H. Harold Lee

Hwi Harold Lee is a Boston attorney who concentrates on matters involving technology transactions, data privacy and security, intellectual property (IP) and information technology (IT). His practice includes the resolution of disputes through alternative channels and litigation.

Privacy and Information Security

Mr. Lee has extensive experience in assisting clients with regulatory compliance for data privacy, including in connection with U.S. federal and state laws as well as European Union (EU) directives and regulations. These include the California Consumer Privacy Act (CCPA), the Children Online Privacy Protection Act (COPPA), the Family Educational Rights and Privacy Act (FERPA), the Health Insurance Portability and Accountability Act (HIPAA) and the EU's General Data Protection Regulation (GDPR). Mr. Lee also advises clients on legal compliance and best practices in information security matters, including in connection with responding to security incidents under state breach notification laws.

His recent representative matters include serving as lead associate:

• responsible for providing privacy compliance advice to clients in a variety of industries, including educational institutes, startups, multinational corporations and a renowned public figure
• responsible for drafting website terms of use, privacy policies, privacy notices and cookies policies for a wide range of clients, including public entities and developers of software platforms and mobile apps
• representing a nationwide insurance provider and other organizations in connection with responding to data security incidents

Licensing and Transactions

Mr. Lee drafts and negotiates agreements and advises clients on a wide range of matters, including software license agreements, software-as-a-service (SaaS) agreements, online terms and conditions, development agreements, end user license agreements, master service agreements, transitional services agreements, and reseller agreements. His experience also includes performing IP due diligence and providing assessments in connection with merger and acquisition (M&A) transactions.

Mr. Lee's recent representative matters include serving as lead associate:

• responsible for drafting and negotiating various joint development agreements, patent and software assignment agreements, exclusive and non-exclusive license agreements, services agreements and other types of technology and services-related agreements for a Fortune Global 10 company
• responsible for drafting technology and trademarks license agreements on a matter representing a multinational manufacturer of energy products
• responsible for drafting and negotiating a software license, implementation and maintenance agreement for a major travel company in a complex deal worth more than $9 million
• responsible for drafting transition services agreements, due diligence memoranda and IP assignment agreements, and otherwise providing advice regarding IP issues in connection with numerous M&A transactions
• responsible for drafting and negotiating various service agreements involving e-commerce, third-party logistics (3PL) and delivery services representing a national retail company
• responsible for representing a provider of SaaS solutions in international transactions
• responsible for negotiating various master service agreements and subscription agreements, including for an identity and access management platform and an internet-of-things (IoT) platform, on matters representing a real estate private equity firm
• responsible for drafting exclusive software license agreements in various transactions, including those involving telecommunications and renewable energy companies
• responsible for drafting a commercial supply agreement for a manufacturer of cGMP and other biopharmaceutical products
• responsible for preparing various form agreements for startup companies
• responsible for drafting data sharing agreements for a national nonprofit organization.

Artificial Intelligence

Mr. Lee regularly advises clients on matters involving artificial intelligence (AI), including in connection with drafting and negotiating agreements, preparing corporate AI use policies and providing general best practices advice. He assists developers of AI systems, as well as companies that seek to use third-party AI-based solutions to augment existing business operations and capabilities.  

Electronic Signatures and Remote Online Notarization

Mr. Lee advises private and public institutions relating to compliance with federal and state requirements for electronic signatures and remote online notarizations, including the Electronic Signatures in Global and National Commerce Act (ESIGN), Uniform Electronic Transactions Act (UETA), and New York's Electronic Signatures and Records Act (ESRA), including in connection with implementing e-commerce practices.

His recent representative matters include:

• serving as lead associate responsible for providing advice under ESIGN, UETA and various state laws, including New York's ESRA, to major commercial banks and a public utility company in connection with adopting electronic signatures
• assisting in compiling a 50-state survey on permissibility of remote online notarization and compliance requirements on behalf of a multinational investment bank and financial services company

Transportation

Mr. Lee assists clients in various aspects of public procurements, including preparing procurement documents such as contract terms and technical specifications. Mr. Lee's procurement experience includes matters involving advertising technology, software development and licensing, fare payment, and operations and maintenance.

His recent representative matters include serving as lead associate:

• responsible for drafting a master services agreement and otherwise providing advice for a major state highway authority in connection with a request for proposal (RFP) for a new Enterprise Resource Planning (ERP) solution
• responsible for drafting sections related to data privacy and security in connection with a public-private partnership procurement to modernize a major transportation agency's advertising system
• responsible for drafting and negotiating service and license agreements on behalf of a multinational rail company in connection with its implementation of a positive train control safety system

Community Involvement

Mr. Lee regularly represents on a pro bono basis various nonprofit organizations in connection with technology transactions matters. He also serves on the board of directors for a nonprofit organization that serves victims of domestic abuse.