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Artificial Intelligence: Addressing the Legal Risks and Avoiding the Tort, Commercial and IP Pitfalls in Usage and Agreements


Speaker(s): Huu Nguyen, Stephanie E. Niehaus
Recorded on: Oct. 19, 2017
PLI Program #: 228507

Huu Nguyen is a deal lawyer with a strong technical background. He focuses his practice on commercial and corporate transactions in the technology and venture space, and counsels and assists clients with FinTech transactions, artificial intelligence matters, licensing, outsourcing, complex commercial arrangements, strategic relationships, financial regulatory matters, privacy and security matters, cyber law and intellectual property rights matters. He also helps his clients with accelerator and foundry formations and associated fund formations, mergers and acquisitions, corporate governance, corporate formation and other related matters. He currently serves as Vice-Chair of the Artificial Intelligence and Robotics Committee of the ABA.

About

Before practicing corporate, commercial and technology law, Huu focused on intellectual property litigation and patent prosecution. Prior to joining Squire Patton Boggs, Huu seconded as an in-house counsel with a global financial services company. Huu was a board member of the Vietnamese-American Bar Association of Washington and has also worked on IP and transactional matters pro bono for nonprofits.

Experience

Artificial Intelligence and Machine Learning

  • Assist a natural language processing company with its data and IP issues, and its
    technology and commercial transactions.
  • Counsel a predictive automotive routing technology provider with its joint ventures, consulting services and IP issues.
  • Assist a bio-informatics company with its commercial transactions.
  • Advise a digital image processing company operating in the fashion space with its IP and commercial issues.
    FinTech
  • Representing a global financial services company in regulatory review, structuring and negotiations of agreements related to a new card product, a consumer data monitoring service, a white labeling and co-branding relationships and mobile payment systems, and a loyalty program as a service product, including our client’s relationship with a payment system company for the servicing of the solution.
  • Representing a national property management in the acquisition and implementation of an integrated payment solution from a large financial institution.
  • Representing a retailer in the acquisition and implementation of digital wallet technology.

Commercial & Supply Chain Arrangements

  • Representing an international manufacturer of equipment in cross-border sale, resell and promotion of goods.
  • Representing an international distributor of beauty supplies in retail sales transactions.
  • Representing a foreign reseller with cross-border resale transactions of high technology equipment in the financial services industry.
  • Representing a large clothing retailer with various commercial arrangements.

Outsourcing & Technology Transactions

  • Representing a leading financial services institution in outsourcing and licensing transactions.
  • Representing a life sciences company in sourcing of ERP solutions.
  • Representing a software provider in data center agreements, IP licenses, EULA, collaboration agreements, financial data services/cloud computing agreements, and employment and developer agreements.

Software Licensing

  • Representing a consumer products company in manufacturing and development transactions.
  • Representing a large shipping terminal operator in software escrow agreements, consulting and software development agreements, IP licenses and terminal services-related transactions.
  • Representing software companies in connection with EULAs and employee, contractor, referral and reseller agreements.
  • Drafting a beta testing agreement for an enterprise software company.
  • Advising various clients regarding open source, shareware and freeware licensing risks.

Formations, Mergers & Strategic Alliances

  • Representing a start-up in the formation of an innovation program and associated funding vehicles.
  • Representing a multinational media company in the acquisition of interest in a US producer and distributor of television shows.
  • Representing a financial services software provider in connection with collaboration and strategic alliance transactions.
  • Representing and advising a microchip manufacturer in the wind down of a joint venture and in new merger transactions.
  • Representing a computer and electronics manufacturer in the acquisition of a high-tech company.

Privacy & Data Security

  • Counseling clients with GLBA and other consumer privacy-related matters.
  • Assisting clients with comprehensive written information security programs.
  • Drafting and advising on privacy policies and related FTC issues.

Internet & E-Commerce

  • Representing clients with their SaaS and other cloud computing arrangements, including e-commerce solutions.
  • Counseling online clients about user-generated content agreements, DMCA issues, terms of use and publicity releases.
  • Representing a start-up online music company in connection with music licenses and website terms of use.

Credentials

Education

  • University of California, Berkeley, J.D., 2005
  • The University of Texas at Austin, M.S., with honors, 1997
  • The University of Texas at Austin, B.S., with honors, 1992

Admissions

  • New York, 2007
  • Washington, 2005

Languages

  • English
  • Vietnamese

 

About Squire Patton Boggs

Squire Patton Boggs is one of the world's strongest integrated law firms, providing insight at the point where law, business and government meet. Our multidisciplinary team of over 1500 lawyers in 46 offices across 21 countries provides unrivaled access to expertise and invaluable connections on the ground. We give our clients a voice, support their ambitions and are committed to working alongside them to achieve successful outcomes. It is a seamlessly connected service that operates on any scale - locally or globally - and encompasses virtually every matter, jurisdiction and market. Our solutions are shaped by a clear, commercially-focused understanding of our clients' business goals, while our robust and open culture enables us to find the right answers quickly and effectively from lawyers who understand the geographic, sector or issue specific challenges they face.


Stephanie Niehaus has advised and defended clients across multiple industries, including chemicals, pharmaceuticals, oil and gas, manufacturing, insurance and financial services. She has particularly deep experience in matters involving products liability, alleged toxic exposures and complex commercial disputes, having represented clients in these types of matters in state and federal courts and in alternative forums throughout the US. She has considerable trial and other in-court experience, and routinely provides strategic advice to clients seeking to avoid or minimize the risk of litigation.

Stephanie’s representative experience includes her involvement on the core defense team for a Fortune 500 global science company in federal multidistrict litigation involving novel claims of personal injury and wrongful death arising from alleged toxic exposures to perfluorinated compounds through drinking water. She was one of a four-partner trial team in two bellwether trials, and acted in a key trial support capacity for two additional bellwether trials. Stephanie’s multidistrict litigation experience also includes her participation in the defense of a large pharmaceutical company against serious personal injury claims allegedly resulting from exposures to contrast agents, in which she had significant responsibility for various aspects of fact and expert discovery, strategic development and trial preparation in several bellwether plaintiff cases.

Stephanie also had a lead role on the team defending a Fortune 500 global science company in a breach of contract dispute involving disruptive technology, managing extensive electronic discovery, developing and implementing pre-trial and trial strategies, and developing and arguing a post-trial appeal to the Second Circuit. She acted as lead counsel in a protracted contract dispute between a global plastics supplier and its software vendor, involving consideration of litigation options and strategies, ultimately supporting the client in renegotiating its licensing agreements. More recently, she successfully defended a Fortune 500 health insurance company in injunctive proceedings, first in New York state court and then in arbitration.

Stephanie has been listed in The Best Lawyers in America since 2013. She has appeared on Benchmark Litigation’s 40 Hot List, including on the inaugural list in 2017, and the “Future Star” list. She has been recognized in Ohio Super Lawyers - Rising Stars, a distinction that recognizes lawyers under the age of 40 or those in practice for 10 years or less. She also was recognized by the firm in 2010 as a Woman of Professional Excellence, an honor given in conjunction with the YWCA of Greater Cleveland that recognizes high professional standards and demonstrated career and personal growth, significant contributions to the effective, efficient operation of the firm, and a willingness to support and mentor others in the firm, especially women.

Stephanie leads the litigation practice in Squire Patton Boggs’s New York office, and is a member of the firm’s Ethics Committee.  She is admitted to practice in New York and Ohio, and multiple federal courts.  Stephanie is a graduate of Georgetown University and Notre Dame Law School.