Mark H Francis

Partner
  • T 212.513.3572
  • Representative Counseling and Transactional Matters

    • Advise clients across multiple industry sectors on California Consumer Privacy Act (CCPA), General Data Protection Regulation (GDPR) and related data privacy compliance projects
    • Advise clients on data strategy and utilization with intellectual property, contractual and technical controls for data rights management
    • Advise a financial services provider on third-party risk management, outsourcing and services agreements
    • Advise a healthcare services provider on customer agreements
    • Counsel clients on software, cloud services and outsourcing agreements, including in connection with data and intellectual property (IP) rights, cybersecurity and data privacy, service level agreements and international considerations
    • Advise medical device manufacturers and digital health providers on cybersecurity programs and customer contracts
    • Counsel clients in response to cyber incidents and data breaches to manage business and legal exposure, including oversight of forensic investigations, notifications, and compliance with legal and contractual obligations
    • Conduct cybersecurity assessments and provide counseling on cyber governance, policies and practices, including in connection with the National Institute of Standards and Technology (NIST) Cybersecurity Framework, International Organization for Standardization (ISO) 27000-series, Payment Card Industry Data Security Standard (PCI DSS), NIST 800-53 and Risk Management Framework (800-37), Critical Security Controls (CSC), Cloud Security Alliance (CSA) Cloud Controls Matrix, Open Web Application Security Project (OWASP) Top 10 and other industry standards
    • Advise on written information security policies, privacy policies, incident response plans and other corporate policies addressing information governance, technical infrastructure and cybersecurity risk management
    • Conduct merger and acquisition (M&A) due diligence in regard to cybersecurity practices, data privacy, cross-border data transfers, software and open source considerations, PCI compliance and IP rights
  • Representative Litigation Matters

    • Bath Authority, LLC v. Anzzi LLC (E.D. Pa.): Representing defendant in intellectual property dispute; see 2018 WL 5112889 (E.D. Pa. Oct. 19, 2018)
    • Enslin v. The Coca-Cola Company, et al. (E.D. Pa.): Represented defendant in purported class action for alleged data breach, summary judgment granted for defendants and affirmed on appeal; see 2017 WL 3727033 (E.D. Pa. Aug. 29, 2017), aff’d, 739 Fed. App’x. 91 (3d Cir. June 20, 2018) 
    • Epstone, Inc. v. Soho Studio, Corp. (S.D.N.Y.): Represented defendant in intellectual property dispute; settled on favorable terms
    • Oracle America, Inc. v. Google, Inc. (N.D. Cal.): Represented defendant Google in first trial of a patent and copyright litigation involving virtual machine technology and application programming interfaces (APIs) used in the Android operating system. After a five-week jury trial, the Court held that APIs are not copyrightable as a matter of law and the jury returned a unanimous verdict rejecting all claims of patent infringement
    • Mobile Enhancement Solutions LLC v. Nokia Corp. et al. (N.D. Tex.): Represented defendants Microsoft and Nokia in a patent litigation involving Long-Term Evolution (LTE) and acoustic technologies
    • Lake Cherokee Hard Drive Tech., LLC v. MediaTek USA Inc. et al. (E.D. Tex.): Represented defendant Hewlett Packard in a patent litigation involving error correction codes for optical disks; case against HP was dismissed
    • National Cheng Kung University v. Nokia Corporation et al. (E.D. Tex.): Represented defendant Nokia in a patent litigation involving the removal of unwanted objects from captured images; case against Nokia dismissed
    • Parallel Iron LLC v. Cloudera Inc. et al. (D. Del.): Represented defendant Nokia in a patent litigation involving the Hadoop distributed file system (HDFS) for computer clusters; settled on favorable terms
    • CRS LLC v. Cellco Partnership d/b/a Verizon Wireless (D. Del.): Represented defendant Verizon Wireless in a patent litigation involving content adaptation technology for mobile devices; settled on favorable terms
    • Textscape LLC v. Google Inc. (N.D. Cal.): Represented defendant Google in a patent litigation involving web browser user interfaces; patent invalidated during reexamination proceedings and the case dismissed
    • Michael S Sutton Ltd. v. Nokia Corporation et al. (E.D. Tex.; Fed. Cir.): Represented defendant Nokia in patent litigation relating to multimedia messaging for mobile devices; judgment entered for Nokia by the district court and affirmed by the Federal Circuit