New Media and Technology Law Blog
Wai Choy

Wai Choy

Partner

Wai Choy has deep expertise in technology, media, outsourcing and intellectual property-related transactions and counseling and is a partner in Proskauer’s Technology, Media & Telecommunications Group, Life Sciences Group, Privacy & Cybersecurity Group and Blockchain Group. He serves as a trusted advisor to clients at various stages in their development and across industries, including technology, life sciences, financial services, entertainment, e-commerce, sports and advertising.

 

Wai helps clients navigate legal and business issues and leads the structuring, drafting and negotiation of a wide range of contracts, such as:

  • Service agreements for a variety of services, including software as a service (SaaS) and other hosted services, data analytics, digital marketing, software and website development, systems integration, technology implementation, payment processing and outsourcing;
  • In the biotech, pharma and medical device arena, agreements covering research and development collaborations, intellectual property licenses, manufacturing, supply and distribution services, sponsored research, grants, revenue sharing and other strategic partnerships among commercial entities, academic institutions and/or charitable organizations;
  • Collaboration agreements between strategic partners for the development, manufacturing and commercialization of new technology, products and services;
  • Software license agreements and other complex intellectual property license and assignment agreements;
  • Terms of use, privacy policies and end user license agreements for websites, mobile apps and other software;
  • Content production, license and distribution agreements covering various business models and distribution methods;
  • Revenue sharing, joint venture, reseller, supply, equipment purchasing, manufacturing and other types of general commercial agreements; and
  • Advertising-related agreements spanning digital, radio and billboard media, including programmatic advertising platform agreements, lead generation service agreements, advertising reseller and affiliate agreements, insertion orders and advertising terms and conditions.

In the context of mergers, acquisitions and financings, Wai:

  • Guides clients through technology, intellectual property, privacy and data security matters;
  • Leads teams in conducting legal due diligence; and
  • Drafts and negotiates key transaction documents, such as purchase, merger, transition services and intellectual property license agreements.

Wai also counsels clients and provides strategic advice regarding:

  • Blockchain and distributed ledger technology development, structuring and implementation, the establishment of U.S.-regulated digital asset trading platforms and hedge funds, token offerings and associated legal issues;
  • Privacy, cybersecurity, confidentiality, intellectual property, right of publicity and defamation laws and issues;
  • Use of open source code under various permissive and copyleft licensing schemes, including structuring combinations of open source code with proprietary code; and
  • Internet, digital marketing and media-applicable U.S. laws.

Wai serves as Co-Editor of Proskauer’s Blockchain and the Law blog and has been a guest lecturer on blockchain technology at Fordham University School of Law. Prior to joining Proskauer, Wai worked in the Business & Legal Affairs departments of Marvel Studios in Los Angeles and Marvel Entertainment in New York on a variety of licensing, film and television production, merchandising and publishing matters. At the University of Pennsylvania Law School, Wai served as Senior Editor of the University of Pennsylvania Law Review.

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Sixth Circuit to Construe Scope of CDA Section 230 Immunity on Appeal of Unusual Jones v. Dirty World Decision

How can a website operator lose the broad immunity for liability associated with user-generated content conferred by Section 230 of the Communications Decency Act (CDA)? Section 230 has been consistently interpreted by most courts to protect website operators against claims arising out of third-party content, despite some less than honorable conduct by operators.  See, for … Continue Reading

Infringing Copyright? Think Twice Before Removing the Copyright Notice–It Could be Deemed “Copyright Management Information” Under the DMCA

A simple copyright notice (e.g., “© [Year of First Publication] [Owner]”) on a website can imply an assertion of ownership in individual elements of the website and constitute “copyright management information” under the Digital Millennium Copyright Act (DMCA), a Texas district court held.  A Texas investment company learned this lesson the hard way when it … Continue Reading

SEC Has Conditional “Like” for Social Media Disclosures by Securities Issuers—A Reason to Reevaluate Electronic Communications Policies and Practices

The U.S. Securities and Exchange Commission gave disclosures made through social media platforms such as Facebook and Twitter a conditional “thumbs up” in a Report of Investigation it released on April 2, 2013.  Issuers of securities, the SEC stated, can use social media to disseminate material, nonpublic information without having to make any other disclosures … Continue Reading
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