Overview

Jim counsels domestic and foreign businesses and individuals, helping with cybersecurity and privacy issues and operational and strategic relationships and transactions through his focus on manufacturing, technology, education and services industries. In addition to project-based engagements, he provides outside general counsel services. He assists clients with protection and monetization of intellectual property and technology services and products, using licenses and other commercialization and development agreements. He also addresses software, web and mobile app opportunities and issues.

Jim strives to improve each client’s position by understanding unique circumstances, challenges and objectives, and translating complex legal concepts into practical, meaningful guidance to promote thoughtful and well-informed decision making.

Cybersecurity, Privacy and Data Protection
Jim advises clients in connection with federal laws such as the Family Educational Rights and Privacy Act (FERPA), the Gramm-Leach-Bliley Act (GLBA), the Children's Online Privacy Protection Act (COPPA), and Health Insurance Portability and Accountability Act (HIPAA), and other federal and state privacy, data protection, and breach notification requirements, as well as global data privacy and protection laws, including the EU General Data Protection Regulation (GDPR). He assists clients with proactive planning and incident response preparation, as well as post-data breach activities, including scope of breach, mitigation and notification issues. He also helps clients address privacy and data security issues in commercial agreements and technology transactions.

Intellectual Property, Software and Internet; Commercialization / Licensing 
Jim recognizes that the most valuable business asset of a growing number of businesses is the intellectual property owned by the business. He helps each client protect and exploit its business identity, marketing goodwill and advantage, confidential information and trade secrets, trademarks, copyrights, and patentable inventions, and convert these assets into revenue streams through licensing and similar arrangements. Providing tactical and strategic guidance relating to commercialization of IP is a significant aspect of Jim’s practice, and as a result he evaluates, negotiates, prepares and reviews in-licenses and out-licenses covering a variety of industries, technologies, IP rights, and activities. He has represented clients on the development and the user side of software and internet issues. A substantial portion of Jim’s practice involving software, web-based and mobile apps ownership and development, internet services and products, software as a service, platform as a service, e-commerce, and gaming. His clients appreciate his guidance regarding privacy policies, terms of use, terms of sale, EULAs, click-wrap licenses, development and distribution, and other contracts needed to properly document and protect client interests. 

Business and Corporate Representation 
Jim’s business practice emphasizes counseling businesses and their owners, including entrepreneurs, startup, emerging growth and middle market companies through his corporate and business enterprise transactions practice. Jim assists new and growing companies to address entity selection, taxation classification, capitalization and funding needs, ownership issues, and entity governance. He helps clients address internal and third-party opportunities and challenges arising from daily operations, and to evaluate and effectuate marketing and distribution activities, joint ventures, mergers, acquisitions, and sales, as well as shareholder and member disputes and issues, redemptions and buyouts, and restructuring. Jim’s advanced taxation education and experience is utilized to provide further depth of analysis and advice to his business clients.

Construction and Energy 
Prior to practicing law, Jim worked as a chemical engineer, designing and managing construction of refinery and pipeline projects, and was a strategic analyst for processing plant location and operations planning. Through his construction law practice, he guides his clients as their facilities expand, documenting and advising on engineering and architectural design, construction, engineering, and procurement relationships, with particular emphasis on industrial and commercial manufacturing facilities and processes. Jim’s energy practice addresses petroleum, alternative and renewable energy production, refining, recovery and use, including biomass, wind and solar projects.

International 
Jim works regularly with U.S.-based businesses and domestic subsidiaries of foreign businesses on a variety of international matters. He has prepared, reviewed, assisted in negotiation and interpretation and enforcement of transactions and underlying contracts involving manufacturing, supply, distributorship, dealership, licensing and royalties, technology transfer, and import and export matters. Jim has also formed and worked with U.S. businesses and joint ventures having domestic and foreign ownership, and has provided legal counsel regarding domestic ownership disputes, organization, development and operational matters for various business headquartered outside the United States, including from Canada, Germany, Belgium, Switzerland, Great Britain, France, Russia, and South Korea.