FacultyFaculty/Author Profile

Ieuan G. Mahony

Holland & Knight LLP

Boston, MA, USA


Ieuan G. Mahony is a partner in Holland & Knight's Boston office. He concentrates his practice in intellectual property (IP) licensing and development, data privacy and security, and information technology (IT). Mr. Mahony combines his transactional and compliance work with dispute resolution and litigation matters. His substantial background in transactional and litigation practice areas helps clients receive high-quality advice in the dynamics of reaching an agreement as well as the realities  of combating an adversary. Mr. Mahony is co-chair of the firm's Data Privacy and Security Team and a member of the firm's three partner Information Technology Governance Committee.

Mr. Mahony was previously a law clerk to Chief Justice Edward F. Hennessey of the Massachusetts Supreme Judicial Court from 1988 to 1999.

The following is a sample of recent matters that Mr. Mahony has handled:



Cloud Computing
Representing an international software integrator in a transaction with a cloud service provider and a state agency concerning a state-wide cloud solution for procurement process. The representation included a detailed focus on service level agreements (SLAs) as well as data privacy

Advising a leading global software provider in moving elements of its operating system to the cloud

 

Cross-Border Data Flows
Representing an international company in an email migration project, including providing  guidance for compliance with the EU Data Protection Directive, assisting with self-certification to the U.S. Safe Harbor, and overseeing and managing foreign counsel to obtain advice concerning compliance with foreign national data protection and privacy laws

 

Crowdfunding
Representing a client in establishing a legal model for crowdfunding of local real estate development projects. The representation includes the creation of contract structures and online agreements to foster an ecosystem of community activists, interested citizens, merchants and investors


Representing a company in the creation and implementation of a crowdsourcing structure, including consumers, merchants, advertising agencies and others in an incentive-based process of targeting advertising with benefits to charitable and other causes



Data Rights and Interest-Based Advertising
Representing an owner of a shopping history and loyalty card data set in development agreements designed to commercialize the data set in a privacy- compliant structure. The representation includes a significant focus on interest-based and online behavioral advertising, consent mechanisms, de-identified data and data rights



Development of Common API and Creation of App Developer Ecosystem:
Representing a leading telecommunications carrier in developing and implementing a suite of application programming interfaces (APIs) for telecommunications industry solution providers. The representation includes carrier-to-carrier proof of concept and development agreements, open source and creative commons agreements with app developers, consent structures for subscribers and related elements



IP Licensing and Development:
Drafting IP, information security and service level agreements on behalf of the awarding authority in connection with a $4.25 billion contract award concerning a commuter rail system

Representing a leading international manufacturer of toys and games, and trademark licensor, in connection with a widely publicized licensing transaction with an online social gaming service provider

Representing an international high-tech manufacturer in national and cross-border development and licensing transactions concerning patented capacitor, chemical and related process technologies

Representing a technology company in negotiations with large global telecommunications   carriers and chip manufacturers with respect to technology that collects and reports mobile phone use, quality of service and other metrics



Litigation and Dispute Resolution
Representing a renowned hospital group in connection with a licensing dispute with an entity commercializing healthcare technology developed by hospital researchers. The dispute involved three significant patent portfolios, ongoing joint development work, claims by the licensee that it held exclusive rights to a broad category of additional hospital patents and two international pharmaceutical licensees downstream to the parties in dispute.

Representing an international software developer and integrator in arbitration over allegations by the hiring party that a customized software development and integration project was non- functional

Representing a public authority in connection with a hacker threat to disclose – at the world's largest hacker convention – information compromising its smartcard and magnetic stripe payment structures; relied on the Computer Fraud and Abuse Act to obtain an injunction preventing the presentation at the conference, based in part on "responsible disclosure" principles



M&A:
Responsible for IP and IT elements in the sale of an aftermarket services business to global providers of business process outsourcing for $725 million.

Responsible for IP elements of a transaction that combined institutional pharmacy businesses to create a $2 billion publicly traded company.

Responsible for IP and IT aspects of a transaction in which our client acquired a provider of manufactured precision plastic products for customers in the healthcare, packaging and consumer electronics industries for $660 million.

Responsible for IP licensing and privacy elements in a $200 million transaction whereby the firm's client – a developer of and service provider to fractional timeshare and whole ownership resorts – acquired and licensed a range of properties and IP assets from an international hotel chain.



Open Source Software:

Representing a leading global software provider in structuring a transaction to permit open source development and interoperability with elements of its proprietary software code base.

Advising a nationwide provider of location-based and emergency responder technology in connection with open source licensing and development, including addressing open source software elements in connection with acquisitions.



