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Jenifer S. McIntosh

Jenifer S. McIntosh

Location:
Louisville, Colorado
Phone:
303-665-9845
Fax:
303-665-9847
Email:

Jenifer is dedicated IP, IT and data privacy attorney who has experience from both litigation and transactional perspectives. Her practice, while focusing on data privacy, information protection, and commercial transactions in consumer technology, digital health, and cannabis research, includes IP protection and enforcement, including patents, trade secrets, trademarks, data, and copyrights. Jenifer has litigated cases before federal, state, and government agency courts, as well negotiated specialized and multi-layered IT transactions, including SaaS licensing, Cloud service agreements, R&D Agreements, NDA's and Data Processing Agreements, among others.

Jenifer provides companies with in-depth, practical strategies for meeting regulatory obligations while concurrently building and maintaining public trust and advancing innovative models for research and delivery. She's managed several aspects of global privacy programs, including implementing and leading privacy assessments, providing product strategy and counseling, and negotiating vendor and partner agreements. Jenifer regularly advises and writes on proposed regulatory and legislative changes impacting Adtech, Health-Tech, and other technology environments and writes often on data privacy and governance, and legislative impacts of local and international regulations. Jenifer is currently heading up the firm's Data, Privacy, and Security practice.

Jenifer is well known for approaching her clients' issues creatively, strategically and passionately. She has experience in all stages of litigation, from initial, confidential investigations through mediation and trial. Jenifer's practice also includes all things transactional, from IP risks associated with open source products to the impending impact of the GDRP, CCPA, Federal and Colorado privacy laws on her clients' ability to do business at home and abroad.

Before her time here at Thomas P. Howard, Jenifer was in-house counsel for NYStaff Search, serving as both counsel to the CEO and DPO as changes in the online landscape proceeded to impact business and expansion considerations. Prior to her time in-house, Jenifer practiced in North Carolina, wrote legal articles for Bloomberg Legal, litigated extensively in New York for firms such a Greenberg Traurig, and clerked in the Eastern District of Texas.

Jenifer's community and professional activities include her service on her children's Elementary School PTA, membership in IAPP, Member of the Colorado Bar Technology Board, as well as Mentor and Group Leader for the Colorado section of the IP Inn of Court.

Jenifer's practice has included:

  • Data Impact Assessments for clients ramping up for implementation of the California Consumer Privacy Act on January 1, 2020;
  • HIPAA and Colorado Data Breach and Protection compliance assessments for local healthcare providers;
  • InfoTech and AdTech compliance assessments for cannabis clients;
  • Global corporate Impact and Compliance Assessments concerning GDPR, CCPA and CO Data and Privacy laws (as well as GLBA & HIPAA) on data retention, protection, maintenance, reporting and compliance issues;
  • Arbitrations before the AAA in Denver and New York, including pharmaceutical licensing disputes, trademark licensing and development disputes and supply chain agreements between foreign and domestic clients and foreign and domestic companies;
  • Litigation for an HGH foreign manufacturer from a (former) 35 U.S.C. §146 Interference proceeding before the USPTO, to the appeal of that proceeding in the District Court before the Honorable Judge Sue Robinson, to its eventual appeal before the Federal Circuit;
  • Successfully enforcing trademarks for luxury goods, including watches, handbags and skin care;
  • Successfully enforcing trademarks for various consumer goods, including Cartier, Mary Kay, Pantene and Reynolds Wrap;
  • Successfully obtained summary judgement against trademark infringer for client in the PR and advertising space;
  • Successfully investigated, filed, argued and obtained ex-parte TRO's against counterfeit good in both the C.D. and N.D. of California;
  • Managed and implemented large traditional and e-discovery projects for pharmaceutical, aviation, software, IT, data and medical device patent litigation;
  • Prosecution of a number of trademark applications and oppositions;
  • Branding initiatives and IP protection;
  • Copyright filings for art, literature and computer code; and
  • IP and Data assessments, including due diligence and economic valuation and transfer issues of IP and data assets in M&A, including open source software and sponsored research assets.

Areas of Practice

  • Intellectual Property Litigation
  • Copyright Registration and Enforcement
  • Compliance with regulations including GDPR, CCPA, HIPAA/HITECH, and COPPA, from data access requests to security breach response and notification
  • Data use partnerships, vendor and service agreement
  • Data use and privacy risks in product and mobile app development
  • Licensing and Protection of Intellectual Property
  • Trade Secrets and comprehensive NDA agreements
  • Trademark Registration
  • Commercial Business Litigation and Appeals

Bar Admissions

  • Texas
  • New York
  • U.S. District Court Eastern District of Texas
  • U.S. District Court District of Colorado
  • Colorado

Education

  • Baylor University School of Law, Waco, Texas
    • J.D. - 2000
    • Honors: Dean's List
  • ASU
    • B.S., Bachelor of Science - 1996
    • Honors: Dean's List
    • Major: Chemistry & Biology

Office Locations

Thomas P. Howard, LLC
842 West South Boulder Road, Suite 100
Louisville, CO 80027
Phone: 303-665-9845
E-mail: [email protected]
Fax: 303-665-9847
Map and Directions

Thomas Howard is an experienced trial lawyer practicing with an emphasis in intellectual property disputes (including copyright, trademark, trade dress, trade secret, Web site infringements and other Internet-related disputes) as well as complex civil litigation (including breach of contract, interference with contract, breach of fiduciary duty, conspiracy, fraud, fraudulent transfer, trespass, negligence and nuisance).
In addition to representing clients involved in litigation, Thomas Howard frequently negotiates and drafts intellectual property-related agreements, including nondisclosure and license agreements. He has drafted and negotiated such agreements on behalf of his clients with parties as diverse as Microsoft, Best Buy, Phillips and Hyperion. MORE