H. Harold Lee

Clients rely upon Mr. Lee to draft and negotiate technology agreements, 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. Mr. Lee also regularly advises clients in connection with commercializing and adopting technology solutions. His experience also includes performing IP due diligence and providing assessments in connection with merger and acquisition (M&A) and financial transactions.

Mr. Lee's recent representative matters include drafting and negotiating:

• 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
• technology and trademarks license agreements on a matter representing a multinational manufacturer of energy products
• software license, implementation and maintenance agreement for a major travel company in a complex deal worth more than $10 million
• transition services agreements, due diligence memoranda and IP assignment agreements, including to serve as a highly knowledgeable resource and skilled counselor in the areas of IP, IT, open source software and technology in connection with dozens of M&A transactions
• service agreements involving e-commerce, third-party logistics (3PL) and delivery services representing a national retail company
• service agreements for a provider of SaaS solutions in international transactions
• master service agreements, bulk telecommunication services agreements, network agreements, end-user license agreements, service level 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 with $7 billion in assets
• exclusive software license agreements in various transactions, including those involving telecommunications and renewable energy companies
• commercial supply agreements for a manufacturer of cGMP and other biopharmaceutical products

Mr. Lee has extensive experience representing clients in the implementation of EV charging systems, including drafting and negotiating agreements with EV charging system providers and related service providers. His work spans engineering, procurement, construction, installation and maintenance of EV infrastructure. He also advises EV charging system providers on customer agreements, including: Engineering, Procurement and Construction (EPC) Agreements; Long-Term Service Agreements; Operation and Maintenance Agreements; EV Charging as a Service (CaaS) Agreements; and EV Charging Depot as a Service (DaaS) Agreements. Additionally, Mr. Lee assists clients in negotiating agreements with software providers for the management and operation of EV charging networks.

His recent representative matters include:

• advising a Fortune 50 retail company on procuring, installing, operating and maintaining a nationwide EV charging network involving multiple vendors, including engaging a technology provider to develop and manage an advanced backend system for the charging infrastructure
• advising a Fortune 50 retail company on procuring, installing, operating and maintaining a nationwide commercial solar charging program
• representing a Fortune 50 energy company in connection with various carbon reduction projects including the purchase and sale of innovative equipment, procurement of chemicals, emulsions and other related technologies, as well as licensing of cutting-edge software packages and provision of research services
• assisting a leading hotel chain in negotiating agreements with various vendors and service providers for procuring, installing and maintaining EV charging stations
• representing the EV charging division of a major multinational energy company, including developing a suite of template agreements for customer contracts covering hardware procurement, construction, maintenance and software licensing, as well as negotiating contracts for EV charging station deployment

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.

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:

• providing privacy compliance advice to clients in a variety of industries, including educational institutes, startups, multinational corporations and a renowned public figure
• 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

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

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