Mr. Jackson represents software developers and distributors, new media companies, Internet service and content providers and users of Internet-based products and services. His technology-based practice includes negotiating and drafting of software license and software development agreements, information technology outsourcing and services agreements, software distribution agreements and technology transfer agreements.
He has litigated and tried major cases over the course of more than 35 years. He has tried and litigated proceedings in the federal and state courts and before administrative agencies and tribunals and has handled litigations, alternative dispute resolution proceedings and settlements in the areas of mergers and acquisitions, employer liability, taxation, securities law and copyright and trademark law, as well as cases involving computer software acquisitions, licensing, copyright and royalties disputes, Internet-related trademark and domain name disputes and other areas of the information technology field.
Mr. Jackson has been honored by Super Lawyers in their Metro New York Edition in 2015, 2016 and 2017. He has also been recognized by AVENUE Magazine as one of New York City’s top litigation attorneys. In 2012 and 2013, he was selected as one of New York’s Top Rated Lawyers and in 2013 as one of the Top Rated Lawyers in Commercial Litigation Law nationally by American Lawyer Media, the nation’s largest publisher of legal media, in conjunction with LexisNexis Martindale-Hubbell, the information services company to the legal profession and publisher of the Martindale-Hubbell Legal Directory.
Mr. Jackson is counsel to a non-profit organization established as a public policy forum on information security issues, a large trade association and a prominent software company.
He advises clients on electronic discovery issues and writes and speaks on the subjects of e-discovery, data and privacy protection and cloud security. He co-authored the article, “E is Key - Electronic Discovery,” which was published in The New York Law Journal, and has spoken and written on other subjects including the chapter “U.S. Antitrust and Intellectual Property in Mergers and Acquisitions” in the book, Intellectual Property Assets in Mergers and Acquisitions .
Mr. Jackson has participated in panels on the subjects of “Legal and Privacy Considerations in the Cloud” at the RSA Conference 2010 and “Cloud Computing Privacy and Security” at the RSA Conference 2011. He was also a member of the Shaping the Future of Cybersecurity Education workshop Cybersecurity Financial Management Panel at the Second Annual National Initiative for Cybersecurity Education hosted by the National Institute of Standards and participated on a Congressional panel on cybersecurity.
He served as a task group leader of the American National Standards Institute Homeland Security Standards Panel and Internet Security Alliance joint initiative on the Financial Impact of Cyber Risk and was an editor and contributor to the chapter “A Framework for Managing Legal and Compliance Issues” in the publication, The Financial Impact of Cyber Risk: An Implementation Framework for CFOs. Mr. Jackson was also a contributor to The Financial Impact of Breached Protected Health Information: A Business Case for Enhanced PHI Securitypublished by the American National Standards Institute in conjunction with The Santa Fe Group/Shared Assessments Program Healthcare Working Group and the Internet Security Alliance.
Mr. Jackson also spoke and participated in a panel at the IQPC 2nd eDiscovery for Financial Services Conference in New York City on the subject “Cross Border Discovery Issues and the Conflict between U.S. e-Discovery Rules and the EU Data Protection Directive and National Privacy Laws of the EU States” and he was one of the principal speakers at the CanApple New Media Forum in New York City hosted by the Consulate General of Canada and has been a participant in the European Lawyers Union Annual Conference on Technology and Communications.
Mr. Jackson is
•a member of the Information Security, Privacy and Computer Crime and Law and E-Discovery and Digital Evidence Committees, and the Social Media Committee of the American Bar Association Section of Science and Technology;
•a member of the Communications and Digital Technology Industries and Information Security Committees of the American Bar Association Section of Antitrust Law;
•a member of the Antitrust Litigation, Commercial and Business Litigation, Intellectual Property Litigation and Pretrial Practice and Discovery Committees of the American Bar Association Section of Litigation;
•a member of the IP Licensing and Software Technology Committees of the American Bar Association Section of Intellectual Property Law.
•a member of the Trademarks and Unfair Competition Committee of the New York City Bar Association and a past member of its Information Technology Law Committee and its Committee on Antitrust and Trade Regulation;
•a member of the Mercy College Mathematics, Computer Science and Cybersecurity Advisory Board; and
•a former member of the Committee on Second Circuit Courts of the Federal Bar Council and past chair of its Subcommittee on Technology in the Courts.
He is also a member of the Panel of Arbitrators of the American Arbitration Association Commercial Tribunal and has served as an arbitrator in various commercial matters.
