From our base in New York, we represent a diverse range of clients across the country and around the world.

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Areas of Focus

Devin A. Kothari

Partner

212 468 4902

Overview

A leading technology lawyer, Devin Kothari combines broad transactional and litigation experience with the skill of an engineer and software developer. He has considerable experience with cutting-edge issues at the intersection of law and technology, including software, patent, copyright, trade secret, data privacy and security matters. As a result, Devin represents high-tech start-ups, mid-cap and Fortune 500 companies in every sector, from software and data analytics to advertising, retail and sports to fintech, health care and medical devices.

Armed with an engineering background and deep technical proficiency, Devin immerses himself in his clients’ products and platforms. He uses the knowledge he gains to help them pursue growth strategies, minimize risk and optimize their technology. Clients appreciate his outside general counsel mindset and ability to bridge the gap between their legal, business and engineering teams.

In his computing and digital media practice, Devin addresses issues involving a diverse array of technologies and platforms including SaaS, API/SDKs, streaming, e-commerce, cloud hosting, AI, virtual reality, algorithmic trading, 3D printing, programmatic media, IT, cybersecurity and computer hardware. He also reviews computer architecture and source code, negotiates commercial software agreements, and leads technology-focused merger and acquisition transactions. In addition, Devin has significant experience with software regulatory issues involving open source, data security/breach and privacy compliance.

In his broader intellectual property practice, Devin helps clients protect and commercialize their technology through patent, brand and content licensing agreements. He also prosecutes patents, advises on portfolio management, and provides patentability, freedom-to-operate and invalidity opinions.

Devin is skilled at using litigation to drive up the value of his clients’ technology and favorably resolve intellectual property and technology-related disputes before federal courts and the Patent Trial and Appeal Board. Further, he routinely advises on creative strategies to dispose of patent troll claims in the software space.

Representative Experience

  • Acting as technology and media counsel to a fintech startup that created a cryptocurrency trading platform for high net worth and institutional investors. Established the client’s patent and trademark portfolio, advised on open source compliance and represented the company on the privacy and intellectual property components of its sale to a leading cryptocurrency brokerage.

  • Advising a restaurant reservation platform on its software and technology matters, including its API/SDK agreements, software development agreements, technology licensing and other partnerships. Led the intellectual property, technology and privacy components of the client’s $200MM acquisition by a major financial institution.

  • Defended a leading advertising agency in connection with a patent infringement suit brought by a non-practicing entity concerning the use of clean energy technologies. Filed for inter partes review to invalidate the plaintiff’s patent and simultaneously filed motions to dismiss and stay in C.D. Cal., leading to a favorable settlement.

  • Acted as patent counsel to a private investment group with interests in technology and media, in connection with its investment in a semiconductor technology company. Performed business, technical and legal diligence on its semiconductor patent properties, advised on scope of patent coverage, performed market analysis of related patents, assessed patent valuation and provided freedom to operate and validity opinions.

  • Counseled a major global financial institution in the drafting of artificial intelligence (AI) governance terms for their organization and through negotiations with software licensing and SaaS providers.
  • Provided comprehensive technology transaction services and product counseling for a unicorn SaaS startup. Our contributions included ensuring compliance throughout the product development cycle and navigating negotiations of key transactions within highly regulated industries. 
  • Providing a prominent financial institution with ongoing digital counsel for mobile applications and consumer initiatives. We regularly consult on product legal issues and open-source compliance, as well as review UI/UX copy, draft terms and conditions and negotiate technology agreements.
  • Negotiating a large volume of technology transactions for a public enterprise software company, including cloud, on-prem and channel partner agreements, as well as commercial and technology integrations of newly acquired companies. Our work has also included contract infrastructure matters, such as creating and helping to socialize playbooks, FAQs and other contracting references for the client’s in-house legal and business teams.

Insights + Events

Credentials

Education

  • Columbia Law School (J.D., 2010)
  • University of Pennsylvania (B.A. and B.A.S., 2007)
Bar Admissions
  • New York
Court Admissions
  • U.S. District CourtSouthern District of New York
  • U.S. District CourtEastern District of New York

Associations

Member, Davis+Gilbert Technology Committee

Member, American Bar Association

Member, American Intellectual Property Association,
― Member, Electronic & Computer Law Committee
― Member, Emerging Technologies Committee
― Member, Trade Secret Committee
― Member, M&A Committee

Member, New York State Bar Association

Member, New York City Bar Association

Member, New York Intellectual Property Law Association
― Member, Patent Litigation Committee
― Member Internet & Privacy Law Committee
― Member, Legislation Committee