Privacy and Information Security:
Representing an international publisher of textbooks, fiction and non-fiction books, and other content in the creation of digital, interactive platforms for the distribution of its content. The representation includes significant attention to privacy and information security issues, including advice under the Children's Online Privacy Protection Act (COPPA) and Family Educational Rights and Privacy Act (FERPA), as well as online subscription agreements and related contract mechanisms.

Reviewing data flows and structures, and developing and implementing privacy and security policies for companies in the following representative industries: financial services providers; credit reporting and monitoring services; retirement fund services; pharmaceuticals; online consumer goods retailers; medical information and informatics providers; medical blood and tissue bank donation services; translation services (online and traditional); geospatial information services; real estate maintenance services; real estate brokerage services; electronics manufacturing and distribution; transportation services; political campaign organizing services; educational services (K-12 and college/university); for-profit distance education services; online music licensing services; online musical performance rights licensing services; and online dramatic rights performance licensing services.

 

Records Retention and Management:
Overseeing the preparation and implementation of a records management policy and a set of procedures for a retirement fund with over $1.5 billion in assets.

Drafting and advising with respect to the implementation of the core elements of a global and North America records retention policy for a worldwide producer and distributor of beverages.

Developing a suite of records management policies for a $3.8 billion technology services company for inclusion in service offerings. The package included comprehensive template policies and procedures, FAQs and sample retention schedules.



Honors & Awards
The Best Lawyers in America guide, Commercial Litigation, 2003-2015

Who's Who Legal 100: Information Technology, 2014


The International Who's Who of Information Technology Lawyers, 2013, 2014 Massachusetts Super Lawyers magazine, 2004-2006, 2010-2013

The International Who's Who of Internet, e-Commerce & Data Protection Lawyers, 2010 Opening Doors for Children Award, Holland & Knight, 2003

Boston's Best Lawyers, 2008, 2009 Alpha Sigma Nu Honor Society Order of the Coif

Boston College Law Review, Member (1986-1987)

Boston College Law Review, Executive Editor (1987-1988)

Boston College Law School, James W. Smith Award for Highest Academic Rank



Publications
Corporate Compliance Answer Book, Records Management Chapter, Privacy and Security of Personal Information Chapter, Procuring Computing Resources: IP Licensing, Outsourcing and Cloud Computing Chapter, Practising Law Institute, 2015 Edition

Corporate Compliance Answer Book, Chapters titled: "Privacy and Security of Personal Information," "Procuring Computing Resources: IP Licensing, Outsourcing and Cloud Computing," and "Records Management", Practicing Law Institute, 2010-2014 Editions

Corporate Compliance Answer Book, Chapters titled: "Privacy and Security of Personal Information," and "Records Management", Practicing Law Institute, 2009 Edition

No Claim Is Too Small: Copyright Office Proposes Small Claims Tribunal, Holland & Knight Alert, November 5, 2013

Fair Use and the Digital Campus: Court Says University Doesn’t Need Permission from Publishers to Give Students Course Packs Via

E-Reserve System, Holland & Knight Alert, December 12, 2012

Privacy and Security in Mobile Apps, the Cloud, and the Internet of Things: The Role of In-House Counsel in Mitigating New Class Action and Regulatory Risks, Co-Author, October 1, 2012

Open Source Software: Fifteen Steps to Avoid a Software Disaster, Co-Author, Holland & Knight Digital Technology & E-Commerce Blog, September 24, 2012

Use Caution When Mixing Traditional and Online Contracts: Fadal Machining v. Compumachine, Holland & Knight Alert, January 17, 2012

Beware: .XXX Adult Community Domain Registration Opens September 7, 2011, Holland & Knight Alert, August 31, 2011

FTC Delays Enforcement of Red Flags Rule on Identity Theft Until Year’s End, Holland & Knight Alert, June 4, 2010

Massachusetts ID Theft Regulation Set to Take Effect on March 1, 2010: Potential Impact on Entities Across the United States, Holland & Knight Alert, February 26, 2010

FTC Indicates New Identity Theft Rules Apply to Health Care Providers; Delays Enforcement to Give Entities Time to Comply, Holland & Knight Alert, October 23, 2008

Intellectual Property Licensing Strategies: Do Your Homework Before Deeply Engaging Your Opponents, Inside the Minds: Leading Lawyers on Drafting IP Agreements, Negotiating Terms, and Evaluating Financial Implications, (Aspatore), 2007

