Overview

Nicholas M. Hasenfus is a Boston attorney who concentrates his practice on technology transactions, data privacy and security, intellectual property (IP) licensing, transportation, and information technology (IT). His practice includes the resolution of disputes over intellectual property rights through alternative dispute resolution channels as well as litigation.

Licensing and Transactions

Mr. Hasenfus drafts and negotiates agreements and advises clients on a wide range of technology  and IT matters, including software development and licensing, cloud computing, master services agreements and revenue sharing agreements across industries and technologies, including financial technology services, transportation, healthcare, energy, construction, insurance, hospitality, education and real estate. Mr. Hasenfus also has significant experience drafting online terms of use and privacy policies. His experience also includes performing IP diligence in connection with mergers and acquisitions (M&A) transactions, including conducting due diligence and negotiating IP terms related to ownership and licensing of IP, software development and integration, open source software issues, and IT and information security matters. Mr. Hasenfus also develops and manages procurements for business procuring software and technology, including preparing contract terms, technical specifications and evaluation procedures.

Privacy and Information Security

Mr. Hasenfus advises clients on best practices in data privacy and information security, including policies related to data security, privacy and acceptable use. Mr. Hasenfus has experience in training clients' employees on best practices related to data privacy and information security. Additionally, he has experience with data breach security and preparedness and data breach response, including assisting with internal investigations and implementing subsequent mitigation efforts.

Transportation

Mr. Hasenfus assists and advises public and private transportation clients in various aspects of public procurements, including preparing procurement documents such as contract terms and technical specifications. He also advises clients on U.S. Department of Transportation and Federal Transit Administration regulations, as well as local and state procurement laws and regulations. Mr. Hasenfus' procurement experience includes software development and licensing, fare payment, advertising technology, public-private partnerships, management outsourcing, and operations and maintenance. He also advises businesses participating in the procurement process, including reviewing the client's risk based on the procurement documents, preparing questions and clarifications to submit to the procurement authority, developing and managing evaluation procedures, and revising contract terms related to the procurement.

Litigation and Dispute Resolution

Mr. Hasenfus provides clients with pre-litigation advice and assists clients with using alternative dispute resolution channels to avoid litigation, including representing clients in mediation. Mr. Hasenfus has also briefed and argued a variety of motions, assisted with preparing witnesses, and assisted with defending and responding to discovery.

General Counseling Experience

Mr. Hasenfus provides outside general counseling for a $1.7 billion private, governmentally sponsored pension fund. This includes providing board-level support, strategic planning, litigation support, pension benefit administration advice, policy and standard operating procedures development, and data protection/privacy support. Mr. Hasenfus has specific general counseling experience in this practice area available upon request.

Community Involvement

Prior to attending law school, Mr. Hasenfus was a sergeant in the U.S. Marine Corps where he deployed to Iraq and Afghanistan. Mr. Hasenfus is passionate about his commitment to legal aid and community service. He currently volunteers as a mentor to veterans participating in treatment at the Boston Veterans Treatment Court and actively provides pro bono representation to service members, veterans and their families with the unique legal challenges they face before the U.S. Department of Veterans Affairs and with state law issues. Mr. Hasenfus also provides pro bono representation to service members seeking discharge upgrades. Mr. Hasenfus accepted an invitation from Legal Services Corporation (LSC) to serve on its new Veterans Task Force, an initiative to assist former military service members in overcoming legal problems that create barriers as they transition from active duty to civilian life. LSC is the nation's largest funder of civil legal aid for low-income people.

Within the firm, Mr. Hasenfus serves on the Boston office's Hiring Committee and as Pro Bono Chair of the firm's Veterans Group.

Previously, Mr. Hasenfus was a law clerk to the Honorable Joseph A. Trainor of the Massachusetts Appeals Court. While attending law school, Mr. Hasenfus taught constitutional law to inner-city high school students as a Marshall-Brennan Constitutional Literacy Fellow.

Representative Experience

  • Representing a leading, publicly traded retailer in connection with engaging third-party logistics delivery drivers and online marketplace providers; this representation includes drafting and negotiating master service agreements, cloud services agreements, software-as-a-service (SaaS) agreements, and other e-commerce terms and conditions
  • Regular ongoing representation of a leading privately held real estate private equity firm with $7 billion in assets with the implementation of technology assets, including revising and negotiating license and service agreements, subscription agreements, network agreements, end user license agreements, service level agreements and other customer facing agreements
  • Representing a startup developer of technology that provides searchable data compression technology; this representation includes drafting and negotiating revenue sharing and reseller agreements, developing a template customer agreement, and providing advice in developing the clients intellectual property (IP) portfolio.
  • Serving as a highly knowledgeable IP resource in connection with dozens of mergers and acquisitions (M&A) transactions each year across various industries and technologies
  • Represented a Fortune 1000 energy company in connection with its procurement of a new enterprise resource planning (ERP) platform from Oracle; this representation involved two separate vendors and contracts; the first contract was the agreement for the ERP platform implementation, which required ensuring functionality and of legacy solutions and data integration with the new platform; the second contract was for the ERP platform with a large, global software provider
  • Represented a leading vacation scheduling software provider with drafting and negotiating license agreements (including source code licensing) and advising the provider on its open source software implementation strategy, use and licensing obligations
  • Represented a client that is an industry leader in Wi-Fi-based healthcare asset tracking device with developing template contracting documents, as well as drafting and negotiating vendor agreements, distribution agreements and end-user license agreements
  • Represented a leading provider of technology (hardware and software) designed to facilitate internal and external communication and collaboration in business organizations with a suite of agreements for its business, including a SaaS license and service agreements, subscription agreements, end-user license agreements, and services level agreements, reseller agreements and other customer facing agreements
  • Represented a first-in-market remote notarization solution that enabled individuals to legally notarize documents online; this representation included drafting and negotiating the business' agreements between a top-ranked wholesale mortgage lender and several of the top 10 largest title providers in order for the business to become the first online platform to enable a lender to complete the entire mortgage loan process, from application to closing, remotely online

