FacultyFaculty/Author Profile
Holly K. Towle

Holly K. Towle

K&L Gates LLP

Seattle, WA, USA


Holly K. Towle is a partner with K&L Gates LLP, an international law firm. Ms. Towle's practice focuses on payment systems, privacy and data security, electronic business issues such as e-contracting structures for consumers customers and for business processes, and software licensing and other issues relating to information assets as distinguishable from “goods” or “services”. She is the author of two treatises, The Law of Electronic Commercial Transactions (2003-2012 A.S. Pratt & Sons), an information rich treatise explaining the legal landscape of commercial law when electronics or electronic settings are used, and also of Data Privacy, Protection, and Security Law (2012 A.S. Pratt & Sons).

Ms. Towle counsels national and international businesses, merchants, financial institutions, non-profits and educational institutions, including licensors and licensees, on a wide variety of issues regarding developments in and compliance with laws regarding Internet and e-commerce, including payment system and consumer regulatory compliance. She also identifies and analyzes for litigation counsel, "information economy" issues for use in defending or maintaining litigation. Ms. Towle is a member of the American Law Institute; is listed among the top 25 Information Technology lawyers in the Best of the Best USA ; and is included in the Guide to the World's Leading Technology, Media & Telecommunications Lawyers, in An International Who's Who of E-Commerce & Data Protection Lawyers and, for more than 15 years   in the Financial Institutions Law and the Information Technology sections of The Best Lawyers in America.

Ms. Towle speaks and is published nationally and internationally. For almost a decade, she  commented on behalf of trade organizations or other clients on proposed state and federal legislation regarding computer information transactions, electronic commerce, software licensing, proposed revisions to UCC Article 2 and consumer protection rules, and continues to assess new legislative proposals for clients. Additionally, Ms. Towle serves as chair of the E-Commerce Payment Committee of the Science and Technology Section of the American Bar Association, as well as chair of the Law of Commerce in Cyberspace, a committee of the Business Section of the Washington State Bar Association.


PROFESSIONAL/CIVIC ACTIVITIES

Member, American Law Institute
Advisor on Technology law for Board of Directors of ALI-ABA Continuing Professional Education Committee
Chair, E-Commerce Payment Committee of Science and Technology Section of American Bar Association
Member, Board of Directors, Internet Law & Regulation Member, Editorial Board, Computer Law Review International Member, CCH Computer Law Advisory Council
Member, Board of Directors, Twenty-Second Century Foundation (including assistance in drafting Foundation's successful brief in Davidson & Associates v. Jung (8th Cir., 2005))

ADMISSIONS

Bar of Washington

EDUCATION

J.D., University of Washington School of Law, Law Review
A.B., Whitman College

ACHIEVEMENTS

2012 and 2013 Best Lawyers in America®


REPRESENTATIVE EXPERIENCE

  • Design compliance and contract structure for intangible gift code exchangeable for real world items. Design electronic employment application program and an e-signature solution for teleworkers.
  • Review and revise website screens for compliance under E-Sign, UETA, payment system rules, contract law and consumer regulations for financial and educational institutions, business and non- profit corporations.
  • Draft access agreement for national franchisor-franchisee intranet to make electronic myriad franchise activities and electronic payment of royalties.
  • Formulate defenses for international litigation regarding liability of information providers.
  • Draft agreements, screens and terms of use for intranet with original equipment manufacturers. Identify and draft corrective language for various state bills regarding, SPAM, liability of internet service providers, privacy, data protection and trade secrets.
  • Draft privacy, security and identify theft policies; draft provisions for compliance and risk allocation re privacy, data protection and security for service providers and for companies retaining them.
  • Manage data security breach notices and responses for a variety of entities.
  • Review and negotiate for merchants or governmental agencies, payment processing contracts or programs, including for credit, signature debit, PIN-debit, ACH, gift or stored value/prepaid access and other transactions.
  • Draft website terms of use for international retailer of goods; international software publisher; forms supplier; filing service; loyalty programs; contact lens site etc.
  • Assist with design of electronic loan, enrollment, application and other programs for compliance under electronic commerce and federal consumer credit laws.
  • Appear and participate as observer for software industry trade organization in meetings of Drafting Committee for Computer Information Transactions, National Conference of Commissioners on Uniform State Laws.
  • Assist with establishment of back-room, provider, and end-user contracts for online service, including credit card processing or payment contracts at each level.
  • Assist with design of Internet site for direct and indirect retail distribution of software, goods and services.
  • Assist with design of Internet distribution international billing system.
  • Draft consignment structure for protection of software placed with telemarketers.
  • Draft and negotiate for licensee, enterprise license and joint software development with foreign entity. Negotiate and draft worldwide accounts receivable billing agreement and software development contract for same.
  • Counsel cellular telephone company regarding operational issues, dealer agreements, national programs and compliance with federal regulations.

 

PRIMARY PRACTICE

Technology Transactions

SECONDARY PRACTICES

  • Commercial Transactions and Outsourcing
  • Consumer Financial Services
  • Depository Institutions
  • Emerging Payment Systems
  • Interactive Entertainment
  • IP Litigation
  • IP Procurement and Portfolio Management
  • Privacy, Data Protection and Information Management
  • Telecom, Media and Technology
Holly K. Towle is associated with the following items:
CHB Chapters  CHB Chapters IP Issues in Business Transactions Concerning Data, Social Media and Online Assets - IP Issues in Business Transactions 2014 , Monday, January 13, 2014
Web Segment  Web Segment The Mobile Arena: An Evolving Landscape - Privacy and Data Security Law Institute 2014 (Fifteenth Annual) , Tuesday, May 20, 2014
MP3 Audio  MP3 Audio Fifteenth Annual Institute on Privacy and Data Security Law - The Mobile Arena: An Evolving Landscape - The Mobile Arena: An Evolving Landscape , Tuesday, May 20, 2014
Transcripts  Transcripts The Mobile Arena: An Evolving Landscape - The Mobile Arena: An Evolving Landscape , Tuesday, May 20, 2014
MP4 - Mobile Video Seg  MP4 - Mobile Video Seg Fifteenth Annual Institute on Privacy and Data Security Law - The Mobile Arena: An Evolving Landscape - The Mobile Arena: An Evolving Landscape , Tuesday, May 20, 2014
On-Demand Web Programs  On-Demand Web Programs Privacy and Data Security Law Institute 2014 (Fifteenth Annual) , Monday, June 02, 2014 , San Francisco, CA
LiveSeminar  Live Seminar IP Issues in Business Transactions 2014 , Monday, January 13, 2014 , New York, NY
Privacy and Data Security Law Institute (Fifteenth Annual) , Monday, May 19, 2014 , San Francisco, CA
Print Share Email