Open Source Software Monetized: Out of the Bazaar and into Big Business, Co-Author, The Computer & Internet Lawyer, October 2004

Privacy Policies Challenged by Wireless Devices' Ability to Track User Location, Privacy Officers


Advisory (Aspen Publications), August 2001

Federal Financial Privacy Rules: Protection for Consumers, Pitfalls for Companies, Co-Author,

Business Crimes Bulletin (Leader Publications), December 2000

Financial Institutions Face Mandatory Compliance: Planning for Consumer Privacy Rules Must Start Now, Privacy Officers Advisory 1 (Aspen Publications), October 2000

Distance Learning Courses: Who Owns Them?, Holland & Knight Newsletter, August 1, 2000 Intellectual Property Licensing: Conditional Sales, The National Law Journal, April 2000

Cybersquatting: Courts, Lawmakers Forge Ahead, Mass High Tech: The Journal of New England Technology, October 1999

Legal Aspects of Consumer Transactions on the Internet, Lawyering in the International Market (Transnational Publishers, Inc.), 1999

Creating a New Legal Framework for Electronic Commerce, Boston Business Journal, August 1998 Copyright Infringement in the United States, Comparative Law Yearbook of International Business: Copyright Infringement (Kluwer Law International), 1998

United States On-Line Law, The Law of International On-Line Business: A Global Perspective (Sweet & Maxwell), 1998

Licensing Intellectual Property in the United States, International Licensing (BNA International Inc.), 1997

Intellectual Property Law and the National Information Infrastructure, Multimedia and Technology Licensing Law Report, July 1996

United States Intellectual Property Law, International Intellectual Property Law: Global Jurisdictions (J. Wiley & Sons), 1996

Title VII and Academic Freedom: The Authority of the EEOC to Investigate College Faculty Tenure Decisions, 28 B.C. Law Review 559, May 1987



Speaking Engagements

Protecting Student Data Privacy: Strategies and Best Practices in the Cloud and the Classroom, Lorman Webinar, November 5, 2014

Policing and Protecting Copyrights on the Internet: Latest Approaches and Developments, Strafford Webinar, November 4, 2014

Big Data/Big Target: Are You Ready? Managing the High Risk Security Breach, Association of Corporate Counsel, Northeast Chapter, February 4, 2014

Policing and Protecting Copyrights on the Internet: Latest Approaches and Developments, Strafford Webinar, August 1, 2013

Social Media: Best Practices in the U.S. Legal System, International Symposium for Justice and Law, November 11-14, 2012

Open Source Software: Striking the Elegant Balance, IP Trademark, Copyright, and Licensing Counsel Forum, October 25, 2012

Privacy and Security in Mobile Apps, the Cloud, and the Internet of Things: The Role of In-House Counsel In Mitigating New Risks, Association of Corporate Counsel, Northeast Chapter, October 3, 2012

The Importance of Framing Your Case: Lessons from the Bratz v. Mattel Wars, Holland & Knight Institute, September 27, 2012

Data Security: Public Contracts and the Cloud, American Bar Association, Public Contract Law Section - State and Local Division, July 27, 2012

Cyberliability: New Exposures, New Challenges, Holland & Knight Institute, May 1, 2012

Due Diligence Disclosure of Confidential and Sensitive Information: Addressing the Parties' Fears and Needs, Suffolk University Law School, Advanced Legal Studies, October 2011

Reducing Risk for Your Company Through Cloud Computing, Association of Corporate Counsel (ACC) Annual Meeting, October 24, 2010

Securing Your Digital Assets and File Transfers: Critical Legal and Technical Tools, Holland & Knight Webinar, October 18, 2010

Navigate the Cloud: Risks and Rewards in Cloud Computing, Holland & Knight Webinar, June 2010

When Good Licenses Go Bad, Holland & Knight Webinar, June 22, 2010

New Trends: Social Networking, Cyber-Security and Cloud Computing, Data Privacy & Information Security Forum, June 3, 2010

Policing and Protecting Copyrights on the Internet: Evolving Approaches - Navigating Fair Use, Infringement Claims and Secondary Liability Issues, Strafford Publications teleconference, May 12, 2010

Security in the Cloud, Franklin W. Olin College of Engineering Olin Innovation Lab, Needham, Mass., March 22, 2010

New Data Security Rules and Best Practices, Presentation co-sponsored with Suffolk University Law School's Advanced Legal Studies, the Rappaport Center for Law and Public Service, The City Solicitors and Town Counsel Association Massachusetts Municipal Association, June 5, 2009

Managing Intellectual Property Assets, Purchasing Management Association of Boston, National Heritage Museum, Lexington, Mass., March 9, 2009

