Experience

Bailey Duquette P.C.

• United States
• Law Practice
• 1 - 100 Employee

• Partner

  • May 2013 - Present

  Representing both institutional and startup clients with respect to the acquisition, development, protection, transfer, licensing and enforcement of intellectual property, information technology, software, data and other content in a variety of industries including financial institutions, startup mobile payments companies, adverting technology companies, and entertainment. In addition to transactional & litigation matters for clients, I advise clients on issues and subject matters covering privacy, technology & content licensing, IP registration and enforcement, regulatory and compliance programs, and the myriad of legal issues related to social media and marketing in the digital space. Advisory work for digital payments products has covered money transmission and other regulatory issues, as well as data security and and privacy implications, technology & development agreements, API licensing, strategic promotions, and marketing arrangements. Other advisory work includes the implications of co-mingling data, brand positioning and external communications, social media strategy, go-to-market strategy and the creation and governance of interactive law issues such as behavioral advertising, E-Sign, user generated content, and social media risk mitigation. From March 2014 to October 2014 I took a leave from the firm to return to American Express to serve as counsel within the Technology & Digital Law Group within the General Counsel's Office. From October 2014 to July 2017, I served as a seconded outside general counsel for Waterfall International Inc., a San Francisco-based mobile marketing company (merger with Upland Software, Inc. (http://www.prnewswire.com/news-releases/upland-software-announces-acquisition-of-waterfall-international-and-raises-2017-guidance-300487692.html) Show less



Waterfall International Inc.

• Austin, Texas Area

• General Counsel

  • Oct 2014 - Jul 2017

  General Counsel for mobile marketing software provider until its acquisition in July 2017 (seconded from my firm, Bailey Duquette P.C.). Lead corporate strategic and tactical legal initiatives as a member of senior management, and managed the legal function including obtaining and overseeing the work of outside counsel. General Counsel for mobile marketing software provider until its acquisition in July 2017 (seconded from my firm, Bailey Duquette P.C.). Lead corporate strategic and tactical legal initiatives as a member of senior management, and managed the legal function including obtaining and overseeing the work of outside counsel.



American Express

• United States
• Financial Services
• 700 & Above Employee

• Counsel, Technology & Digital Law Group

  • Mar 2014 - Oct 2014

  Counsel in the Technology & Digital Law Group within the General Counsel's Office. Structured, drafted and negotiated strategic agreements addressing technology integration, advertising, and data licensing with social media & digital platforms and content distribution partners. Transactions included technology servicing, pilot/beta testing, marketing, digital offers sourcing, and content licensing agreements. Counsel for interactive projects regarding strategy, standards, and delivery of customer experiences for websites and digital communications, including social media and mobile, in the U.S. and international markets. Show less



American Express

• United States
• Financial Services
• 700 & Above Employee

• Contract Counsel, Technology & Digital Law Group

  • Mar 2012 - May 2013

  Contract counsel to the Technology & Digital Law Group within the General Counsel's Office. Structured, drafted and negotiated strategic agreements addressing technology integration, advertising, and data licensing with social media & digital platforms and content distribution partners. Transactions included technology servicing, pilot/beta testing, marketing, digital offers sourcing, and content licensing agreements. Representative transactions and programs: *Technology integration, advertising and sponsorship agreement with Microsoft/Xbox LIVE for simultaneous U.S. and international integration of Amex's "Card Sync" technology with Xbox 360 entertainment platform enabling couponless merchant offers and ingame achievement in Halo 4. *Sync to Buy on Twitter, a financial institution-first program enabling a social commerce capability in which cardholders can register eligible cards and tweet special #hashtags to buy products. *American Express Pass for Apple Passbook, the first financial services Pass in Passbook enabling spending updates, purchasing notifications and real-time account balances. *Advertising and technology integration agreements with leading social media platforms. Counsel for interactive projects regarding strategy, standards, and delivery of customer experiences for websites and digital communications, including social media and mobile, in the U.S. and international markets. Created and maintained standards and best practices documentation and provide support on data protection, encryption, and interactive law issues such as website accessibility, behavioral advertising, E-Sign, user generated content, and social media risk mitigation. Show less



The Reindeer Group Ltd.

• New York, NY

• Legal Counsel

  • Apr 2010 - Feb 2012

  Legal counsel for digital advertising agency handling various IP-related matters, including intellectual property licensing, trademark and copyright clearance and registration, domain name registration, social media channels and pages (e.g., Facebook, YouTube). Tasks included contract drafting, privacy and data protection advisement in social media and emerging technologies, including mobile applications, sweepstakes and contests, sponsorship issues, industry self-regulation of alcohol advertising and marketing, protocols for compliance with privacy and data protection laws (e.g., information security procedures, marketing activities etc.), and employment and human resources issues. Show less



White & Case LLP

• United States
• Law Practice
• 700 & Above Employee

• Associate

  • 2001 - 2010

  Litigation IP practice covered all areas of intellectual property law in litigation matters for clients in a variety of industries including biotechnology, pharmaceutical, financial services and sports. Experience representing clients involved in patent and trademark litigation, trade secret misappropriation and false advertising, as well as assisting clients with intellectual property clearance, registration, transfer, enforcement, and licensing. Practice included extensive motion practice and brief writing, e-discovery, taking and defending fact and expert depositions, claim construction/Markman hearings, summary judgment, and trial. Counseled clients on privacy and data protection issues such as data security breach notification, Safe Harbor regulations, and privacy policies. White collar criminal experience running an internal corporate investigation which involved representing and advising an audit committee of a publicly traded, multinational telcomm corporation in an internal investigation of possible violations of the US Foreign Corrupt Practices Act (FCPA), in the context of an investigation and enforcement action undertaken by the US Department of Justice and the US Securities and Exchange Commission. Show less