duties and governance structures and provide training to boards on cyber issues;
• Develop and review privacy policies, gap analysis and implementation; 
• Develop and review subject request and response policies and procedures;
• Conduct security assessments;
• Data retention policies and procedures;
• Data protection and security agreement drafting;
• Create AI guidelines and policies;
• Conduct website review and development assistance relating to cookies, pixels, session replay technology and other tracking technologies;
• Advise on disputes arising from technology and Americans with Disabilities Act and wiretapping claims; and
• Advice regarding compliance with Telephone Consumer Protection Act, Controlling the Assault of Non-Solicited Pornography and Marketing Act (commonly known as CAN-SPAM), and other laws regulating communications with students, employees and alumni.