Red Flags with Minimal Red Tape, South Florida Hospital and Healthcare Association, February 13, 2009

Massachusetts Information Security Program, Massachusetts Data Protection Regulations Webinar, January 2009

Red Flags With Minimal Red Tape Webinar: Efficiently Implementing A Red Flags Program, Clinical Laboratory Management Association, December 15, 2008

Trade Secrets Unveiled: Defining, Protecting, and Challenging Trade Secret Assets, Holland & Knight Webinar, September 26, 2008

Trade Secrets Revealed, Co-Presenter, Holland & Knight Institute, May 30, 2008

How To Analyze A 'No Vehicles In The Park' Restriction, Speaker, Law Day at Massachusetts Supreme Judicial Court, May 1, 2008

Copyright Compliance: Red Light or Green Light?, Copyright & Intellectual Property Symposium, California State Polytechnic University, Pomona, Calif., March 24, 2008

Litigation Holds, Spoliation of Evidence, and the Brave New World of Electronic Discovery, Southern New England Colleges and Universities Professionals, December 2007

An Intellectual Property Treasure: The King Papers Collection, A Tribute to the Martin Luther King Papers, Morehouse College, Atlanta, Ga., February 28, 2007

E-Discovery in Healthcare: Implementing a Proactive Infrastructure, Stafford Publications Teleconference, February 1, 2007, October 16, 2006

Identity Theft: The Data Controller's Perspective, British American Business Council of New England, Inc. Boston, Mass., October 4, 2006

The Scope of Derivative Works When Applied to Re-Use of Source Code, Advanced Legal Topics in Open Source and Collaborative Development in the Global Marketplace, Shidler Center for Law, Commerce & Technology, University of Washington School of Law, Seattle, Wash., March 21, 2006

Managing the Digital Campus, New England Association of Schools and Colleges Boston, Mass., December 2005

The Software Developers' Open Source Playbook, Practicing Law Institute, New York, N.Y., November 2005

Overcoming Your Fears: Utilizing Technology in Litigation, National Business Institute, Providence, R.I., April 8, 2005

Business Models in Distance Education, Boston Bar Association, Boston, Mass., March 23, 2005 Intellectual Property Protection and Emerging Markets, British American Business Council, Boston, Mass., March 10, 2005

Piracy, Copyright & Digital Rights Issues in Digital Content, Software & Information Industry Association, New York, N.Y., January 14, 2004

Launching a Legal Services Website: Legal and Ethical Issues, Masters Marketing Group, Beverly Hills, Calif., October 2002

Strategic Technology Planning: Keeping Pace with the Future, Association of Legal Administrators, Boston, Mass., October 2002

The Use and Customization of ADR Clauses in Intellectual Property Disputes, Holland & Knight Institute, Tampa, Fla., September 2002

The Role of Copyright Law in Online Course Development, California State University, Digital Campus, Fresno, Calif., March 8, 2002

The Impact of Technology on Corporate Counsel, American Corporate Counsel Association (ACCA), Northeast Chapter, Boston, Mass., November 8, 2001

Telecommunications Access Rules: The Plaintiffs’ Perspective in Greater Boston Real Estate Board v. Massachusetts Department of Transportation and Energy, Boston Bar Association, Boston, Mass., October 17, 2001

Internet Litigation: Personal Jurisdiction, Regulatory Jurisdiction, and Online Contracting, Massachusetts Continuing Legal Education, Inc., Boston, Mass., October 10, 2001

When the Dust Settles: E-Commerce Laws and Policies, The Braun Executive Lecture Series, Northern Virginia Community College, Annandale, Va., October 2001

Privacy Law and the Wireless Revolution, Institute of Electrical and Electronics Engineers Third Workshop on Wireless, Newton, Mass., September 28, 2001

“Wired” Courses: Development, Instruction, and Library Reserves, 11th Annual e-Learning Conference, Washington, D.C., April 17, 2001

Is There Privacy in Wireless?, Software Industry Association, New York, N.Y., March 2001 Online Archives and the Case of the Generous Testatrix, Simmons College, Boston, Mass., December 2000

Online Privacy Developments: Web Bugs, Cookies, and Necessary Policies, American Corporate Counsel Association; Deerfield Beach, Fla., November 2000

Internet Litigation: What Law Applies; Which Court Has Jurisdiction; Who's In Control?, Massachusetts Continuing Legal Education, Inc., Boston, Mass., October 2000

The Wired Library and Copyright Law, Simmons College, Boston, Mass., October 2000