  • Representing a leading provider of malware detection and analysis software with its data privacy and information security strategy, including developing a comprehensive privacy policy and implementing related privacy practices
  • Representing a startup entity that provides an online identity management platform with developing a privacy policy and implementation strategy
  • Represented a privately held real estate private equity firm with $7 billion in assets with the development of a data privacy and information security strategy, including the development of a comprehensive privacy policy, privacy notices and other customer-facing documents for its tenants, and training employees on same
  • Represented a social impact platform provider focusing on environmental, social and governance (ESG) criteria with developing a privacy policy and implementation strategy

  • Representing an entity that leases rolling stock with drafting and negotiating a purchase agreement for locomotives, drafting and negotiating a professional services agreement for the remanufacturing, rebuilding and overhaul of locomotives, and developing and providing briefings and updates to the entity's private equity investors
  • Representing a large public transportation authority in a billion-dollar procurement of a fleet of rolling stock; this representation includes developing contract terms and conditions that address the evolution of new technology and best practices, and supporting the transportation authority throughout the procurement process
  • Representing a leading bus and light rail operations and maintenance entity in connection with its responses to solicitations; the representations entail analyzing the solicitation documents and draft contract to identify any key legal and business issues for the entity's consideration
  • Represented a large public transportation authority in connection with its procurement of a new fare payment system; the new fare payment system will replace a magnetic stripe system at subway terminals and buses with an "open payment" architecture; transit passengers will be able to pay their transit fares with any form of payment media, including contactless bank cards and smartphones; this representation included developing contract terms, revising the technical specifications, analyzing and responding to proposer questions, and participating in proposer negotiations
  • 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 operations and maintenance (O&M) contract, establishing procurement procedures and processes, and project management of procurement processes

  • Representing a $1.7 billion private, governmentally sponsored pension fund with compliance, litigation and investigations (internal/external) representation and representation related to pension benefit disputes
  • Represented and advised a leading cloud service provider in defending a licensor's claim that an audit revealed a licensing shortfall; this representation included participation in a mediation and a favorable mediated settlement
  • Represented a logistics provider in a contractual dispute against a provider of voice and data network communications; this representation included a favorable settlement prior to engaging in mediation

Credentials

Education
  • Suffolk University Law School, J.D., summa cum laude
  • Bridgewater State University, B.A., Philosophy, summa cum laude
Bar Admissions/Licenses
  • Massachusetts
  • New York
Court Admissions
  • U.S. District Court for the District of Massachusetts
  • U.S. Court of Appeals for the First Circuit
  • U.S. Court of Appeals for Veterans' Claims
Memberships
  • Veterans Legal Services of Boston, Board of Directors
  • Legal Services Corporation, Member, Veterans Task Force; Member, Emerging Leaders Council
  • Suffolk University Veteran Alumni Committee, Advisory Council
  • American Bankruptcy Institute, Task Force on Veterans and Servicemembers Affairs, Member
  • YW Boston, Lead Boston Program Class of 2021
  • American Bar Association (ABA) Standing Committee on Legal Assistance for Military Personnel, 2019-2021
  • Boston Bar Association, Public Interest Leadership Program, 2018-2019
  • Boston Bar Association
  • Massachusetts Bar Association
  • American Bar Association
  • The International Legal Honor Society of Phi Delta Phi
  • Journal of High Technology Law, Managing Editor
Honors & Awards
  • Rising Star, Massachusetts Super Lawyers magazine, 2021
  • Holland & Knight Pro Bono All-Star, 2021
  • Pro Bono High Honor Roll, Massachusetts Supreme Judicial Court, 2019, 2020
  • Holland & Knight Public and Charitable Service All-Star Award, 2017-2019
  • Holland & Knight Public and Charitable Service Pro Bono All-Star, 2017-2020
  • Suffolk University Law School Law Faculty Outstanding Student Award
  • Suffolk University Law School Best Brief Award, Legal Practice Skills
  • Suffolk University Law School Jurisprudence Awards in Contracts and Torts

Publications

Speaking Engagements

News