July 27, 2021

Volume XI, Number 208

Jason A. Bernstein

A co-chair of the firm’s Data Security and Privacy practice, Jason Bernstein is a business adviser who helps clients develop, manage, protect and leverage their IP assets and valuable data. By offering real depth in a multitude of disciplines and industries, Jason is appreciated for his proven business acumen and creative problem-solving ability.

Inventions, innovations and information, particularly information security and privacy matters, are at the core of Jason’s practice. With more than three decades of experience, Jason advises on strategic planning for and the protection of client brands and creations via patents, trademarks and copyrights, as well as negotiates a myriad of technology and business agreements involving valuable IP.

Jason’s clients include startups, universities, and established technology, manufacturing and services companies. His industry experience ranges from medical devices to organic and polymer chemistry to pharmaceuticals, mechanical apparatus and software. Regardless of the client or industry, Jason helps companies minimize their exposure to data security and privacy risks. He works with clients to proactively improve data security risk management and develop policies and procedures for incident response.

He also advises on compliance with laws such as the European General Data Protection Regulation (GDPR), as well as prepares and negotiates agreements involving data security and privacy issues, such as software and website terms of use and privacy policies.

Jason also works with companies after a data breach to evaluate the breach, notify affected individuals and agencies, and guide the company in communications to minimize effects on brand reputation. As a result, Jason is a frequent speaker nationally to various organizations and conferences on how companies can respond to cybersecurity incidents and emerging cybersecurity threats, improve their risk management, and more effectively negotiate agreements with customers and vendors.

In addition, Jason advises on strategic IP planning and due diligence investigations related to mergers and acquisitions, trademark selection and clearance, registration, licensing and infringement. He has worked with a wide range of trademark portfolios in the restaurant, healthcare, cosmetics, nutraceuticals, software and hardware, apparel, medical products, manufacturing and financial services industries.

Moreover, Jason assists vendors and buyers in drafting and negotiating technology-related agreements that improve profitability, reduce expenses, minimize exposure to liability and reduce the time to close deals that are critical to the bottom line. He has drafted and negotiated agreements in licensing, technology transfer, manufacturing, distribution, supply, support, outsourcing, cloud hosting, data storage and processing, software and website development, R&D, joint development, and other areas. Notably, clients rely on Jason to help improve their contracting processes by evaluating current approaches so as to realize the full potential for ROI and by designing professional training programs that improve negotiating effectiveness.


Articles in the National Law Review database by Jason A. Bernstein