Wai L. Choy

As a corporate associate in the Technology, Media & Telecommunications Group, Wai Choy focuses his practice on technology, media and intellectual property-related transactions and counseling in a wide range of fields, including the technology, entertainment, social and new media, advertising, e-commerce, retail and professional services industries.

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For example, Wai structures, drafts, negotiates and advises clients on legal and business aspects of:

  • Service agreements, statements of work and service level agreements for a variety of services, including software as a service (SaaS) and other hosted services, data analytics, custom development of websites, software and content, systems integration and technology implementation, email and text message marketing, payment processing and outsourcing.
  • Advertising-related agreements spanning digital, radio and billboard media, including programmatic advertising platform agreements, lead generation service agreements, advertising reseller and affiliate agreements, insertion orders and advertising terms and conditions.
  • Software license agreements and other intellectual property license and assignment agreements, including for U.S. and international copyrights, trademarks, trade secrets and patents.
  • Collaboration agreements between strategic partners for the research, development, manufacturing and commercialization of new products and services, including in the virtual reality, augmented reality and motion simulation fields.
  • Video content production, license and distribution agreements covering various business models and distribution methods, including over-the-top (OTT), TV Everywhere, subscription video on demand (SVOD), advertising video on demand (AVOD), transactional video on demand (TVOD) and traditional linear subscription models, whether through the public Internet, IPTV, cable, satellite, broadcast or other technological means.
  • Revenue sharing, joint venture, equipment purchasing and other types of general commercial agreements.
  • Privacy policies, terms of use and end user license agreements for websites, mobile apps and other software. 

Wai also counsels clients regarding:

  • Blockchain and distributed ledger technology development, structuring and implementation, cryptocurrencies and initial coin offerings (ICOs) and associated legal issues.
  • Use of open source code under various permissive and copyleft licensing schemes, including structuring combinations of open source code with proprietary code.
  • Copyright, trademark, trade secret, patent, confidentiality and right of publicity issues.
  • Internet, digital marketing and media-applicable U.S. laws, including the CDA, DMCA, CAN-SPAM Act, COPPA, VPPA and TCPA, and industry standards established by the CTIA, DAA, IAB and NAI.
  • U.S. and international privacy and data security laws and regulations. 

Wai serves as Associate Editor of Proskauer’s Blockchain and the Law blog and has been a guest lecturer on blockchain technology at Fordham University School of Law. As in-house counsel to Proskauer, Wai routinely represents Proskauer in the drafting and negotiation of contracts with providers of technology-related products and services and advises its Information Services Department regarding intellectual property and data security issues.

While in law school, Wai worked in the Business & Legal Affairs departments of Marvel Studios in Los Angeles and Marvel Entertainment in New York on a variety of licensing, film and television production, merchandising and publishing matters. Wai also served as senior editor of the University of Pennsylvania Law Review and co-president of the Entertainment & Sports Law Society.

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