Ieuan G. Mahony

Partner
Boston
  • T 617.573.5835

Ieuan G. Mahony is a partner concentrating his practice in intellectual property (IP) licensing and development, data privacy and security, and information technology (IT). 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 co-chair of the firm's Data Privacy and Security Team and 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 1999.

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

Cloud Computing:

  • 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.
  • Advising a leading global software provider in moving elements of its operating system to the cloud.

Cross-Border Data Flows:

  • Representing an international company in an email migration project, including providing guidance for compliance with the EU Data Protection Directive, assisting with self-certification to the U.S. Safe Harbor, and overseeing and managing foreign counsel to obtain advice concerning compliance with foreign national data protection and privacy laws.

Crowdfunding:

  • Representing a client in establishing a legal model for crowdfunding of local real estate development projects. The representation includes the creation of contract structures and online agreements to foster an ecosystem of community activists, interested citizens, merchants and investors.
  • Representing a company in the creation and implementation of a crowdsourcing structure, including consumers, merchants, advertising agencies and others in an incentive-based process of targeting advertising with benefits to charitable and other causes.

Data Rights and Interest-Based Advertising:

  • 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 includes 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.

IP Licensing and Development:

  • Drafting 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.

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.

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.

Honors & Awards

  • The Best Lawyers in America guide, Commercial Litigation, 2003-2014
  • The International Who's Who of Information Technology Lawyers, 2013
  • Massachusetts Super Lawyers magazine, 2004-2006, 2010-2013
  • The International Who's Who of Internet, e-Commerce & Data Protection Lawyers, 2010
  • Opening Doors for Children Award, Holland & Knight, 2003
  • Boston's Best Lawyers, 2008, 2009
  • Alpha Sigma Nu Honor Society
  • Order of the Coif
  • Boston College Law Review, Member (1986-1987)
  • Boston College Law Review, Executive Editor (1987-1988)
  • Boston College Law School, James W. Smith Award for Highest Academic Rank