H. Harold Lee

Clients rely upon Mr. Lee to draft and negotiate technology agreements such as software license agreements, software as a service (SaaS) agreements, online terms and conditions, development agreements, end-user license agreements, master service agreements, transitional services agreements and reseller agreements. Mr. Lee also regularly advises clients in connection with commercializing and adopting technology solutions, including artificial intelligence (AI) systems and tools. His experience also includes performing intellectual property (IP) due diligence and providing assessments in connection with merger and acquisition (M&A) and financial transactions.

Mr. Lee's recent representative matters include drafting and negotiating:

• Fortune Global 10 Technology Portfolio. Joint development agreements, patent and software assignment agreements, exclusive and non-exclusive license agreements, services agreements and other types of technology and services-related agreements for a Fortune Global 10 company
• Energy Sector (IP) Licensing. Technology and trademarks license agreements on a matter representing a multinational manufacturer of energy products
• Enterprise Software Implementation. Software license, implementation and maintenance agreement for a major travel company in a complex deal worth more than $10 million
• Technology Integration. Transition services agreements, due diligence memoranda and IP assignment agreements, including to serve as a highly knowledgeable resource and skilled counselor in the areas of IP, information technology (IT), open source software and technology in connection with dozens of M&A transactions
• E-Commerce and Logistics Platform. Service agreements involving e-commerce, third-party logistics (3PL) and delivery services representing a national retail company
• Cross-Border SaaS Transactions. Service agreements for a provider of SaaS solutions in international transactions
• Real Estate Technology Infrastructure. Master service agreements, bulk telecommunication services agreements, network agreements, end-user license agreements, service level agreements and subscription agreements – including for an identity and access management platform and an internet-of-things (IoT) platform – on matters representing a real estate private equity firm with $7 billion in assets
• Telecommunications and Renewable Energy Software. Exclusive software license agreements in various transactions, including those involving telecommunications and renewable energy companies

Mr. Lee regularly advises clients on matters involving artificial intelligence (AI), including in connection with drafting and negotiating agreements, preparing corporate AI use policies and providing general best practices advice. He assists developers of AI systems, as well as companies that seek to use third-party AI-based solutions to augment existing business operations and capabilities.

His recent representative matters include:

• Platform and Services Agreements. Negotiating service agreements and statements of work for AI-powered software as a service (SaaS) platform configuration, fine-tuning and deployment, including AI content curation, research assistance and business case development, including in connection with deals involving major technology companies
• Licensing and Distribution. Structuring original equipment manufacturer (OEM) partner agreements for proprietary AI behavioral software, involving complex licensing, support and royalty arrangements for integration and distribution by technology partners
• Consulting and Advisory Services. Negotiating consulting agreements for AI strategy, education and advisory services to multinational corporations, including pharmaceutical companies implementing AI-driven transformation initiatives
• Content and Data Licensing. Advising on content license agreements granting rights for AI technology development, training and deployment
• Compliance and Governance. Developing master service agreements incorporating AI use policies, ethical AI principles, data handling restrictions and controls on AI training and third-party platform usage
• Confidentiality Agreements. Drafting mutual non-disclosure agreements to protect AI algorithms, models and business methodologies in strategic AI partnership discussions and joint development opportunities
• Services Procurement. Representing AI service providers and enterprise recipients in subscription services agreements, including provisions for data protection, service levels, intellectual property allocation and indemnification

Mr. Lee has extensive experience representing clients in the implementation of electric vehicle (EV) charging systems, including drafting and negotiating agreements with EV charging system providers and related service providers. His work spans engineering, procurement, construction, installation and maintenance of EV infrastructure. He also advises EV charging system providers on customer agreements, including Engineering, Procurement and Construction (EPC) Agreements; Long-Term Service Agreements; Operation and Maintenance Agreements; EV Charging as a Service (CaaS) Agreements; and EV Charging Depot as a Service (DaaS) Agreements. Additionally, Mr. Lee assists clients in negotiating agreements with software providers for the management and operation of EV charging networks.

His recent representative matters include:

• Nationwide EV Charging Network Deployment. Advising a Fortune 50 retail company on procuring, installing, operating and maintaining a nationwide EV charging network involving multiple vendors, including engaging a technology provider to develop and manage an advanced backend system for the charging infrastructure
• Commercial Solar Infrastructure Program. Advising a Fortune 50 retail company on procuring, installing, operating and maintaining a nationwide commercial solar charging program
• Carbon Reduction Technology Portfolio. Representing a Fortune 50 energy company in connection with various carbon reduction projects, including the purchase and sale of innovative equipment, procurement of chemicals, emulsions and other related technologies, as well as licensing of cutting-edge software packages and provision of research services
• Hospitality EV Charging Solutions. Assisting a leading hotel chain in negotiating agreements with various vendors and service providers for procuring, installing and maintaining EV charging stations
• Energy Company EV Infrastructure Platform. Representing the EV charging division of a major multinational energy company, including developing a suite of template agreements for customer contracts covering hardware procurement, construction, maintenance and software licensing, as well as negotiating contracts for EV charging station deployment

Mr. Lee has extensive experience in assisting clients with regulatory compliance for data privacy, including in connection with U.S. federal and state laws as well as European Union (EU) directives and regulations. These include the California Consumer Privacy Act (CCPA), the Children Online Privacy Protection Act (COPPA), the Family Educational Rights and Privacy Act (FERPA), the Health Insurance Portability and Accountability Act (HIPAA) and the EU's General Data Protection Regulation (GDPR). Mr. Lee also advises clients on legal compliance and best practices in information security matters, including in connection with responding to security incidents under state breach notification laws.

His recent representative matters include:

• Multi-Industry Privacy Counseling. Providing privacy compliance advice to clients in a variety of industries, including educational institutes, startups, multinational corporations and a renowned public figure
• Digital Platform Privacy Documentation. Drafting website terms of use, privacy policies, privacy notices and cookies policies for a wide range of clients, including public entities and developers of software platforms and mobile apps
• Data Breach Response and Remediation. Representing a nationwide insurance provider and other organizations in connection with responding to data security incidents

Mr. Lee advises private and public institutions relating to compliance with federal and state requirements for electronic signatures and remote online notarizations, including the Electronic Signatures in Global and National Commerce Act (ESIGN), Uniform Electronic Transactions Act (UETA) and New York's Electronic Signatures and Records Act (ESRA), including in connection with implementing e-commerce practices.

His recent representative matters include:

• Financial Services E-Signature Implementation. Serving as lead associate responsible for providing advice under ESIGN, UETA and various state laws, including New York's ESRA, to major commercial banks and a public utility company in connection with adopting electronic signatures
• Remote Notarization Regulatory Analysis. Assisting in compiling a 50-state survey on permissibility of remote online notarization and compliance requirements on behalf of a multinational investment bank and financial services company

Mr. Lee assists clients in various aspects of public procurements, including preparing procurement documents such as contract terms and technical specifications. Mr. Lee's procurement experience includes matters involving advertising technology, software development and licensing, fare payment, and operations and maintenance.

His recent representative matters include serving as lead associate:

• Highway Authority ERP Procurement. Responsible for drafting a master services agreement and otherwise providing advice for a major state highway authority in connection with a request for proposal (RFP) for a new Enterprise Resource Planning (ERP) solution
• Transit Advertising System Modernization. Responsible for drafting sections related to data privacy and security in connection with a public-private partnership procurement to modernize a major transportation agency's advertising system
• Rail Safety Technology Implementation. Responsible for drafting and negotiating service and license agreements on behalf of a multinational rail company in connection with its implementation of a positive train control safety system