Technology | McGlinchey Stafford PLLC

A team that serves clients in mature and emerging industries

As a firm deeply embedded in the financial services industry – we have a nationwide ranking from Chambers USA in Financial Services Regulation: Consumer Finance (Compliance) – we have had to address issues large and small related to technology, cybersecurity, and data privacy for our financial services clients. Moreover, as a vendor serving these clients, we have firsthand experience with the real-world business and legal issues facing organizations of all types – namely, the need to manage security risks related to technology and to meet the expectations of both regulators and customers in the arena of data privacy.

We also have extensive experience working with companies in mature industries – for example, petrochemicals and energy – where their businesses intersect with technology. We help them address the regulatory compliance and operational issues they face related to technology, cybersecurity, and data privacy. Our Technology team lawyers are leaders in educating clients about the legal implications of developments in FinTech, blockchain, artificial intelligence, drone, and other technologies.

We have particular strength advising clients in the areas of:

Cloud services contracts
Cyber insurance
Cybersecurity litigation
Data security – regulatory compliance
Data security – breach and incident response
Data privacy – regulatory compliance
Electronic contracting
FinTech
Hardware and software agreements
IT outsourcing
Privacy litigation and regulatory enforcement
Service-level agreements
Technology licensing agreements

In addition to advising our clients on regulatory compliance, contracts, and litigation, we work to anticipate the long-range needs of their businesses – providing counsel on risk management, indemnification, and other measures to minimize the threat of future liability.

Representation of Technology Company in Putative Nationwide Class Action Involving Lanham Act Claims
Investigated claims of executive mismanagement and fraud on behalf of audit committee of a publicly traded technology company.
Interviewed more than 20 witnesses, reported to audit committee chair, and assisted with referral of matter to SEC and DOJ, meeting with both agencies on behalf of the company. Several executives, who were terminated based upon the findings of the investigation, were convicted or pled guilty to federal crimes and served significant jail time.
McGlinchey team successfully defends ex-Overstock CEO in securities class action
McGlinchey attorneys Bob Driscoll and Alfred Carry (Washington, DC) obtained another dismissal in favor of client Patrick Byrne, founder and former CEO of Overstock in a putative class action alleging securities fraud, market manipulation, and other secondary claims.
Deep Knowledge of Both Technology and Financial Services Prevented a Meltdown of a Client’s Internet Banking Operations
Where we started: Our client, a national financial institution, was accused by a vendor, a market-leading online banking platform, of violating the terms of a software licensing agreement. Even as our client sought to transition to a different provider, the ensuing lawsuit in federal court threatened to put the client’s internet banking operations in jeopardy.More
Represented FinTech company in $100 million commercial loan transaction
McGlinchey Stafford represented a financial technology company based in Colorado in the structure and negotiation of a loan purchase agreement, requested opinions to certain opinion parties and the closing of the transaction on an expedited schedule to coincide with the closing of an additional capital raise.
Represented FinTech company in conversion transaction
McGlinchey Stafford represented a FinTech company and its wholly-owned subsidiary in the final closing of the conversion of notes for a capital investment transaction. McGlinchey Stafford served as exclusive legal counsel with respect to the conversion transaction, including lender regulatory compliance and transaction guidance, including finalizing change-of-control, analysis, and notices which were a gatekeeping itemMore

Deep Dive into Payments: Q&A on Bank Partnership Considerations
At first blush, payments and bank partnerships may not seem immediately related.
CFPB Proposes Expanded FCRA Reach – Will It Grab Your Business?
At a recent White House Roundtable, CFPB Director Rohit Chopra announced that the bureau will promulgate new rules in September that will broaden the categories of information/data that are subject to the Fair Credit Reporting Act.
Litigator Ben Lajoie Joins McGlinchey’s Boston Office
McGlinchey Stafford is pleased to announce that Benjamin P. Lajoie has joined the firm’s Enterprise Litigation and Investigations practice group as a Member (Partner) in Boston. Ben is one of 34 attorneys McGlinchey has brought on in 2023 as part of a focused hiring effort to expand its highly integrated team of best-in-class attorneys.
Employers – Are Your Work Rules Overly Restrictive?
In Stericycle, Inc. vs. Teamsters Local 628 (August 2, 2023), the National Labor Relations Board (NLRB) adopted a new and more stringent legal standard for determining whether a work rule is overly restrictive, finding that the prior standard permitted employers to adopt overbroad work rules.
Hot Workforce Topics in 2023: Remote Work and Pro-Employee Movements
The year 2023 represents a time of shifting attitudes toward the workplace and workforce, with the effects of the COVID-19 pandemic continuing to wax and wane, pro-employee movements taking place in high-profile industries, and the make-up of the U.S. Supreme Court and the rest of the federal court system on a conservative shift. Keeping up with the hot topics ensures employers understand their workforce and the issues facing them.