Overview

Maximillian J. Bodoin is a partner in Holland & Knight's Intellectual Property Group, member of the Data Strategy, Security & Privacy, and the chair of Holland & Knight's Transit Team. Mr. Bodoin's intellectual property (IP) practice concentrates on licensing, information technology (IT) outsourcing and related services agreements, electronic commerce, software development, commercialization of technology, and employee IP policies. Mr. Bodoin also has significant experience advising clients on best practices in information security and data privacy, including implementing related programs, policies, and procedures, responding to data breaches, handling regulatory investigations, and securing data rights.

Mr. Bodoin leverages his IP and cybersecurity background in his transportation practice. Mr. Bodoin has extensive experience assisting public agencies and private entities in connection with procurements, including preparing contract terms, technical specifications, evaluation procedures, and complying with U.S. Department of Transportation and Federal Transit Administration regulations, and state and local procurement laws and regulations. He also manages and oversees all facets of the procurement process and represents clients in connection with bid protests. Mr. Bodoin's transportation procurement experience includes IT outsourcing (including sourcing cloud service providers), automated fare collection systems, mobile ticketing and payment initiatives, advertising, software development and licensing, operations, maintenance, and management outsourcing, and other related areas.

Mr. Bodoin is also the editor of the Holland & Knight Transportation Blog.

Experience

  • MTA New Fare Payment System: Representing the Metropolitan Transportation Authority (MTA) in connection with its procurement of a New Fare Payment System (NFPS) to replace its existing MetroCard System. The NFPS is intended to be used in connection with fare payment through multiple MTA agencies, including New York City Transit Authority, MTA Bus Company, Metro-North Railroad, and Long Island Rail Road. The representation involves preparing detailed contract terms, extensive revisions to the technical specifications, analyzing and responding to Proposer questions, participating in multiple rounds of negotiations, assisting in Proposal evaluations, preparing and providing detailed summary updates to key decision makers, and providing general guidance on the overall procurement process and associated strategies.
  • MBTA Automated Fare Collection 2.0: Representing the Massachusetts Bay Transportation Authority (MBTA) in connection with its securing an entity to design, build, implement, operate, and maintain its next-generation automated fare collection system (AFC 2.0). The engagement involves advising the MBTA with respect to various IP issues relating to the development, implementation, support, maintenance, and ongoing operation of the AFC 2.0 System, responding to Proposer questions, and participating in Proposer negotiations.
  • MTA Advertising Concessions: Representing the MTA in connection with its public-private partnership procurement for a Concessionaire to replace the MTA's existing static advertising inventory (i.e., paper advertisements) with digital screens throughout significant portions of the MTA's facilities and vehicles, including the subway, commuter rail, and bus system, and to otherwise sell and manage the MTA's advertising inventory.
  • Electronic Payment Program: Represented a major metropolitan public transportation authority in connection with a procurement for its New Electronic Payments Program. The transaction concerned the development, implementation, and maintenance of a standards-based, customer-centric fare payment system for the agency's system, with interfaces to surrounding regional transportation authorities.
  • Standardizing Contract Terms: Representing multiple transportation agencies in connection with consolidating, rationalizing, and modernizing standard contract terms for small and large purchases. The engagements involve analyzing and revising agency standard contract terms to bring them into compliance with applicable law and current industry best practices, and to ensure that they otherwise address agency concerns without increasing Proposer pricing due to improper risk allocation. This effort shortens the procurement process by minimizing negotiations, streamlines subsequent contract management, and creates uniformity among agency contracts in key areas such as data usage rights, information security, IP rights, testing and acceptance, payment terms, limits of liability, and other similar issues.
  • MBTA Commuter Rail Procurement: Represented the MBTA in connection with securing an entity to operate and maintain its commuter rail system. The representation involved developing an innovative procurement process, overseeing the procurement process, and working with the MBTA and various consultants to develop the 750-plus page Request for Proposals and operating agreement, which covered every aspect of operating and maintaining the MBTA's commuter rail system.
  • PRITA Fixed Route Bus Services Operations and Maintenance: Represented the Puerto Rico Integrated Transit Authority (PRITA) in connection with its procurement of an operations and maintenance contractor to support fixed route bus service throughout the San Juan Metropolitan Area. The representation involved developing the Request for Proposals (RFP), the draft O&M contract and the proposal review and selection process.
  • Bus Operations and Maintenance Proposals: Representing a major bus and light rail operations and maintenance entity in connection with its responses to solicitations. The representations entail analyzing each solicitation that the entity is considering, including the solicitation documents and draft contract to identify any key legal and business issues that the entity should review when determining whether to submit a Proposal. Representations include solicitations in California, Texas, Washington, D.C., Maryland, Georgia, North Carolina and Florida.
  • Cloud Services Outsourcing: Represented multiple agencies in connection with migrating internal IT infrastructure to cloud-based solutions. The engagements involved developing contract terms, including provisions addressing IP rights, Service Level Agreements, support and maintenance, information security requirements, and data privacy, and overseeing the procurement process.
  • Mobile Application Development: Represent multiple agencies in connection with the development of mobile device solutions to facilitate purchasing fare media, mobile ticketing, planning trips, and accessing account information via mobile applications.
  • CharlieCard Advertising Program: Represented the MBTA in connection with its efforts to secure an advertising partnership relating to the placement of advertisements on CharlieCards. The engagement involved working with the MBTA to create a strategy to better ensure the selection of an appropriate partner through the procurement process.

  • Software Development and Licensing: drafting and negotiating development and licensing agreements in various industries and technologies.
  • Licensing Audits: assisting with third party license compliance audits.
  • Third-Party Services Agreements: drafting and negotiating third party hosting agreements. Relevant subject matters include cloud solutions, hosting, SaaS, managed services and data center services.
  • State Procurement: assisting state agencies with public procurements including developing specifications for Requests for Proposals and Invitations for Bids, establishing procurement procedures and processes and project management of procurement processes.
  • Data Migration Compliance: assisting with cross-border (i.e., international transfers) data migration policies and procedures and providing guidance with the EU Data Protection Directive.
  • Data and Information Security Policies; General Compliance and Corporate Governance: preparing data security and corporate governance policies including privacy and data security disclosures, privacy policies, mobile device policies, Bring Your Own Device to Work Policies, employee acceptable use policies, and other, similar policies.
  • Customer-Facing Online Agreements: preparing online Terms of Use, Privacy Policies and other customer-facing eCommerce agreements.
  • Data Breach Security and Preparedness: preparing data breach preparedness programs, policies and procedures.
  • Data Breach Response: assisting with responses to data breaches including assisting with internal investigations, notifying impacted data subjects and regulators, responding to regulator investigations, seeking insurance coverage, implementing subsequent mitigation efforts as well as employee privacy training.

Credentials

Education
  • Boston College Law School, J.D.
  • University of Pittsburgh, B.S., summa cum laude
  • University of Pittsburgh, B.Phil, summa cum laude
Bar Admissions/Licenses
  • Massachusetts
Court Admissions
  • All State Courts in Massachusetts
  • U.S. District Court for the District of Massachusetts
  • U.S. District Court for the District of Colorado
Memberships
  • Boston Bar Association
  • American Bar Association
  • IP Licensing Committee, Intellectual Property Owners Association
  • Boston Center for Community and Justice, LeadBoston
Honors & Awards
  • Rising Star, Massachusetts Super Lawyers magazine, 2008
  • Boston College Third World Law Journal, Articles Editor

Speaking Engagements