Kate Nilan Uding

Principal
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Kate Nilan Uding is a member of the firm’s Intellectual Property, Privacy & Technology practice group, but works with almost every practice group on intellectual property, licensing arrangements, advertising, and data privacy and security issues, as well as with the Government Relations practice group on legislative efforts on behalf of clients. Kate represents and advises corporate clients on compliance with various regulatory, statutory, and government-related issues, analyzing the potential impact on business development or business practices.

Kate has worked with a number of technology, health care, medical device, educational, and franchise clients on various aspects of licensing and intellectual property issues, as well as data privacy reviews and audits. She specializes in working with clients—from start-ups to Fortune 500 companies—to draft, negotiate, and execute technology, software, licensing, and general corporate agreements. Kate also works closely with clients to develop form agreements to efficiently operate their businesses and their software platforms. Kate has also worked with a number of health care and educational clients on drafting and negotiating complex software, trademark, and patent licensing agreements. Kate advises clients on compliance with advertising and data privacy laws, from reviewing an upcoming advertising and promotion to drafting official rules for a promotion to working on complex updates to internal and external data privacy policies.

Having joined Gray Plant Mooty after serving for two years as a senior advisor in the U.S. Senate, Kate also works with clients navigating regulatory issues, government investigations and local lobbying of city councils and state government. She is well-versed in legislative drafting, as well as working with local officials to help businesses continue to thrive.

Experience

  • Advising on technology, software, data privacy, and intellectual property issues in software and technology-related mergers and acquisitions
  • Reviewing corporate and licensing structures for compliance with state and federal franchise laws
  • Drafting and reviewing franchise disclosure documents, franchise agreements, and other trademark licensing arrangements for companies ranging from start-up franchises to global franchise businesses
  • Negotiating all forms of software licensing agreements and escrow arrangements, including traditional software installation licenses, software as a service (SaaS), platform as a service (PaaS), application platform as a service (aPaaS), other types of cloud-based software, and mobile application-based software on behalf of software companies, healthcare providers, medical device manufacturers, hardware manufacturers, and global retail and franchise companies
  • Securing intellectual property rights from developers and in acquisition of software companies and software divisions
  • Evaluating open source code licensing issues and advising on maintenance of software integrity and intellectual property ownership
  • Advising on global privacy compliance, including drafting and reviewing internal and external privacy policies, data privacy breach notifications, and internal breach response policies; maintaining certification under EU-U.S. Privacy Shield; ensuring compliance with Canada’s Personal Information Protection and Electronic Documents Act; ensuring general compliance under Gramm-Leach-Bliley, HIPAA, HITECH, and PCI DSS; and reviewing internal information technology privacy mechanisms and technological safeguards and certifications
  • Advising on advertising issues, including compliance with Federal Trade Commission regulations, the Telephone Consumer Protection Act (text messaging and robocalling), and CAN-SPAM; advertising on social media platforms; and compliance with state and federal lottery laws for contests and sweepstakes 
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