Ieuan G. Mahony

Ieuan G. Mahony is an attorney in Holland & Knight's Boston office. He concentrates his practice in intellectual property (IP) licensing and development, information technology (IT), and data privacy and security. Mr. Mahony combines his transactional and compliance work with dispute resolution and litigation matters. His substantial background in transactional and litigation practice areas helps clients receive high-quality advice in the dynamics of reaching an agreement as well as the realities of combating an adversary. Mr. Mahony is a member of the firm's three partner Information Technology Governance Committee.

Mr. Mahony was previously a law clerk to Chief Justice Edward F. Hennessey of the Massachusetts Supreme Judicial Court from 1988 to 1989.

The following is a sample of recent matters that Mr. Mahony has handled:

Artificial Intelligence (AI)

• Representing a multinational telecommunications provider that offers, among other services, cable television, broadband internet and telephony, in connection with the development and commercialization of AI technologies, including developing and implementing an overall framework for these activities
• Representing a renowned institution of higher education, specializing in technology, in connection with its AI governance program; the representation includes workshops for faculty, data scientists and administrators to recognize the range of stakeholders and obtain buy-in for the program
• Representing the provider of a machine learning solution in negotiating software as a service (SaaS) subscription agreements for the automated extraction of content from insurance claims data sets
• Representing the developer of robotics and machine learning technology in transactions involving the sale of the robotic devices and the ongoing cloud-based management and control of the devices
• Representing the developer of an AI platform in connection with a project to develop, with a collaborating entity, a new predictive learning model; the representation involved patent cross-licensing techniques and structures to address joint inventions resulting from the collaboration
• Representing a national services provider in preparing and implementing framework for use and development of AI systems based on publicly available generative AI solutions

Internet of Things (IoT)

• Representing an IoT developer in a transaction with a telecommunications company involving technology that permits device makers and installers to securely connect their sensors and other IoT devices to cellular networks 
• Representing a telecommunications infrastructure provider in connection with structuring and negotiating a transaction for the design, installation and operation of wholesale and retail telecommunications infrastructure for a university-sponsored research and residential smart community

Cloud Computing

• Representing a leading global software and cloud services provider in connection with drafting and negotiating cloud services agreements and software as a service (SaaS) agreements with some of the world's largest financial institutions; the representation includes advice concerning information security controls, data privacy, outsourcing, performance standards and availability, changes in regulatory requirements and related subject matter areas
• Representing an international software integrator in a transaction with a cloud service provider and a state agency concerning a state-wide cloud solution for procurement process; the representation included a detailed focus on service level agreements (SLAs) as well as data privacy
• Representing a college in drafting and negotiating a collaboration agreement to offer its courses to an expanded set of learners through an online network; the representation included a range of software as a service (SaaS) issues, including service levels, data security and revenue sharing
• Representing an infrastructure as a service (IaaS) provider in connection with negotiating transactions with data center service providers

Data Rights and Blockchain

• Representing an entity in negotiating a participation agreement for the most visible of the worldwide supply chain automation and blockchain initiatives; the project required considerable attention to data pooling and information-sharing arrangements between members of the ecosystem
• Representing a renowned cancer center in connection with the indexing, licensing and commercialization of one of the nation’s largest datasets of genomic information; the transaction is designed to create an enhanced data set that will permit users to (a) efficiently filter for selected traits such as disease type, treatment regimen and comorbidities, (b) associate specified mutations with particular diseases and identify subsets of patients for targeted treatment with a particular compound, and (c) facilitate the analysis of outcome results associated with different treatment regimens
• Representing the owner of public-space advertising inventory in connection with licensing the inventory in a transaction valued at more than $3 billion during the term of the agreement; the engagement required guidance concerning a range of advertising technologies and compliance challenges, including the use of beacons and computer vision technology for purposes of advertising and analytics, location based services, permissions for and use of software development kits (SDKs) in mobile apps associated with the inventory, and uses of and protections (including information security protections) for personally identifiable, de-identified and aggregated information
• Representing an owner of a shopping history and loyalty card data set in development agreements designed to commercialize the data set in a privacy-compliant structure; the representation included a significant focus on interest-based and online behavioral advertising, consent mechanisms, de-identified data and data rights

Development of Common API and Creation of App Developer Ecosystem

• Representing a leading telecommunications carrier in developing and implementing a suite of application programming interfaces (APIs) for telecommunications industry solution providers. The representation includes carrier-to-carrier proof of concept and development agreements, open source and creative commons agreements with app developers, consent structures for subscribers and related elements

