• Kevin M. Moss counsels and represents clients in technology, internet and software-related transactions and licensing, advising them on intellectual property issues, trademark law, copyright law, information technology, and data and privacy law.

    On behalf of clients, Kevin structures, negotiates and drafts technology transactions, including software licensing, development, implementation and support agreements; application service provider agreements; technology, information, network and business process outsourcing agreements; e-commerce and internet-related agreements; intellectual property license agreements; and other technology and intellectual property-rich business and corporate agreements. He regularly counsels clients on the protection, enforcement and registration of trademarks and domain names, including advising clients on worldwide trademark strategy and supervising the maintenance and protection of multinational trademark portfolios.

    Experience

    • Represented a major tri-state area hospital in connection with outsourcing of technology- enabled critical functionality, including related data and privacy concerns.

    • Represented a major provider of software-enabled security and anti-virus applications in connection with data security, HIPAA, and technology and data acquisitions.

    • Represented a major investment brokerage house and bank in connection with numerous hosting and maintenance agreements, technology and data licenses, and development agreements.

    • Represented a technology company in connection with its outsourcing services related to advertising and media spending and related data services to various international media companies.

    • Represented a major international financial institution and bank in connection with outsourcing, data acquisition and processing, and related privacy concerns.

    • Represented a startup technology company in connection with providing outsourcing services to political campaigns and policy organizations by aggregating voter data with social media activity to create a robust, searchable database of influencers and related directed advertising.

    • Represented a Big Four accounting firm in connection with numerous hosting and maintenance agreements, application service provider and licensing transactions, and technology acquisitions.

    • Represented several software development companies in connection with the licensing and custom development of software solutions for mobile phones and PDAs, remote home monitoring, virtual eyewear viewing technology, and software-enabled advertising placement and tracking.

    • Represented a major entertainment company in connection with two separate outsourcing transactions involving the build-out of its satellite-enabled terrestrial repeater network.

    • Represented a major bank in connection with two separate offshore outsourcing transactions involving its IT development and support infrastructure.

    • Represented a major investment broker and bank in an outsourcing transaction involving IMAC, break/fix, network and desktop services.

    • Represented a financial services technology developer and service provider in connection with its acquisition of a wealth management solution from a major bank, and the developer/service provider’s provision of such services as an outsourcer back to the selling bank.

    • Represented a major asset management company in connection with its outsourcing of its infrastructure and technology development and licensing transactions.

    • Represented a major clothing retailer in connection with its outsourcing of its communications network and related build-out and development.

    • Represented numerous other hosting, collocation, maintenance and support agreements on behalf of a diverse client base with various providers, both domestic and foreign.

    • Representing Atlantic Street Capital in its sale of Advancing Eyecare, a  leading provider of ophthalmic instruments, to Cornell Capital. 

    • Represented Sentinel Capital Partners in its acquisition of SPL, a leader in testing, inspection, and certification services for energy and environmental markets.

    • Advised Waterfall Sentinel Fund in its acquisition of Newcleus LLC, a leading provider of employer-owned life insurance and annuity products (with a core focus on bank and credit union institutions), as well as employee benefit design and analysis, compensation consulting and investment strategies. 

    • Represented Paine Schwartz Partners in its acquisition of Kynetec, an agricultural and market research company.

    • Represented SitusAMC in the acquisition of the third-party loan servicing and asset management platform of Cohen Financial from Truist Bank.

    • Represented Paine Schwartz Partners in establishing an animal health & nutrition investment platform, Axiota Animal Health, Inc., with a strategic acquisition in Warburton Technology Limited, a leading producer of trace-mineral injections for cattle.

    • Advised Quad Partners in its investment in The Gardner School, a network of state-of-the-art, academically focused preschools located across the U.S.

    • Advised Stone Point Capital LLC in the acquisition of the majority interest in First Associates Loan Servicing LLC. 

    • Advised Quad Partners in the sale of Rubicon, the provider of Atlas curriculum management, to Faria Education Group Limited, a leading international education systems company.

    • Advised Ten-X, a leading online real estate marketplace, in a recapitalization transaction with a private equity firm.

    • Advising National General Holdings Corp. on insurance and related regulatory issues in connection with its acquisition of Elara Holdings Inc., the parent company of Direct General Corp., a Tennessee-based auto and life insurance company.

    Credentials

    Education

    • J.D., Washington University in St. Louis, 1983
      • Notes and Comments Editor, Journal of Urban and Contemporary Law
    • B.A., University of Missouri at Columbia, 1979

    Bar Admissions

    • New York, 1985

    Court Admissions

    • U.S.D.C., Eastern District of New York
    • U.S.D.C., Southern District of New York

    Professional Affiliations

    • International Association of Privacy Professionals (2014 – present)
    • Intellectual Property Owners Association
      • Intellectual Property Licensing Committee (2006 – present)
      • International Trademark Committee
    • Brand Names Education Foundation (1997 – 2004)
      • Co-chair, Public Education Committee (1999 – 2002)
    • International Trademark Association (1997 – present)
    • New York Intellectual Property Law Association (1998 – present)
      • Chair, IP Transactions Committee (present)
      • Co-chair, Cybersecurity, Data and Privacy Committee (2015 – 2018)
      • Co-chair, Internet and Privacy Law Committee (2012 – 2015)
      • Trade Secrets Committee (2005 – present)
      • Internet Law Committee (2003 – 2005)