Kathleen Porter is an intellectual property and technology partner in the Business Transactions Group, resident in the Boston office, and former chair of the firm's Intellectual Property and Technology Group. Her practice straddles the areas of intellectual property, business transactions, trade regulation, and Internet law and includes import/export control issues, such as compliance and enforcement, competition, privacy, and data security.
Her clients include precision manufacturing, life science, energy, consumer products, software, Internet and e-commerce, and other technology-driven businesses.
She has extensive experience in structuring and negotiating sophisticated domestic and cross-border commercial transactions, including license, OEM, distribution, manufacturing, and development agreements; acquisitions; supply, distribution outsourcing, and partnering arrangements; strategic alliances; business opportunities; and joint ventures.
Intellectual Property and Technology
Ms. Porter advises clients on competition and regulatory issues, including price restraints and discrimination, volume discounts, MAP and other pricing programs, territorial and exclusive licensing restrictions, joint buying programs and other trade association or group activities, consumer protection, promotions, and advertising. She also counsels clients on competition law compliance, including the preparation of competition law premerger filings, and coordinates the preparation of foreign competition law filings.
In addition to the cross-border transactional representation of domestic and international clients, Ms. Porter regularly advises foreign companies on their entry into the U.S. market, including corporate issues such as entity selection, structuring commercial agreements and marketing and sales issues, intellectual property protection, and day-to-day legal advice.
She counsels businesses on the development and implementation of data security and privacy practices to comply with the patchwork of laws and rules applicable to the collection, use, safeguarding, sharing, and transfer of protected or personal data. She regularly structures arrangements with promoters, marketers, website exchanges, and other third parties for the purchase, sale, sharing, and safeguarding of personal data. Ms. Porter prepares and negotiates representations, warranties, and indemnities regarding personal or protected data and privacy and data practices. She also assists clients with privacy audits and works with third-party certification organizations to obtain certification of companies' privacy practices. She guides clients through internal investigations to assess and address notice and other obligations regarding privacy breaches. Ms. Porter often works closely with our litigation attorneys to manage external investigations such as those by federal or state regulators.
Additionally, Ms. Porter is active in trade and privacy-focused professional organizations and attends professional, FTC, and state AG-sponsored workshops and programs to keep apprised of trade and privacy initiatives, trends, and legislative agendas as well as behavioral and dynamic marketing and emerging uses of personal data.
A regular speaker and author on data privacy and technology issues in commercial transactions, Ms. Porter is a regular panelist at the Annual PLI Privacy & Data Security Conference (Chicago 2013, 2014, 2015). She also speaks each year at the Massachusetts Continuing Legal Education Program (MCLE) on Fundamentals of Data Security Law. Over the last several years, she has also spoken and authored articles on the use of mobile devices in the workplace (BYOD), including for the American Bar Association's Business Section, the International Legal Technology Association, and Network World. Ms. Porter is also an editor and contributing author of e-counsel: The Executive's Legal Guide to Electronic Commerce, published by Robinson+Cole.