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Mark Grossman



Counsel
grossman@thsh.com
Phone: 212-508-6748




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Mark Grossman

Bio

Mark is a technology lawyer, negotiator and public speaker. His practice focuses on the negotiation of enterprise IT deals of every kind and advising on numerous other technology related legal issues. His clients have ranged from Fortune 100 companies to middle market companies in many diverse industries including car rental, oil and gas, automobile distribution and import, recording label, music distribution, supermarkets, medical billing, insurance, hospitals, technology and digital media. He is also an author and frequent speaker on technology, outsourcing, and the art of deal negotiation.

The Best Lawyers in America (www.bestlawyers.com) named Mark “Lawyer of the Year” for Technology Law in New York City for 2016. Each year, Best Lawyers names a single lawyer in each specialty in each community as a “Lawyer of the Year.” Those honored have received particularly outstanding ratings in the surveys by their peers by earning a high level of respect for their abilities, professionalism and integrity. Further, his peers also selected him to be on the 2015, 2016, and 2017 New York Super Lawyers list. Super Lawyers are those who were in the top 5% of the vote in a state.

He has appeared on “The Best Lawyers in America” list since 2003. Since Best Lawyers bases its choices on a confidential peer-review survey in which over 25,000 leading attorneys cast about two million votes on the legal abilities of other lawyers in their specialties, and because lawyers are not allowed to pay a listing fee, inclusion in Best Lawyers is considered a singular honor. Corporate Counsel magazine has called Best Lawyers “the most respected referral list of attorneys in practice.”

Mark authored two editions of the book Technology Law - What Every Business (and Business-Minded Person) Needs to Know. He has written hundreds of columns for PC World Magazine, South Florida’s “Daily Business Review, and the Miami Herald and also co-authored a chapter called “Web Development Agreements” in the American Bar Association’s book titled Internet Law for the Business Lawyer.

He is a member of the National Speakers Association, a collective of speaking professionals that includes experts in a variety of industries and disciplines. He has also been a guest on many television and radio shows including CNBC’s “Closing Bell,” Bloomberg TV’s “Bloomberg West,” and ABC’s “Nightline.” Since the mid-1990’s, he has spoken to hundreds of groups domestically and internationally including multiple appearances at Georgetown University Law Center’s Advanced Computer Law Institute and seminars offered by the Association for Corporate Counsel and the Practicing Law Institute.

Mark is currently serving on the Board of Directors of the South Florida Chapter of the Society of Information Management (www.simnet.org/) and the South Florida Technology Alliance (www.southfloridatech.org/).

In 1998, Mark was a co-founder of the software company Eisenworld, Inc., which Microsoft acquired in 2006. Microsoft incorporated Eisenworld’s “PC Relocator” software into Microsoft’s Windows operating system.

Mark received his B.A. with high honors in 1979 from Stony Brook University and is a 1982 cum laude graduate of Georgetown University Law Center in Washington, D.C. He is a member of the New York and Florida Bars.

Significant Matters

This list of representative transactions represents the broad nature, scope, and type of transactions Mark has handled for his clients and is not intended to be an exhaustive list of his technology and telecommunications law experience.

  • Negotiated a multi-million dollar business process outsourcing deal for a Fortune 500 company with the company's Indian service provider.
  • Negotiated the licensing of a multi-million dollar claims and risk management system for a Fortune 100 company.
  • Negotiated multi-million dollar payroll and tax services outsourcing deals for a Fortune 500 company.
  • Represented a Fortune 100 company in a negotiation, design, and purchase of an IT system for a new regional distribution center.
  • Negotiated a telecommunications master services agreement for a national fast food restaurant chain.
  • Negotiated master software licensing and services agreements with Microsoft and SAP for an international oil and gas services company.
  • Represented software companies in connection with licensing, reseller, distribution, and services agreements.
  • Structured, negotiated, and drafted agreements related to the telecommunications transport and managed network services for a Fortune 500 company.
  • Counseled an international digital media company on the licensing and sale of its software, hardware, professional services, installations, and support and maintenance services.
  • Negotiated multimillion dollar settlements for clients relating to a variety of disputes including, but not limited to: software licensing, credit card processing, software development, and intellectual property infringement.
  • Advised a Fortune 300 company on the acquisition of a multi-million dollar database system including software and hardware components.
  • Represented a major health care IT service provider in a variety of merger and acquisitions transactions.
  • Negotiated numerous multi-million dollar call center outsourcing deals for a Fortune 500 company with the company's service providers in India, Mexico, and Costa Rica.
  • Served as outside IP counsel with respect to clients' trademark and copyright issues, including the creation and enforcement of intellectual property rights.
  • Negotiated a state of the art custom software licensing and custom hardware development agreement for a Fortune 500 company.
  • Advises a digital media company and negotiates its licenses for video and graphics software to television broadcasting companies worldwide.
  • Provided a range of services to start-up companies including advice on organizational structure, security matters, initial and venture capital financing, and partnering arrangements.
  • Negotiated credit card processing agreements with leading international credit card companies for a Fortune 500 company.
  • Represented clients in negotiating various telecommunications master services and network services agreements with Bellsouth, AT&T, and Verizon.
  • Represented numerous software vendors of all sizes on IT and intellectual property matters including licensing agreements, hosting agreements, development transactions, maintenance and support agreements, consulting, and professional services agreements.
  • General Counsel to a fast growing telecommunications software company named to the Inc. 500 (Inc. Magazine's annual list of the fastest growing private companies in the U.S.), and assisted the company in the licensing of software products to telecommunications carriers.
  • Advised a startup software company on the licensing of airline crew pairing optimization software to major U.S. airlines.
  • Performed intellectual property due diligence related to a complex multimillion dollar acquisition by a Fortune 500 company.
  • Advised and provided strategic counsel to a leading IT services provider as General Counsel on numerous software, hardware, and IT services contracts.
  • Counseled a regional auto dealer on legal implications of moving from a paper based purchasing and lending process to a pure electronic contracting environment.
  • Represented an online pharmacy on the development and design of its e-commerce sites, offshore colocation agreements, financing, other issues relating to its worldwide e-commerce operations, and eventually negotiated the sale of the company.
  • Provided advice to providers of products and services in various business sectors in establishing websites, including providing advice on website terms and conditions, e-commerce terms and conditions, privacy policies on domain name issues, and cyber squatting disputes.
  • Represented client on the acquisition of software products, including negotiating service level agreements, software escrow agreements, and hosting agreements.
  • Represented software vendors in drafting and negotiating end user license agreements and customized software development agreements.
  • Advised various medical IT companies on HIPAA compliance issues.

View All of Mark Grossman's Publications Here

Mark Grossman has or will serve as a speaker, moderator, event chair or panelist for the following events:

View Past Events

Education:

College:

  • Stony Brook University, 1979.
  • Honors: High Honors

Law School:

  • Georgetown University, 1982, J.D.
  • Honors: Cum Laude

Memberships:

Civic:

  • Board of Directors of the South Florida Technology Alliance
  • State of Florida's Internet Task Force
  • Board of Directors of the InternetCoast
  • General Counsel for the South Florida Interactive Marketing Association
  • Board of Advisors for OutsourceWorld.
  • Member of the Florida Bar's Computer Law Committee
  • National Speaker's Association

Bar Admissions:

  • New York
  • Florida

Award Recognition:

  • Martindale-Hubbell AV Preeminent Rating
  • The Best Lawyers in America 2003-2018
  • Super Lawyers: 2014-2017
  • Lawyer of the Year 2016
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