Digital Signature Solutions and Electronic Instruments

• Representing financial institutions in connection with digital signature solutions and enforceability issues with respect to promissory notes, letters of credit and chattel paper in electronic form.
• Representing a service provider to heavy industry, government and consumers in connection with structuring a "one stop" online contracting solution involving digital signatures; the representation included advice concerning internal workflows and appropriate authority sign-off points for modular contract provisions distributed authority to sales representatives; the representation also involved advice concerning signature attribution, admissibility and evidentiary foundations for the signatures and online agreements, internal procedures and security, and industry practices for digital signature services providers
• Advising a range of business-to-business and business-to-consumer service providers in structuring compliant digital signature solutions for inbound and outbound agreements 
• Representing entity offering a first-in-market remote notarization solution; the representation included developing and negotiating a suite of online and negotiated subscription agreements, structuring application program interface (API) development relationships, and implementing compliance solutions
• Structuring intellectual property provisions in connection with a standard setting organization developing standards for exchanging information in the mortgage finance industry, with a focus on remote notarizations

IP Licensing and Development

• Drafting intellectual property (IP), information security and service level agreements on behalf of the awarding authority in connection with a $4.25 billion contract award concerning a commuter rail system
• Representing a leading international manufacturer of toys and games, and trademark licensor, in connection with a widely publicized licensing transaction with an online social gaming service provider
• Representing an international high-tech manufacturer in national and cross-border development and licensing transactions concerning patented capacitor, chemical and related process technologies
• Representing a technology company in negotiations with large global telecommunications carriers and chip manufacturers with respect to technology that collects and reports mobile phone use, quality of service and other metrics
• Representing colleges and universities in developing and implementing IP policies, including advice concerning creative commons licenses and other mechanisms for open research

Telecommunications and Network Providers

• Representing a national network provider in transactions to construct and operate optical fiber networks; the transactions include negotiating network lease agreements, premises' access licenses, field restrictions and penetration guarantees, pricing terms and metrics, and related elements
• Representing property managers in negotiating network services contracts, including bulk services and marketing agreements
• Representing an Internet of Things (IoT) services provider in negotiating contracts with U.S. and foreign wireless services providers

Litigation and Dispute Resolution

• Representing a renowned hospital group in connection with a licensing dispute with an entity commercializing healthcare technology developed by hospital researchers; the dispute involved three significant patent portfolios, ongoing joint development work, claims by the licensee that it held exclusive rights to a broad category of additional hospital patents and two international pharmaceutical licensees downstream to the parties in dispute
• Representing an international software developer and integrator in arbitration over allegations by the hiring party that a customized software development and integration project was non-functional
• Representing a public authority in connection with a hacker threat to disclose – at the world's largest hacker convention – information compromising its smartcard and magnetic stripe payment structures; relied on the Computer Fraud and Abuse Act to obtain an injunction preventing the presentation at the conference, based in part on "responsible disclosure" principles

Mergers and Acquisitions (M&A)

• Responsible for IP and IT elements in the sale of an aftermarket services business to global providers of business process outsourcing for $725 million
• Responsible for IP elements of a transaction that combined institutional pharmacy businesses to create a $2 billion publicly traded company
• Responsible for IP and IT aspects of a transaction in which our client acquired a provider of manufactured precision plastic products for customers in the healthcare, packaging and consumer electronics industries for $660 million
• Responsible for IP licensing and privacy elements in a $200 million transaction whereby the firm's client – a developer of and service provider to fractional timeshare and whole ownership resorts – acquired and licensed a range of properties and IP assets from an international hotel chain

Open Source Software

• Representing a leading global software provider in structuring a transaction to permit open source development and interoperability with elements of its proprietary software code base
• Advising a nationwide provider of location-based and emergency responder technology in connection with open source licensing and development, including addressing open source software elements in connection with acquisitions

Privacy and Information Security

• Representing an international publisher of textbooks, fiction and non-fiction books, and other content in the creation of digital, interactive platforms for the distribution of its content; the representation includes significant attention to privacy and information security issues, including advice under the Children's Online Privacy Protection Act (COPPA) and Family Educational Rights and Privacy Act (FERPA), as well as online subscription agreements and related contract mechanisms
• Reviewing data flows and structures, and developing and implementing privacy and security policies for companies in the following representative industries: financial services providers; credit reporting and monitoring services; retirement fund services; pharmaceuticals; online consumer goods retailers; medical information and informatics providers; medical blood and tissue bank donation services; translation services (online and traditional); geospatial information services; real estate maintenance services; real estate brokerage services; electronics manufacturing and distribution; transportation services; political campaign organizing services; educational services (K-12 and college/university); for-profit distance education services; online music licensing services; online musical performance rights licensing services; and online dramatic rights performance licensing services

Records Retention and Management

• Overseeing the preparation and implementation of a records management policy and a set of procedures for a retirement fund with over $1.5 billion in assets
• Drafting and advising with respect to the implementation of the core elements of a global and North America records retention policy for a worldwide producer and distributor of beverages
• Developing a suite of records management policies for a $3.8 billion technology services company for inclusion in service offerings; the package included comprehensive template policies and procedures, FAQs and sample retention schedules