Chicago, Illinois 60603
I represent and counsel companies with issues related to data security and privacy, intellectual property, information technology and eCommerce. My background as a software developer allows me to grasp the technical aspects of each matter and provide a higher level of counsel on my clients’ intellectual property, technology, privacy and data security issues.
Clients value my three decades of information technology experience, including software development, use and policy development. I quickly assess the risks and implications of each situation and guide clients toward the best solution for their business goals.
My data security and privacy background includes representation in a broad range of industries, including industrial, financial, entertainment, education, hospitality and medical. I apply my years of in-house technical experience to address personal information collection, compliance and use policies, data security requirements, breach notification compliance, incident response, PCI-DSS compliance and cyber governance counseling. I also resolve social media issues, including addressing false statements, harassment and infringement issues related to social media platforms. I also currently serve on the American Bar Association Cybersecurity Legal Task Force, State and Local Government Law Section.
I also handle a wide variety of intellectual property issues, including trademark and copyright prosecution and litigation, new gTLDs, as well as forced recovery of domain names. I have drafted and negotiated a range of technology services agreements, from cyber forensics and vulnerability agreements to E.U. data processing and cloud services agreements.
Throughout my career I have approached software from a variety of disciplines. I spent nearly a decade focusing on software policy at large national law firms as a consumer financial services class-action defense litigator and IP/IT counselor. Prior to that I used trading software as an investment banker and currency trader for First Chicago Capital Markets and as a telecommunication consultant for Bank of America’s international trade bank. Early in my career I also spent eight years as a software developer working for a Department of Defense contractor.
|Areas of Practice||1) Intellectual Property & Technology, 2) Intellectual Property Litigation, 3) Litigation and 4) Privacy and Data Security|
|Law School||Loyola University Chicago School of Law (J.D.,1999)|
|Education||Loyola College in Maryland (M.B.A.,1993);Information Systems, University of Maryland ( B.S.,1987)|
|Bar Member / Association||IllinoisState Bar Association|
|Most recent firm||Chapman Spingola, LLP|
Benjamin P. Smith is a partner in Morgan Lewis's Litigation Practice. He is a trial lawyer with a particular focus on high-stakes disputes in the biotechnology, medical device, and internet industries.