Gavin George's practice covers technology transactions, intellectual property, and data privacy in the information age. He regularly counsels clients on technology agreement drafting and negotiation, patent, copyright and trademark protection, and privacy and data security issues.
Gavin facilitates business transactions involving the licensing, development, and transfer of software, data, and other technology. He assists large and small companies with commercial software licenses, technology development agreements, information technology services agreements, software-as-a-service (SaaS) agreements, subscription agreements, and outsourcing deals. He has significant experience related to the transfer and license of intellectual property, open source software, cloud computing, handling of protected data, social media, and development of new software, mobile apps, video games, and websites.
Gavin has advised a number of large U.S. and international companies across a variety of industries, including the health care, airline, railway, energy and entertainment industries. He also regularly advises clients on the intellectual property, privacy, and technology issues that arise in corporate mergers, acquisitions, spin-offs, and bankruptcies.
In addition to his law degree, Gavin holds a B.S. in chemical engineering. Gavin earned the designation of Certified Information Privacy Professional (CIPP/US) in 2014.
- Assists global medical company with technology agreement drafting and negotiation.
- Represented Altec Lansing, LLC and its Australian affiliate in the purchase of the assets of Avega Systems, Inc. and its Australian affiliate.
- Represented Ruby Tuesday, Inc. in its $24 million acquisition of assets of Lime Fresh Mexican Grill, Inc. and its affiliates. The asset purchase includes the brand's intellectual property rights and the assets of seven company owned restaurants, as well as royalties from five franchised restaurants.
Recent Publications and Presentations
- "Taming the Wild West of Big Data: The Social Norms and Laws of Social Data," co-author, Dallas Business Journal Confidential, July 26, 2013.
- "Protecting User Data in Light of the FTC’s Recent Privacy Enforcement Actions," co-Author, State Bar of Texas Annual Meeting, Business Law Section and Corporate Counsel Section, June 21, 2013.
- "European Data Protection Directive and Safe Harbor," presentation, North Texas Information Systems Audit and Control Association, April 11, 2013.
- "Cloud Computing Service Agreements," Lexology, April 19, 2012.
- "Employee/Consultant IP Assignment: Abbott v. Epocal," presentation, February 14, 2012.
- "Domain Name Collateral and Trademark Tangles," Law360, January 19, 2012.
- "IP License Transfer in Mergers and Acquisitions," presentation, November 11, 2011.
- "Business Trends and Case Law Updates in Software Licenses," Dallas Bar Computer Law Section, January 2011.
- "Update on Mandating Data Security," co-Author, Privacy & Data Security Law Journal, December 1, 2009.
- "The Erosion of Licensor’s Rights," co-Author, Bloomberg Law Reports, April 13, 2009.
- "Patently Complicated New Rules Still in Play: Tafas v. Doll on Interlocutory Appeal," Haynes and Boone Alert, March 30, 2009.
- "Domestic Trouble From Foreign Patent Affairs," Journal of the Patent and Trademark Office Society, Vol. 91(1):1-77-87, January 2009.
- "Pro-IP Act Signed Into Law," co-author, October 15, 2008.
- "Be Careful Where You Save That File," co-author, IP Law360, July 24, 2008.
- "Copyright Office Commences Online Registration of Claims," July 8, 2008.
- "What is Hiding in the Bushes? eBay’s Effect on Holdout Behavior in Patent Thickets," 13 Mich. Telecommunications Technology Law Review, 557 (2007).
- Texas Super Lawyers Rising Stars Edition, 2014
Selected Representative Experience
Template Drafting and Contract Negotiation
Worked with a leading provider of online health management software for hospitals and health care organizations. Identified and managed the risks of handling large amounts of personal health information. Drafted template documents for use with customers and third party vendors. Negotiated non-template agreements to ensure the proper privacy and data protections were in place. Assisted provider with ongoing compliance with changes to HIPAA and other privacy regulations governing the transfer of personal health information.
Data Protection and Confidentiality Contract Review
Reviewed human resources and information technology vendor contracts for major transportation company. Assigned each a risk level based on the type of data transferred, the type of vendor, and the pre-existing contractual data protection provisions. Worked with company to negotiate with vendors to amend or supplement the contract language to reduce the risk of loss of data and company’s potential legal exposure in the event of a data breach.
Due Diligence Representation of Global Medical Company
Assisted global medical company with technology agreement drafting, negotiation, and due diligence.
Ruby Tuesday Acquisition of Assets of Lime Fresh
Represented Ruby Tuesday, Inc. in its $24 million acquisition of assets of Lime Fresh Mexican Grill, Inc. and its affiliates. The asset purchase includes the brand's intellectual property rights and the assets of seven company owned restaurants, as well as royalties from five franchised restaurants.
