- Drafted and negotiated numerous software development and licensing, Internet advertising, OEM, VAR, teaming, sales representative, distribution, revenue sharing, hardware development and leasing, services, consulting, website and mobile app development and hosted services, volume purchase and sale, manufacturing, warehouse, content, intellectual property and technology licensing agreements.
- Drafted and negotiated merger and acquisition (M&A), asset purchase and financing agreements, and; managed intellectual property, open source, privacy and data security due diligence processes.
- Counseled numerous clients on privacy and data protection issues relating to targeted advertising and geographical location tracking.
- Assisted clients in obtaining EU Safe Harbor Certification.
- Counseled numerous clients regarding data security breach responses, including coordination of nationwide consumer notification and negotiation with state attorney generals.
- Counseled numerous clients on Digital Millennium Copyright Act compliance and establishing company-wide notice and take down procedures.
- Advised clients on compliance with Payment Card Industry Data Security Standards and the development of on-line contests and sweepstakes rules.
Helen is an experienced business lawyer who represents clients in commercial transactions involving cutting edge intellectual property (IP) and technology issues. She brings a practical, business-oriented approach to advising companies ranging from global public companies to emerging start-up ventures in developing, licensing, selling, acquiring, protecting and commercially exploiting intellectual property and technology assets.
She also devotes a significant portion of her practice to advising clients in a wide variety of industries on privacy, data security and ecommerce matters. Helen works with companies to assess their legal obligations and risks and helps design and implement practical, cost-effective plans for mitigating such risks. Helen conducts numerous CLE presentations to update in-house counsel on changes in privacy and data security law.
In addition to her law practice, Helen is Adjunct Professor at Santa Clara University School of Law, where she teaches J.D. and LL.M. level classes in Technology and Intellectual Property Licensing.
Prior to joining Carr McClellan, Helen was an attorney in the Silicon Valley office of Greenberg Traurig, LLP.
• Technology licensing
• M&As, financings and valuation of IP in business transactions
• E-commerce, privacy and data security
- J.D., University of California, Berkeley School of Law (Boalt Hall)
Law and Technology Certificate
Annual Review Editor, Executive Board Member, Berkeley Technology Law Journal
- Fulbright Scholar, Humboldt University, Berlin, Germany
- M. Phil., Cambridge University, Cambridge, U.K. in International Relations
Margaret C. Peabody Fellowship
- B.A., Vassar College, in Political Science and German
Phi Beta Kappa, Departmental Honors in Political Science – Honors Thesis, Departmental Honors in German – Honors Thesis, General Honors
- Advanced German
- Intermediate French and Greek
Experience and affiliations
- American Bar Association | Science and Technology Law Section
- ABA/Section of Science & Technology Law's The SciTech Lawyer | Editorial Board Member
(2010 – present)
- State Bar of California
Courts and Forums
Admitted to practice in:
- United States District Court for the Northern, Eastern, Central and Southern Districts of California
Recent Speaking Engagements
- Panelist, "Raising Your Tax A.Q. (Awareness Quotient): Tax Issues Facing Companies that are Expanding their Business Footprint," iACC, April 10, 2014
Keynote Speaker, “Update: Privacy and Data Security Law in the United States and European Union,” Southwest Marketing Research Association Annual Meeting, February 14, 2014
- Panelist, "Latest Developments in Non-Disclosure Agreements," ACC Deal or No Deal, November 8, 2013
Speaker, “Guiding Clients Through the Maze of Digital Assets and Social Media,” New Frontiers in Estate Planning: Digital, Genetic and Art Assets, S.F. Estate Planning Council and G.G.U. School of Law Second Biennial Estate Planning Advisor Seminar, November 1, 2013
- Speaker, "Foundations of Data Breach Investigation, Analysis and Risk Mitigation," myLawCLE, September 26, 2013
- Panelist, "Extracting Value from Your Data - Legally!" Carr McClellan and Leading Women in Technology Panel Discussion, September 25, 2013
- Speaker, "Privacy Law and Data Security Update," Southwest Marketing Research Association, May 7, 2013
- “Best Practices for Internet Marketing and Advertising: How to Comply with Privacy & Data Security Laws,” Rotary Club of Burlingame (June 18, 2012) and Rotary Club of Belmont (August 27, 2012)
- “Privacy and Data Security Law in the United States and European Union: How Proposed Changes to the Law May Impact Your Business,” On-going in-house CLE presentations
- Keynote Speaker, “Update: Privacy and Data Security Law in the United States and European Union,” Southwest Marketing Research Association Annual Meeting, April 12, 2012
- Keynote Speaker, “Privacy and Data Security Law in the United States and European Union,” Southwest Marketing Research Association Annual Meeting, July 15, 2011
- Presenter, “Mobile and Social App Symposium,” Greenberg Traurig CLE Lecture Series, April 4, 2011
- Panelist, “Online Privacy Panel,” ACLU, Santa Clara University Chapter, March 31, 2010
Impact of EU Citizens’ “Right to Be Forgotten” on U.S. Companies
California Online Privacy Protection Act – Do Not Track Amendment
HIPAA and the Omnibus Rule: How to Assess Whether and What your Company Must Do to Comply
California Attorney General Issues Mobile Industry Privacy Guidelines
FCC Issues Revised Rules Restricting Telemarketing Calls
FTC Final Privacy Report: How It Impacts Business
- Author, "HIPAA and the Omnibus Rule: How to Assess Whether and What Your Company Must Do to Comply," Employers and the Law: 2013-14 Anthology of Best Articles, Ross School of Business, University of Michigan (reprinted August 2014)
- Author, Companies Implement "Do Not Track" Mechanisms in Response to FTC, Legislative and Executive Branch Proposals, The Daily Journal, June 6, 2012
- Data Security Law Sparks Concern, Business Insurance, April 5, 2010 (quoted)
- Author, Changes in the Massachusetts Electronic Data Security Laws, IPFrontline, January 26, 2010
- Author, WTO Panel on Section 110(5) of the U.S. Copyright Act, 17 Berkeley Technology Law Journal, 1, 595-611 (2002)
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