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Rich Spilde

Partner

1800 Broadway, Suite 300, Boulder, CO 80302

Rich focuses on technology, outsourcing and offshoring, telecom transactions, and data security matters.

He represents clients in a variety of industries, including financial services, healthcare, manufacturing, media and entertainment, natural resources, and software.

Having served as in-house counsel for a large communications company, Rich truly appreciates the challenges and opportunities clients face to exploit and preserve the value of their technology assets in a rapidly evolving environment. He delivers sophisticated, practical advice to help his clients identify issues and structure technology transactions that manage their risk, protect their intellectual property, and meet their overall strategic objectives.

As a Certified Information Privacy Professional through the International Association of Privacy Professionals (IAPP), he is also at the forefront of privacy and data security developments and best practices.

Experience

Technology Transactions and Licensing
  • IP And technology development, licensing, and distribution transactions
  • Multi-media, e-commerce, and licensing agreements, including advertising and affiliate agreements, strategic alliances, website and app development, ASP, SaaS and cloud services agreements, and professional services agreements
  • Content and data license agreements, software license and subscription agreements, support and maintenance agreements, and clickwrap and shrinkwrap agreements
  • OEM, product and service distribution, and reseller agreements, joint venture agreements, independent contractor and consulting agreements, and non-disclosure and confidentiality agreements
  • Trade secrets and intellectual property development license and transfer agreements, technology transfer agreements, marketing agreements, co-branding agreements, and network site license agreements
  • Open source software
Data Security and Privacy
  • Advice and counseling on matters related to the Cable Communications Policy Act, PCI-DSS, PA-DSS, COPPA, the EU Data Directive, data collection and data warehousing, management and audit of service providers, and individual state data protection and breach notification laws
  • Terms of Service and Use, Privacy Policies, and EULAs 
  • Support on data security matters in day-to-day operations and as these arise in transactions
  • Evaluation of existing processes governing data security, data breach response, and remediation 
  • Drafts policies, protocols, and practices tailored to address the privacy and security needs of individual clients
Outsourcing and Technology Procurement
  • Initial RFP planning, vendor selection, contract structuring, and negotiation of complex business process and information technology sourcing transactions, including:
    • Help desk and call center services
    • HR, payroll, and payment processing services
    • Information technology solutions and services
    • Managed services
    • Gainsharing
Telecommunications Services
  • Draft and negotiate wholesale and enterprise telecommunications services and infrastructure transactions, including agreements involving:
    • Colocation, data center, and cloud services
    • Local access and network services 
    • Network services 
    • Private line, transport, and wavelength services
    • Telecommunications facilities and infrastructure
  • Extensive experience structuring transactions using conduit, fiber optic, and submarine cable indefeasible rights of use, and matters involving access to rights of way for the installation and operation of telecommunications facilities
Financial Services
  • Payment processing and related services transactions with merchant banks, payment processors, and the payment brands

News

Speaking Engagements

Education

Bar Admissions

Recognition

  • International Association of Privacy Professionals, Certified Information Privacy Professional (CIPP)

Professional and Civic Affiliations

  • American Bar Association, Member 
  • Colorado Bar Association, Member 
  • International Association of Privacy Professionals, Member
  • Open Fairways, Board of Directors, 2008-2009 
  • Outdoor Industry Association, Member 
  • Volunteers of America
  • National Cybersecurity Center
  • Colorado State University Rams JD Steering Committee, Member 2015-present
DISCLAIMER

Unless you are a current client of Holland & Hart LLP, please do not send any confidential information by email. If you are not a current client and send an email to an individual at Holland & Hart LLP, you acknowledge that we have no obligation to maintain the confidentiality of any information you submit to us, unless we have already agreed to represent you or we later agree to do so. Thus, we may represent a party adverse to you, even if the information you submit to us could be used against you in a matter, and even if you submitted it in a good faith effort to retain us.