Intellectual Property & Cybersecurity

Intellectual Property

Understanding how to secure and protect your intellectual property can be just as difficult as creating it in the first place. Eaton Peabody’s Intellectual Property Practice guides its clients through all phases of the process, helping clients identify protectable intellectual property and by advising clients on the registration, ownership, protection, exploitation and enforcement of all forms of intellectual property, including patents, trademarks, copyrights, and trade secrets.

Our IP practitioners routinely secure copyright and trademark registrations for our clients in the United States and internationally. We prepare and submit provisional patent applications, we secure Utility Patents and Design Patents in the United States, and we have a network of professionals around the globe to help secure clients’ patent rights internationally. We represent clients in trademark opposition and cancellation proceedings in the Patent and Trademark Office and as plaintiffs or defendants in patent infringement, trademark infringement and copyright infringement actions in state and federal courts.  We also advise and assist clients in developing and maintaining strong trademark portfolios.

Contractual control and protection of your IP is an important element of our work. We draft and enforce licensing agreements, publication and derivative works agreements, non-competition agreements, and agreements for the exploitation of jointly-owned works. In addition, we have been successful in establishing insurance coverage and defense obligations for clients faced with infringement claims.

Cybersecurity

Businesses and individuals are awash in stories about personal privacy, data collection, breach of personally identifiable information and Big Data. What does it all mean, and what implications does it have for you and your business?

Compliance Counseling and Regulatory Guidance

We advise our clients across a number of industries on how to comply with a spectrum of local and international data privacy laws and regulations. While we strive to help clients head off investigations before they arise, our team has the knowledge and experience to help clients respond when necessary to regulatory investigations and actions at local, state, federal, and international levels. We review and follow the multitude of cybersecurity and data protection laws at the federal and state level in the U.S., as well as key international regulations.

Data Breaches and Litigation

We assist organizations during and in the aftermath of data and privacy incidents by helping to understand and navigate regulatory issues, public relations, and improving cybersecurity programs moving forward. In the event of a breach, the need for incisive advice and delivery of law-based coaching is critical to ensure that the entire incident response team protects the client’s interests.

In the event of a privacy or security breach, we serve our clients by:

  • Coordinating with internal and external IT professionals to secure the systems, remedy the problem to prevent further breaches, and identify potentially compromised data
  • Investigating the breach
  • Collaborating with relevant resources including law enforcement and insurance carriers.
  • Preparing statutory notices of the breach, as applicable.

We also advise and defend clients with regard to allegations of statutory violations under the various laws dealing with privacy, data protection, information security, and consumer protection investigations and actions at local, state, federal, and international levels.

Workplace Privacy

Working with our labor and employment attorneys, Our team will review your employee training practices and written policies in the context of cybersecurity and privacy issues. We often help our clients create, revise and/or update their policies.

We also counsel on matters such as the methodology of employee monitoring, security of information during a termination, the information that can be shared about employees after their employment, and personnel records retention matters.

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