Representative Conferences, Symposia & Workshops
•NIST Second Annual National Initiative for Cybersecurity Education, Shaping the Future of Cybersecurity Education Workshop, Cybersecurity Financial Management Panel (Gaithersburg, Maryland, September 21, 2011)
•RSA 2011 Conference “The Adventures of Alice and Bob” (San Francisco, February 14 - 18, 2011)
•RSA 2010 Conference “Security Decoded” (San Francisco, March 1 - 5, 2010)
•ISA-ANSI Cybersecurity Workshop Cyber Risk Phase II Workshop IV (New York, December 10, 2009)
•ANSI-HSSP Eighth Annual Plenary Meeting (Washington, DC, October 21, 2009)
•ISA-ANSI Cybersecurity Workshop Cyber Risk Phase II Workshop III (New York, September 29, 2009)
•IQPC 2nd eDiscovery for Financial Services Conference (New York, February 25 - 27, 2009)
Peer Review Rating
AV Preeminent Rated by Martindale-Hubbell
•Super Lawyers - Metro New York Edition (Technology Transactions) (2015 - 2017)
•Selected in 2012 and 2013 as one of the New York’s Top Rated Lawyers and in 2013 as one of the Top Rated Lawyers in Commercial Litigation Law nationally by American Lawyer Media and LexisNexis Martindale-Hubbell
•Recognized as one of New York City’s top litigation attorneys by AVENUE Magazine
News & Publications
•Media - Thomas Jackson, Chair of the Technology Practice, quoted by Law360 in Apple's Facebook, Google App Bans Shake Up Privacy Fight. The article reports on Apple's recent block of an internal marketing research app Facebook and Google distributed to consumers, including minors. (Subscription required)
•iPhillipsNizer: Where intellectual property and business law intersect with industry (Winter 2019) A publication of the Intellectual Property Practice
•Media - D/SRUPTION quotes Thomas Jackson in The Behavioural Data Dilemma: Companies are under pressure to behave with behavioural data (December 18, 2018)
...Numerous high profile businesses have been criticised for misusing information. Only this month, Google was forced to admit that a bug in the Google+ API had allowed third party app developers to access not only the data of consenting Google+ users, but also of their friends. Google failed to conduct good data practice, which is damning enough. On top of that, the company found out about the bug in March and kept it under wraps until the Wall Street Journal called them out. According to Thomas Jackson, partner at Phillips Nizer LLP and technology law expert, Google hid the discovery to avoid being compared with the Facebook Cambridge Analytica scandal.
There are differences, of course...Much of the outrage following the Cambridge Analytica episode resulted from the fact that a personality test was used to collect personal data which, unbeknownst to Facebook users, gave a third party access to their personal information, and was collected for use in a political campaign. In Google’s case, what actual use was made of the data by outside developers, at least at this point, apparently is unknown. Undoubtedly it will prove to be far worse for Google that it chose to cover up what it had learned rather than disclose it in timely fashion and announce what steps it had taken to prevent the problem from occurring in the future.”
•Thomas Jackson, chair of the technology practice, quoted in an article in TechNewsWorld about Quora data breach Read the article
Tomaddresses the breach of the Quora question-and-answer website that exposed the names, e-mail addresses, hashed passwords and non-public content of over 100,000 users, including messages and answer sent privately to other users.
Since this is a knowledge-sharing platform, one of the risks of an incident like this is it could deter people from engaging in that kind of activity, which is productive and useful...In the Quora case, the main issue is going to be the willingness of inviduals to contribute going forward. Will it have a negative effect on postings and new signups?
•Law360 quotes Thomas Jackson, Chair of Phillips Nizer's Technology Practice, in the article “Ohio's Data Security Law To Test Incentive-Driven Strategy” published on November 21, 2018
The article concerns the effect of the incentive-based approach taken in the Ohio Data Protection Act on businesses in regulating data privacy and the likelihood that it will succeed in reducing the risk of data breaches exposing personal information. Tom's quote:
While the Ohio Data Protection Act does not alleviate the difficulties in businesses complying with a patchwork of laws that, in some cases, are inconsistent with one another, it does point the way to a more sensible regulatory approach.
Law 360 subscribers, read the article here .
The article addresses the effect of the Democratic takeover of the majority in the House of Representatives on privacy and cybersecurity initiatives in Congress. Tom's quote:
For the most part, cybersecurity initiatives have been a bipartisan effort...That said, we are likely to see renewed efforts geared towards the passage of legislation to increase federal and state defenses against election meddling. The Secure Elections Act had bipartisan support but didn't get very far.
Law360 subscribers, read the article here .
