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Rich Spilde

Partner

1800 Broadway, Suite 300, Boulder, CO 80302
P 303.473.4808
OVERVIEW

Rich focuses on technology, outsourcing and offshoring, telecom transactions, and data security matters.

He represents clients in a variety of industries, including financial services, healthcare, manufacturing, media and entertainment, natural resources, and software. Having served as in-house counsel for a large communications company, Rich truly appreciates the challenges and opportunities clients face to exploit and preserve the value of their technology assets in a rapidly evolving environment. He delivers sophisticated, practical advice to help his clients identify issues and structure technology transactions that manage their risk, protect their intellectual property, and meet their overall strategic objectives.

EXPERIENCE

Experience

Technology Transactions and Licensing
  • IP And technology development, licensing, and distribution transactions
  • Multi-media, e-commerce, and licensing agreements, including advertising and affiliate agreements, strategic alliances, website and app development, ASP, SaaS and cloud services agreements, and professional services agreements
  • Content and data license agreements, software license and subscription agreements, support and maintenance agreements, clickwrap and shrinkwrap agreements, and open source software
  • OEM, product and service distribution, and reseller agreements, joint venture agreements, independent contractor and consulting agreements, and non-disclosure and confidentiality agreements
  • Trade secrets and intellectual property development license and transfer agreements, technology transfer agreements, marketing agreements, co-branding agreements, and network site license agreements
Data Security and Privacy
  • Advice and counseling on matters related to the Cable Communications Policy Act, PCI-DSS, PA-DSS, COPPA, the GDPR, Fair Credit Reporting Act, and individual state data protection and breach notification laws
  • Data breach incident response, remediation, notification ad compliance
  • Terms of Service and Use, Privacy Policies, and EULAs 
  • Support on data security matters in day-to-day operations and as these arise in transactions, including data collection, vendor oversight, and information security standards compliance and audit
  • Drafts policies, protocols, and practices tailored to address the privacy and security needs of individual clients
Outsourcing and Technology Procurement
  • Initial RFP planning, vendor selection, contract structuring, and negotiation of complex business process and information technology sourcing transactions, including:
    • Help desk and call center services
    • HR, payroll, and payment processing services
    • Information technology solutions and services
    • Managed services
    • Gainsharing
Telecommunications Services
  • Draft and negotiate wholesale and enterprise telecommunications services and infrastructure transactions, including agreements involving:
    • Colocation, data center, and cloud services
    • Local access and network services 
    • Network services 
    • Private line, transport, and wavelength services
    • Telecommunications facilities and infrastructure
  • Extensive experience structuring transactions using conduit, fiber optic, and submarine cable indefeasible rights of use, and matters involving access to rights of way for the installation and operation of telecommunications facilities
Financial Services
  • PA – DSS, and payment card industry security standard compliance
  • International card brand rules compliance, including advice and counseling on transaction processing rules
  • Payment processing and related services transactions with merchant banks, payment processors, and the payment brands
PRACTICES

Practices

Telecoms Transactions
Intellectual Property
IT, Software and Technology Transactions
Outsourcing and Offshoring
Privacy and Information Security
Cybersecurity and Data Breach Defense
Cybersecurity and Privacy
NEWS AND INSIGHTS

News

Speaking Engagements

"Post Breach Response - Incident Handling and Data Breach Communications," CISO Exectuive Network Roundtable, April 25, 2018
"Incident Response," CISO Executive Network Roundtable, April 10, 2018
"Are You Ready? Building or Strengthening Your Cybersecurity Incident Response Plan," 03/13/2018
"Talking to the Board: Improving Your Board's Cybersecurity Literacy," Association of Corporate Counsel, Ethics Day, December 6, 2017
"Cybersecurity Grabs Headlines, But Privacy Policies and Practices Are as Important," Holland & Hart Cybersecurity Breakfast Series, 11/16/2017
"Data Is the New Oil: Minding the Gaps in Cybersecurity," in-house client presentation, co-presenter, November 2017
"Protecting Data in the Wake of Recent Attacks and the Legal, Regulatory, and Industry Frameworks that Govern," Holland & Hart Cybersecurity Breakfast Series, October 24, 2017
"What's My Data Worth? How to Monetize Startup Data in 2017," Presenter and Panelist, Denver Startup Week Session, Denver, CO, September 29, 2017
"Negotiating Healthy EHR and Healthcare IT Contracts: It's Not Just HIPAA," Healthcare Law Webinar Series, September 28, 2017
"Cybersecurity Oversight Training," National Cybersecurity Center, May 2017
"A Legal Perspective of Enterprise Startups," Boulder Startup Week, Panelist, Boulder, CO, May 2017
"User Behavior, Effects on Civil Society, Business and Government," Panelist, University of Colorado, Colorado Springs, April 24, 2017
"In House Counsel CyberSecurity Roundtable," Boise, ID, April 4, 2017
"PCI (Payment Card Industry) Risk and Compliance - Part 1," Cybersecurity Breakfast Series, Boise, ID, April 4, 2017
"Cybersecurity Oversight for Board Directors – 2017 Legal Risks and Issues," National Cybersecurity Center, February 21, 2017
"Vendor and Service Provider Oversight and Diligence," Holland & Hart Client Update, November 30, 2016
"Cybersecurity Oversight for Board Directors – 2016 Legal Risks and Issues," National Cybersecurity Center, Colorado Springs, CO, November 16-17, 2016
"Data Monetization - Data is the New Oil - and Oil is a Liquid Asset," Denver Startup Week, Denver, CO, September 14, 2016
"Privacy Regulation In the Information Age," Promise & Perils of Web 2.0 and Your Business, Holland & Hart seminar, Denver, CO, November 2009
"Vendor Due Diligence," Co-presenter, IAPP Knowledge Net, Denver, CO, September 2009
"Software Distribution and Resale Agreements," Intellectual Property and Technology Institute, Denver, CO, June 2009
"ProPay Data Security Summit," Speaker and Panelist, Snowbird, UT, November 2008
"Having Your Cookies and Keeping Your Customers: Privacy Issues, Challenges and Threats in Electronic Commerce," Outdoor Industry Association Rendezvous, Boston, MA, October 2008
"Seven Deadly Sins of Data Security Breaches," Speaker and Panelist, Association of Corporate Counsel, Denver, CO, April 2008
"Trends and Developments in Blogs and the Law," Colorado Software and Internet Association, Denver, CO, February 2006
EDUCATION AND ADMISSIONS

Education

University of Denver College of Law
J.D., 2000
  • Order of St. Ives
  • University of Denver Student Law Office
  • Transportation Law Journal, Member
  • Moot Court Board, Member
Colorado State University
B.A., 1995
  • Political Science

Bar Admissions

Colorado
PROFESSIONAL AND CIVIC AFFILIATIONS

Professional and Civic Affiliations

  • American Bar Association, Member 
  • Colorado Bar Association, Member 
  • International Association of Privacy Professionals, Member
  • Open Fairways, Board of Directors, 2008-2009 
  • Outdoor Industry Association, Member 
  • Volunteers of America
  • National Cybersecurity Center
  • Colorado State University Rams JD Steering Committee, Member 2015-present
DISCLAIMER

Unless you are a current client of Holland & Hart LLP, please do not send any confidential information by email. If you are not a current client and send an email to an individual at Holland & Hart LLP, you acknowledge that we have no obligation to maintain the confidentiality of any information you submit to us, unless we have already agreed to represent you or we later agree to do so. Thus, we may represent a party adverse to you, even if the information you submit to us could be used against you in a matter, and even if you submitted it in a good faith effort to retain us.

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