Kathleen M. Porter's practice straddles the areas of intellectual property, business transactions, trade regulation, and Internet law and includes import/export control issues, such as compliance and enforcement, competition, privacy, and data security. Kathleen has twice been named the Best Lawyers® Information Technology Law "Lawyer of the Year" in Boston, for 2020 and 2013. She is an intellectual property and technology lawyer in our firm's Business Transactions group and former chair of our firm’s Intellectual Property + Technology group.
Her clients include precision manufacturing, life science, food + beverage, energy, consumer products, software, Internet and e-commerce, and other technology-driven businesses.
Business Transactions
Kathy has extensive experience in structuring and negotiating sophisticated domestic and cross-border commercial transactions, including license, OEM, distribution, manufacturing, and development agreements; acquisitions; supply, distribution outsourcing, and partnering arrangements; strategic alliances; business opportunities; and joint ventures.
Intellectual Property and Technology
Kathy counsels clients on the development, protection, and commercialization of intellectual property and technology. In particular, she has significant experience with e-commerce and Internet law issues, specifically online contracting, including click-thru and browse-wrap agreements, mobile applications, social media, online advertising, promotions, blogs, testimonials and sweepstakes, terms of use, and electronic signatures; and with online and Internet-related agreements, including website development and hosting agreements and content and other licensing arrangements.
Trade Regulation/Competition
Kathy advises clients on competition and regulatory issues, including price restraints and discrimination, volume discounts, MAP and other pricing programs, territorial and exclusive licensing restrictions, joint buying programs and other trade association or group activities, consumer protection, promotions, and advertising. She also counsels clients on competition law compliance, including the preparation of competition law premerger filings, and coordinates the preparation of foreign competition law filings.
International
In addition to the cross-border transactional representation of domestic and international clients, Kathy regularly advises foreign companies on their entry into the U.S. market, including corporate issues such as entity selection, structuring commercial agreements and marketing and sales issues, intellectual property protection, and day-to-day legal advice.
Data Security/Privacy
Kathy counsels businesses on the development and implementation of data security and privacy practices to comply with the patchwork of laws and rules applicable to the collection, use, safeguarding, sharing, and transfer of protected or personal data. She regularly structures arrangements with promoters, marketers, website exchanges, and other third parties for the purchase, sale, sharing, and safeguarding of personal data.
