Katherine E. Lewis is a Partner at MSF in the firm’s Intellectual Property Group. She concentrates her practice on the intersection of information technology and data privacy and security compliance. Katherine counsels a variety of U.S.-based and international enterprise and startup technology firms across a multitude of industries. She advises clients on a variety of information technology, data privacy, data security and intellectual property matters with special emphasis on software and technology development, monetization and licensing, collection and use of data and personally identifiable information, and cross-border data transfers in compliance with an ever-changing legal landscape.
Katherine works on the cutting edge of technology, counseling clients on legal issues pertaining to data monetization, online advertising technologies, artificial intelligence and machine learning, web 2.0, web3, metaverse, non-fungible tokens (NFTs) (minting, collaborations, rights management, marketplaces, etc.), EdTech, health tech service providers, FinTech, and more.
Working closely with the MSF corporate group, Katherine regularly conducts Information Technology, Data Privacy and Security Compliance, and Intellectual Property due diligence on both buyer and seller-side deals, including assessment and development of strategies for pre- and post-closing data exchange, use and monetization.
Ms. Lewis also advises internationally renowned cultural institutions, public universities, influencers, athletes, artists and other creatives on all manner of new and digital media transactions, artist commissions, collection and archival acquisition purchases and donations, object acquisitions, exhibition loan agreements, traveling exhibition agreements, live event productions, talent agreements, collections and archival digitization, and a variety of collaboration and public-private partnerships.
LL.M, University of New Hampshire School of Law, Intellectual Property Law
J.D., University of New Hampshire School of Law
B.A., University of Connecticut, Art History
State of New York
State of Massachusetts
District of Columbia
Prior to joining MSF in 2015, Ms. Lewis was an Attorney-Advisor with the Smithsonian Institution’s Office of Contracting for several years, working on a variety of intellectual property, acquisition, estates, grants, exhibitions, filming, publishing, product licensing and general commercial transactions, most of which were also subject to federal legal and regulatory considerations.
Ms. Lewis interned with the Charitable Trusts Unit, New Hampshire Attorney General Office while in law school and later returned as a volunteer attorney, with a focus on regulatory compliance and enforcement of local laws, rules and regulations as to charitable organizations, with special emphasis on executive compensation, cy pres and deviation, fundraising compliance, fraud, religious institutions, and anti-trust investigations.
Represent internationally renowned career training educational institution in all U.S. data privacy compliance matters, including CCPA, CPRA, TCPA, Federal Trade Commission and New York SHIELD Act compliance, responding to customer requests for deletion of data, advising on the sale of customer information through social media remarketing campaigns, working with outside counsel on FERPA and GDPR compliance matters.
Part of a cross-functional corporate, employment and data privacy team representing international ad-tech company in the acquisition of a U.S. based digital publishing company to conduct data privacy and compliance due diligence, advise client on regulatory risks, data escrows, consumer consent requirements.
Part of a cross-functional corporate, intellectual property and data privacy team representing a buyer in the acquisition of several digital media properties, which presented novel data privacy due diligence and compliance issues under CCPA, GDPR, Michigan’s Video Privacy Act and other state laws.
Counsel hospitality industry clients throughout the COVID-19 pandemic and resulting quarantines on data privacy and security compliance matters related to shifts in business models.
Part of a cross-functional corporate and intellectual property team to represent a global leader in providing market intelligence, data, and technology solutions in a joint venture with a leading smart contracts platform for institutional applications of blockchain technology, in all elements of conducting IP due diligence, counseling, drafting and negotiation of the IP-related agreements and transactional components of the joint venture.
Assisted client with synthesizing post-merger intellectual property policies and standardizing agreements and forms; negotiated multi-million-dollar strategic customer agreements for an enterprise information security, identity and data protection company; developed internal contracting and procurement policies for enterprise information security, identity and data protection company.
Counseled FinTech startup in a strategic partnership with a worldwide CFTC-registered exchange for interest rate swap, for the integration and exploitation of the client’s proprietary service and the counterparty’s global electronic trading platform, including drafting and negotiation of terms.
Counseled drone operations and analytics software company in a strategic partnership with an enterprise information technology corporation to develop a custom analysis tool, including drafting and negotiation of terms.
