Jeffrey Kosc

Jeff’s practice focuses on transactional and litigation matters relating to intellectual property, information technology, data security, privacy, artificial intelligence, e-commerce, advertising, sweepstakes, and promotions.

For over 25 years, Jeff has represented clients in the negotiation of many technology transfer, license and procurement agreements including SaaS, PaaS, IaaS, AdTech, fintech, outsourcing, data processing, data governance, development, non-disclosure, non-competition, non-solicitation, professional services, support services, service-level agreements (SLA), license, asset purchase, referral, strategic alliance, distribution, manufacturing, sales, development, invention, card processing, and equipment lease agreements.

Intellectual Property

• Represented a global beverage company in agreements for outsourcing of its worldwide IT infrastructure and applications management.
• Represented a major retailer in disputes with merchant banks, issuing banks and payment card industry in connection with alleged security breach. Representation included interpretation of the PCI-DSS/CISP security standards and counseling relating to common point of compromise (CPP/CPC) designation.
• Represented a private equity firm in the acquisition of an Indianapolis consumer-goods company and subsequent divestiture of certain operating units.
• Represents a Fortune 500 advertising conglomerate in multiple complex, enterprise-wide, technology procurement, license and services agreements, including applications, ERP and hardware.
• Successfully defended motion to enjoin an event-ticket broker from using trademarks related to a well-known event and venue in a descriptive manner.

Intellectual Property Litigation

• Lead counsel in trade secret, contract and related business torts litigation claiming over $10 million in damages in the Northern District of California for an e-commerce client.
• Litigation counsel for a food products distributor in International Trade Commission (ITC) Tariff Act action alleging the importation and sale of products in violation of multiple U.S. patents.

Litigation

• Litigation counsel in litigation and related arbitration regarding a software patent in the Eastern District of Texas and American Arbitration Association.
• Obtained summary judgment and successfully defended an appeal to the Indiana Supreme Court on a rent-escalation dispute.

• “U.S. Privacy Law Update: The California Privacy Rights Act,” Indianapolis Bar Association, Nov. 11, 2021
• Panelist, “GDPR and Data Localization Laws: the Growing Compliance Risk for US Businesses”, Ohio Attorney General Mike DeWine’s CyberOhio Business Summit Cybersecurity & Privacy Protection Conference, March 23, 2018
• “Recent Developments in Fair Use (Copyright),” Indiana Continuing Legal Education Forum Midwest IP Summit, Nov. 17, 2017
• “One Stop Tech Shop: Exploring IP, the Cloud and Cyber Security,” Indianapolis Bar Association, Dec. 8, 2016
• “Preparing for Website Accessibility Litigation,” National Association of Wholesaler-Distributors – Billion Dollar CLO Roundtable, Nov. 2, 2016
• “Legal Issues Regarding Data Breaches And Cyber Security,” The Indiana Lawyer, Oct. 26, 2016
• “A Primer for Drafting Cloud Computing Agreements,” Corporate Counsel, April 8, 2015
• “Negotiating in the Cloud – What Every Business Lawyer Should Know When Negotiating Cloud Computing Contracts,” Indianapolis Bar Association, Nov. 19, 2014
• “Understanding Key Terms for 3PLs in Information Technology Agreements,” 3PL Americas – Summer 2014