•Accolade - Thomas Jackson, Chair of the Technology Practice, named to the Mathematics, Computer Science and Cybersecurity Advisory Board at Mercy College.
The board is charged with assessing best practices and market needs in the technology field and offering guidance for the college’s academic programs in aligning curricula with the needs of the private sector. Mercy College is designated as a National Center of Academic Excellence in Information Assurance Education by the National Security Agency and the Department of Homeland Security.
•iPhillipsNizer: Where intellectual property and business law intersect with industry (Summer 2018; inaugural issue)
•Intellectual Property Magazine published Seeking Approval, an article written by Technology Practice chairman, Thomas Jackson, in its June 2018 issue about the harvesting of data gathered from as many as 87 million Facebook user profiles by the former data mining firm Cambridge Analytica.
What attracted so much ire in response to the Cambridge Analytica episode was not only that collected personal data of as many as 87m Facebook users in the US but also the nature of the data that was collected and how it was used.
The data was harvested using a personality test that, unbeknown to the Facebook users who took the test, not only gave a third-party access to their personal information but also the personal information of their friends for use in a political campaign.
•Media - Thomas Jackson, Chair of the Technology Practice, is quoted by Law360 in the article, 5 Areas Of GDPR Compliance Where Member States Diverge about the differences among the EU member states in implementing the EU General Data Protection Regulation (GDPR) that took effect on May 25.
The questions that need to be addressed are the degree of voluntariness that is associated with entering into an employment relationship and whether consent for data processing given at that time is both sufficient in that context and whether it's sufficient to carry out future processing
Law360 subscribers, read the article here .
• Media - eWeek, a definitive news source for the tech industry quotes Thomas Jackson, chair of the Technology Practice, in the article, Facebook Data Breach Brings Demands for Social Media Regulation.
eWeek highlights the recently reported misappropriated Facebook data by Cambridge Analytica, the Federal Trade Commission’s investigation of the social media network, and ongoing discussion surrounding consumer privacy and data protection.
•Media - Law360 quotes partner and head of Technology Practice, Thomas Tom Jackson, in the article, “EU Privacy Shield Gets Good Marks, For Now,” published on October 19, 2017
Two years ago, the Court of Justice of the European Union found that the agreement between the U.S. and EU known as the Safe Harbor framework, under which personal data could be transmitted outside the EU, did not offer adequate protection, and was therefore invalid. The EU-U.S. Privacy Shield framework, which was accepted by the EU last year, is intended to provide greater protection for the personal data of EU citizens exported to the U.S. Today, Google, Facebook, Microsoft and over 2,400 other major companies rely upon the protection that certification under the Privacy Shield affords them in processing the personal information of EU citizens in the U.S. Last week, the European Commission published the first annual report on how well the Privacy Shield is working.
The [European Commission's] recommendations will do little or nothing to assuage the concerns of privacy advocates that the [Shield's] privacy safeguards are inadequate
Law360 subscribers, read the article here .
•Super Lawyers (2017)
It was announced on September 20, 2017, that sixteen Phillips Nizer attorneys were selected for inclusion on the 2017 Super Lawyers list. Alternative Dispute Resolution, Banking, Business Litigation, Entertainment, Intellectual Property, and Trusts & Estates practices were represented.
•Super Lawyers (2016)
On September 21, 2016 it was announced by Super Lawyers that twenty-three Phillips Nizer attorney were selected for inclusion on the 2016 Super Lawyers and 'Rising Stars' lists. This is the second consecutive year the firm has had twenty-three lawyers recognized.
•Super Lawyers (2015)
Phillips Nizer was honored to announce that twenty-three of its attorneys were recognized as 2015 Super Lawyers and Rising Stars. Attorneys who were recognized represented over a dozen practice areas. The annual Super Lawyers lists are a result of confidential peer review and independent research.
•SEC Issues Report Concerning Use of Social Media By Public Companies to Disclose Material Information
•Securities Law Alert - SEC Staff Issues Disclosure Guidance Concerning Cybersecurity
•Trademark and Technology Law Alert - Protecting Your Trademark: Preventing the Use of A Registered Trademark in a .xxx Domain Name
•Technology & Insurance Law Alert - Insurance Coverage for Cyber Attacks
•American Bar Association
•Federal Bar Council
•New York City Bar Association
Foreign Language Competencies:
You should not send any sensitive or confidential information through this site. Emails sent through this site do not create an attorney-client relationship and may not be treated as privileged or confidential. The lawyer or law firm you are contacting is not required to, and may choose not to, accept you as a client. The Internet is not necessarily secure and emails sent though this site could be intercepted or read by third parties.