05/08/2014 - A Desk Guide to Data Protection and Breach Response - Special Series
If your business is connected to the Internet, it is vulnerable to attack, either by willful perpetrators intent on exfiltrating your proprietary or sensitive data for their own personal gain, or by casual hackers or hacktivists intending to cause damage to your business.
03/13/2014 - A Desk Guide to Data Protection and Breach Response - Part 5
In this installment of A Desk Guide to Data Protection and Breach Response
, we discuss disclosure and enforcement actions by regulators, including state attorneys general, the U.S. Federal Trade Commission (the “FTC”), and the U.S. Department of Health and Human Services (the “HHS”), among others.
02/13/2014 - A Desk Guide to Data Protection and Breach Response - Part 1
The news has been filled with stories of high-profile data breaches, exposing breached companies to intense and negative scrutiny from lawmakers, regulators, media, customers, and plaintiffs’ attorneys. Other companies that handle personal information have been asking us how they can avoid a similar fate. In the coming weeks, we will be exploring that issue through our special series, "A Desk Guide to Data Protection and Breach Response."
07/26/2013 - Taming the Wild West of Big Data: The Social Norms and Laws of Social Data
The introduction to society of new technologies often results in an initial Wild West period of opportunity and uncertainty.
06/21/2013 - Protecting User Data in Light of the FTC’s Recent Privacy Enforcement Actions
Presented at the State Bar of Texas Annual Meeting, Business Law Section and Corporate Counsel Section, June 21, 2013.
04/11/2013 - European Data Protection Directive and Safe Harbor
Presented to the North Texas Information Systems Audit and Control Association on April 11, 2013.
04/19/2012 - Cloud Computing Service Agreements
How should you approach your cloud computing service contract?
02/14/2012 - Employee/Consultant IP Assignment: Abbott v. Epocal
A presentation outlining basic patent rules, basic copyright/trademark rules, patent assignment by contract, copyright assignment by contract, and the Abbott v. Epocal
01/19/2012 - Law360 Guest Article: Domain Name Collateral And Trademark Tangles
For a business involved in digital distribution, a domain name and the services offered through that domain name are often responsible for a large portion of the business value.
11/02/2011 - IP License Transfer in Mergers and Acquisitions
An overview of issues related to license transfers in mergers and aquisitions transactions.
10/04/2010 - Hot Branding News, Fall 2010
12/01/2009 - Update on Mandating Data Security
A review the data security requirements of new laws in three states: Massachusetts, Nevada, and Connecticut.Privacy & Data Security Law Journal, December 2009. Reprinted with permission.
10/02/2009 - The IP Beacon, October 2009
The IP Beacon is a quarterly newsletter prepared by the Haynes and Boone Intellectual Property Practice to inform clients and friends of trends and changes in intellectual property law.
09/21/2009 - Update On Mandating Data Security
Many states have enacted statutes imposing general obligations on companies to maintain “reasonable” security procedures and practices to protect the personal information of state residents from unauthorized access or use... This article explores a few specific developments in state law.
04/13/2009 - The Erosion of Licensor’s Rights
A license agreement traditionally has been thought of as a promise from an intellectual property owner not to sue the licensee for engaging in conduct that would otherwise violate the owner’s rights. A license agreement enables the licensor to generate revenue, while retaining ownership of the intellectual property.
© Bloomberg Finance L.P. 2009. Originally published by Bloomberg Law Reports. Reprinted by permission.
03/30/2009 - Patently Complicated New Rules Still in Play: Tafas v. Doll on Interlocutory Appeal
The Federal Circuit in Tafas v. Doll
(formerly Tafas v. Dudas
) has now had its first review of the new rules proposed by the U.S. Patent and Trademark Office (“PTO”), based on an appeal of a summary judgment ruling. The PTO has been attempting to implement these new rules relating to the patenting of inventions since November 1, 2007, which would impose fairly strict and burdensome requirements on patent applicants and companies attempting to protect their financial investment and incentive to develop such technology.
10/15/2008 - Pro-IP Act Signed into Law
Yesterday the Prioritizing Resources and Organization for Intellectual Property Act of 2008 was signed into law.
09/08/2008 - The IP Beacon
A Haynes and Boone Newsletter highlighting current issues in Intellectual Property Law.
07/24/2008 - Be Careful Where You Save That File
IP Law 360
Inventions are not patentable in the U.S. if they have been publicly disclosed, used, or sold for more than a year before filing an application, according to Section 102(b) of the Patent Act. This rule is based on the principle that an invention in the public domain should no longer be patentable.
07/08/2008 - Copyright Office Commences Online Registration of Claims