Counseled, structured and executed implementation of client transition from proprietary in-store music-delivery device to white-label hardware/software solution, including drafting and negotiation of reseller, support and licensing agreements; comprehensive review and amendment of existing customer agreements; data privacy compliance issues with respect to customer requirements; and negotiation of agreements with multiple big box corporations for the provision of in-store music services, music branding and strategy consulting and marketing services.
Counseled targeted digital media marketing leader in a strategic data partnership agreement with a data onboarding platform to allow marketers to use their customer database for targeting, return on investment and content optimization, including drafting and negotiation of terms.
Counseled world-renowned cultural institution on the competition, negotiation and award of multiple MSAs for large-scale digitization of collections and a multitude of information technology agreements, including a multi-million-dollar design, development and manufacture contracts for a customized museum visitor interactive device.
Counseled client on, drafted and negotiated a strategic cross-border partnership to license substantial quantities of audio-visual data for the development of artificial intelligence, addressing novel intellectual property issues.
International Association of Privacy Professionals (2020 – Present)
Consulegis (A Global Network), Officer, IT and Data Protection Practice Group (2019 – Present)
American Bar Association, Section of Science & Technology: Chair-Elect (2020), Vice Chair (2019), Secretary (2018)
National Conference for Lawyers & Scientists, Washington, DC, Board Member (2015 – 2019)
“The Practical Impact of Schrems II on International Data Flows,” Consulegis – Global Legal Organization (April 2021)
“Global Data Protection: From USA to Europe to China, Safeguarding Digital Information is Your Responsibility,” Consulegis – Global Legal Organization (June 2020)
“New and Emerging Legal Issues Raised by New and Emerging IoT Technologies,” Internet of Things National Institute, American Bar Association (March 2019)
“Immerse Yourself: AR & VR in Museums and the Arts,” SXSW Interactive, Austin, TX (March 2018)
“Immerse Yourself: Creative Expression through Augmented & Virtual Reality,” Annual American Bar Association Meeting, New York, NY (August 2017)
“Augmented Reality: Beyond Pokémon Go™”, American Bar Association, Section of Science & Technology, Webinar (March 2017)
“Digital Copyright & Privacy” American Bar Association, Section of Science & Technology (October 2015)
“Digital Deaccessioning.” Is it Okay to Sell the Monet? Age of Deaccessioning in Museums, First Edition. Rowman & Littlefield, 2018
“A Copyright Holder’s Guide to Recent Developments in Digital Millennium Copyright Act Takedown Procedures.” Provenance, Chicago, IL: Museum & Arts Law Committee, Winter 2016
“Digital & Information Technology at the Museum.” The Legal Guide for Museum Professionals, Section IV, Chapter 18, Intellectual Property, First Edition. Rowman & Littlefield, April 2015
“Social Media: Use Responsibly.” The Legal Guide for Museum Professionals, Section IV, Chapter 17, Intellectual Property, First Edition. Rowman & Littlefield, April 2015
“Rights & Reproductions: The Rapidly Changing Landscape.” The Legal Guide for Museum Professionals, Section IV, Chapter 20, Intellectual Property, First Edition. Rowman & Littlefield, April 2015 (co-author)
“Orphan Works: Handle with Care.” NEMA News: The Quarterly Journal of the New England Museum Association, New England Museum Association, August 2013
“Caught in the Middle: Intellectual Property and Indigenous Communities.” Landslide, Chicago, IL: ABA Section of Intellectual Property, March 2013 (co-author)
“Survey: Arts Organizations Increased Reliance on the Internet & Digital Technologies.” Provenance, Chicago, IL: Museum & Arts Law Committee, February 2013
“Navigating Social Media Challenges with Small Museums: Be Proactive Not Reactive.” The Sci Tech Lawyer, Chicago, IL: Section of Science & Technology, April 2012
“Data Security Requirements of New York SHIELD Act,” Client Alert, April 2020
“Video Conferencing Privacy and Security Alert” Client Alert, April 2020
“New York Stops Hacks and Improve Electronic Data Security Act,” Client Alert, October 2019
“How California’s New Data Privacy Act Impacts You,” Client Alert, September 2018
The Art Newspaper