Paul B. Sudentas

Paul Sudentas
  1. People /

Paul B. Sudentas

Paul B. Sudentas

Associate

Paul Sudentas
  1. People /

Paul B. Sudentas

Paul B. Sudentas

Associate

Paul B. Sudentas

Associate

New York

T: +1 212 541 2009

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Biography

Paul Sudentas is an associate in the firm’s New York office. Paul’s practice is focused on building and maintaining relationships with emerging and established companies in a variety of industries, such as healthcare, life sciences, technology, manufacturing, retail, food and beverage products, marketing and advertising, equipment, and consumer goods. He regularly advises clients on a variety of transactions, including Software as a Service (SaaS) agreements, NDAs, pre-clinical/clinical study agreements, supply agreements, distribution agreements, confidentiality agreements, third-party manufacturing agreements, staffing supplier agreements, and licensing agreements as well as primary business deals of start-up companies and M&A transactions.

Paul also advises clients on data privacy and security matters including applicability of U.S.-based states laws, such as the California Consumer Privacy Act, and works with clients to develop and navigate complex data privacy and security regimes.

In addition, Paul has experience representing clients in complex, high-stakes intellectual property litigations from pre-suit due diligence through appeals as well as post-grant proceedings before the U.S. Patent and Trademark Office.  He has represented companies of all sizes from start-ups to international corporations in the pharmaceutical, medical device, and chemical industries, among others.

Before entering law school, Paul was a research coordinator for pre-clinical and clinical studies on tuberous sclerosis complex at Harvard’s Brigham & Women’s Hospital.

Civic Involvement & Honors

  • Adjunct Professor of Law, Business Transactions in Healthcare, Maurice A. Deane School of Law at Hofstra University (2024)
  • Faculty, Foundational Lawyering Skills, Maurice A. Deane School of Law at Hofstra University (2015-2018)
  • Top ANDA Litigators in 2020, ANDA Litigation Intelligence Report, prepared by Patexia Data Science Team
  • Named, “New York Metro Rising Star,” Super Lawyers (2015-2018)
  • Board Member, St. Patrick School – Smithtown, New York (2019-2021)
  • Sports Coordinator, St. Patrick School – Smithtown, New York (2021- Present)
  • Board Member, St. James Smithtown Little League (2018-2020)

Professional Affiliations

  • Member, New York Intellectual Property Law Association

Admissions

  • New York, 2009
  • New Jersey, 2008
  • U.S. District Court, Eastern District of New York
  • U.S. District Court, Southern District of New York
  • U.S. District Court, District of New Jersey
  • U.S. Court of Appeals, Federal Circuit

Education

  • Hofstra University, J.D., 2008
  • Roger Williams University, B.S., magna cum laude, 2003

Experience

Select Healthcare and Life Sciences Industry Experience

  • Agreements relating to pre-clinical studies such as animal testing and drug / product supply agreements
  • NDAs with research organizations (pre-clinical and clinical)
  • IP license agreements relating to proprietary products for use in medicinal products (OTC)
  • Third-party manufacturing agreements for production of medical product components.

Select Technology Transactional Experience

  • Cloud computing
  • SaaS other XaaS subscription and implementation and support arrangements
  • Hosting arrangements
  • Software licensing

Select Other Experience

  • Advised clients on FDA regulations for pharmaceutical drug development (branded and generic drug products)
  • Serves as data privacy specialist in M&A transactions
  • Advises clients on data privacy matters including applicability of the CCPA and newly enacted privacy laws
  • Advises clients on myriad transactional matters including: confidentiality agreements; staffing supplier agreements; lease and equipment agreements; supply, distribution and manufacturing agreements; event arrangements; franchise agreements; services agreements; publication agreements; and license agreements.

Resources

Speaking Engagements

  • Presenter, “Fact Witness Depositions—The Basics of Fact Witness Depositions and Preparing to be Deposed,” 3rd Annual International Conference on Intellectual Property, India, November 2018
  • Panelist, “Mastering the Use of Experts in Parallel Proceedings,” 12th Annual ACI Paragraph IV Disputes Conference, New York, April 2018.
  • Panelist, “Understanding the Continuing Impact of 101 on Orange Book Listed Method Claims,” 11th Annual ACI Paragraph IV Disputes Conference, New York, April 2017.

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Mar 17, 2021

FTC Says that One Cannot Retain the Fruit of the Tainted Tree

Setting new precedent in the world of data, the FTC has found that the work product of ill-gotten data is no longer retainable by the developer.  On January 11, 2021, the U.S. Federal Trade Commission (FTC) announced that it reached a settlement in its enforcement action against Everalbum, Inc. (“Everalbum”), the developer of the “Ever” photo storage application (In the Matter of Everalbum and Paravision, Commission File No. 1923172).  While the FTC has entered into dozens of such settlements over the prior two decades, the Everalbum settlement is unique as it appears to be the first settlement in which the FTC has required the deletion of intellectual property developed using data obtained in violation of the Federal Trade Commission Act (Act), in addition to the data itself.  In particular, and in addition to requirements commonly seen in other FTC settlements (including broad notice, consent, and deletion requirements), the Everalbum settlement requires that Everalbum delete all “Affected Work Product,” defined as “any models or algorithms developed in whole or in part using Biometric Information [Everalbum] collected from Used of the ‘Ever’ mobile application.”  This settlement is likely to cause greater scrutiny of data subject consents and the collection of biometric information, and potentially impacts the collection of other sensitive personal information as well.

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Setting new precedent in the world of data, the FTC has found that the work product of ill-gotten data is no longer retainable by the developer.  On January 11, 2021, the U.S. Federal Trade Commission (FTC) announced that it reached a settlement in its enforcement action against Everalbum, Inc. (“Everalbum”), the developer of the “Ever” photo storage application (In the Matter of Everalbum and Paravision, Commission File No. 1923172).  While the FTC has entered into dozens of such settlements over the prior two decades, the Everalbum settlement is unique as it appears to be the first settlement in which the FTC has required the deletion of intellectual property developed using data obtained in violation of the Federal Trade Commission Act (Act), in addition to the data itself.  In particular, and in addition to requirements commonly seen in other FTC settlements (including broad notice, consent, and deletion requirements), the Everalbum settlement requires that Everalbum delete all “Affected Work Product,” defined as “any models or algorithms developed in whole or in part using Biometric Information [Everalbum] collected from Used of the ‘Ever’ mobile application.”  This settlement is likely to cause greater scrutiny of data subject consents and the collection of biometric information, and potentially impacts the collection of other sensitive personal information as well.