Staking Claims: Copyrights and Patents in the Online World, E-Commerce Strategies, Laws, and Policies, Fairfax County Chamber of Commerce, McLean, Va., September 2000

Privacy Online, Massachusetts Continuing Legal Education, Inc., Boston, Mass., July 2000 Navigating The Rapids: Online Course Development and the Law, Telecon East 2000, Washington D.C., March 2000

The Evolving Law of the Internet, New England Corporate Counsel Association, Waltham, Mass., October 1999

Spotting Issues and Staking Claims: Copyrights and Patents in the Software and High Tech Industries, Global Legal Services Professionals Conference, State Street Bank, Quincy, Mass., September 1999

Trademarks in Cyberspace, Fourth International Conference on Fraud and Counterfeiting in the Imaging Supplies Marketplace, Lexington, Ky., September 1999

Fast Times: Distance Education, New Relationships, and the Law, Special Issues in College and University Law, Massachusetts Continuing Legal Education, Inc., Boston, Mass., May 1999 Internet Litigation and Electronic Commerce: Where Are the Rules In Cyberspace?,

PricewaterhouseCoopers General Counsel Forum, Waltham, Mass., March 1999

Consumer Protection on the Internet: Telecommunications, Internet and Business Start-Ups, Monte Jade Science and Technology Association of New England and the New England Chinese Information and Networking Association, Chelmsford, Mass., January 1999

Electronic Litigation Tools for the Savvy Paralegal, Massachusetts Continuing Legal Education, Inc., Boston, Mass., December 1998

Fighting Cyber Pirates on the Internet, Third International Conference on Fraud and Counterfeiting in the Imaging Supplies Marketplace, Lexington, Ky., September 1998

Consumer Protection on the Electronic Frontier, Massachusetts Continuing Legal Education, Inc., Boston Mass., May 1998

Privacy and Security in Cyberspace, The Weizmann Institute for Science, Massachusetts Institute of Technology, Cambridge, Mass., October 1996

Intellectual Property Protection in Venture Capital Transactions, Taiwan Venture Capital Delegation, Boston, Mass., June 1996

The Evolving Law of the Internet, New England Corporate Counsel Association, Waltham, Mass., October 1999

Spotting Issues and Staking Claims: Copyrights and Patents in the Software and High Tech Industries, Global Legal Services Professionals Conference, State Street Bank, Quincy, Mass., September 1999

Trademarks in Cyberspace, Fourth International Conference on Fraud and Counterfeiting in the Imaging Supplies Marketplace, Lexington, Ky., September 1999

Fast Times: Distance Education, New Relationships, and the Law, Special Issues in College and University Law, Massachusetts Continuing Legal Education, Inc., Boston, Mass., May 1999 Internet Litigation and Electronic Commerce: Where Are the Rules In Cyberspace?,

PricewaterhouseCoopers General Counsel Forum, Waltham, Mass., March 1999

Consumer Protection on the Internet: Telecommunications, Internet and Business Start-Ups, Monte Jade Science and Technology Association of New England and the New England Chinese Information and Networking Association, Chelmsford, Mass., January 1999

Electronic Litigation Tools for the Savvy Paralegal, Massachusetts Continuing Legal Education, Inc., Boston, Mass., December 1998

Fighting Cyber Pirates on the Internet, Third International Conference on Fraud and Counterfeiting in the Imaging Supplies Marketplace, Lexington, Ky., September 1998

Consumer Protection on the Electronic Frontier, Massachusetts Continuing Legal Education, Inc., Boston Mass., May 1998

Privacy and Security in Cyberspace, The Weizmann Institute for Science, Massachusetts Institute of Technology, Cambridge, Mass., October 1996

Intellectual Property Protection in Venture Capital Transactions, Taiwan Venture Capital Delegation, Boston, Mass., June 1996



Education
Boston College Law School, J.D., summa cum laude

Harvard University, B.A., English, cum laude

 

Bar Admissions
Massachusetts

 

Court Admissions
U.S. District Court for the District of Massachusetts

U.S. Court of Appeals for the First Circuit

Ieuan G. Mahony is associated with the following items:
Answer Book Chapters  Answer Book Chapters Procuring Computing Resources: IP Licensing, Outsourcing, and Cloud Computing - Corporate Compliance Answer Book (2018 Edition), Friday, September 22, 2017
Records Management - Corporate Compliance Answer Book (2018 Edition), Friday, September 22, 2017
Privacy and Security of Personal Information - Corporate Compliance Answer Book (2018 Edition), Friday, September 22, 2017
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