Andrew B. Stockment

Andrew B. Stockment

Overview

Andrew Stockment focuses his practice on corporate and business law, intellectual property and technology, and cybersecurity and data privacy. He advises clients regarding the preparation and negotiation of contracts and the formation, operation, purchase, finance, and sale of businesses and non-profit organizations. Andrew enjoys working with startups and established companies to form and grow their businesses and develop, protect, and license their intellectual property and technology assets. Andrew counsels clients regarding information governance and data security and privacy issues, and he assists organizations with cybersecurity incident response and data breach notification compliance.

Andrew regularly publishes and speaks on intellectual property, technology, and cybersecurity issues, and he has been selected to the 2013-2020 Virginia Rising Stars lists by Super Lawyers and the 2019 "Legal Elite" list by Virginia Business magazine, and he has received the Sandra P. Thompson Award from The Virginia Bar Association (VBA) Young Lawyers Division (the VBA YLD's highest honor) for "outstanding work and long-term service". He currently serves on the VBA Intellectual Property and Information Technology Law Section Council, and he previously served as Chair of the VBA Young Lawyers Division and as a member of the VBA Board of Governors.

Before becoming an attorney, Andrew worked as a software engineer for a publicly traded healthcare information technology company and owned a website development business for several years. He graduated from the University of Virginia School of Law, where he served on the Editorial Board of the Virginia Law Review and the Managing Board of the Virginia Journal of Social Policy & the Law.

Andrew is married to Martha Montague Stockment, a Charlottesville native. They are active members of Trinity Presbyterian Church and enjoy spending time with their two children, hiking, and watching University of Virginia Men's Basketball.

Experience

Intellectual Property and Technology
  • Drafted and negotiated a wide range of licenses and agreements related to intellectual property, technology, and e-commerce, including software development agreements, copyright, trademark, patent, and trade secret licenses, joint venture agreements, and strategic alliances
  • Advised clients regarding a full spectrum of software licensing agreements and strategies, including:
    • fully negotiated commercial software license agreements,
    • software support and maintenance agreements,
    • clickwrap licenses and other online contracts,
    • software as a service (SaaS) agreements,
    • cloud services agreements,
    • open source licensing (including parallel OSS and commercial licensing models),
    • end user license agreements (EULAs), and
    • beta tester agreements
  • Drafted website terms of use, privacy policies, acceptable use policies, and EULAs for numerous websites and mobile apps (including iOS apps and Android apps), including both interactive and non-interactive websites, online stores, Internet-based communication services, data analytics services, subscription-based online training platforms, and websites for professional service providers, businesses, and individuals
  • Represented clients in the negotiation and drafting of intellectual property license agreements, including IP agreements with Fortune 500 and multinational corporations
  • Filed numerous federal, state, and international trademark registration applications and represented clients in trademark opposition and cancellation proceedings before the U.S. Patent and Trademark Office (USPTO)
  • Filed numerous responses to USPTO Office Actions to overcome initial refusals to register trademarks, including refusals on the basis that the mark creates a likelihood of confusion with another business's trademark or on the basis that the mark is "merely descriptive"
  • Assisted and advised clients with the protection of their intellectual property rights against infringement by third parties and the resolution of IP disputes, including:
    • Sending trademark and copyright infringement cease and desist demand letters,
    • Sending DMCA takedown notices,
    • Assisting with the removal of infringing content from Facebook and other social media platforms,
    • Assisting with the removal of infringing products from Amazon, Etsy, and other online shopping platforms, and
    • Negotiating settlement agreements
  • Guided clients regarding responding to third party IP infringement claims, including:
    • Responding to copyright and trademark infringement cease and desist letters,
    • Sending DMCA counter notifications,
    • Assisting with the restoration of content wrongly removed from Facebook and other social media platforms, and
    • Assisting with the restoration of product listings wrongly removed from Amazon, Etsy, Shopify, Wish, and other online shopping platforms
  • Represented clients in intellectual property infringement lawsuits
  • Guided clients through the creation and management of virtual data rooms
Cybersecurity and Data Privacy
  • Advised clients regarding data security and privacy issues, including:
    • information governance,
    • data privacy best practices and privacy by design,
    • cybersecurity best practices,
    • security incident response, and
    • data breach obligations and liability
  • Guided clients through the data breach notification process, including compliance with the patchwork of state and federal data breach laws
  • Advised clients regarding compliance with a wide range of data privacy and data security laws and regulations, including:
    • the California Consumer Privacy Act (CCPA);
    • the California Online Privacy Protection Act (CalOPPA);
    • California’s "Shine the Light" Law;
    • the CAN-SPAM Act;
    • the Children’s Online Privacy Protection Act (COPPA);
    • Federal Trade Commission Act, Section 5 (prohibiting unfair or deceptive acts or practices in or affecting commerce);
    • the Health Insurance Portability and Accountability Act (HIPAA) (and implementing HHS regulations—the Privacy Rule and the Security Rule);
    • the Health Information Technology for Economic and Clinical Health Act (HITECH Act); and
    • the EU General Data Protection Regulation (GDPR) (and the former EU Data Protection Directive (Directive 95/46/EC)), the EU-U.S. Privacy Shield (and the former US-EU Safe Harbor), and the Swiss-U.S. Privacy Shield
Business and Corporate
  • Advised and assisted numerous clients with the formation of new business entities and the restructuring of existing businesses, including preparation of critical internal and external contracts
  • Served as securities counsel for private placements and associated federal and state securities filings (Regulation D and blue sky) related to capital formation, including a multi-round $53,000,000 private equity financing
  • Guided clients through mergers and acquisitions in a variety of industries
  • Counseled clients regarding the formation of non-profit organizations and obtaining 501(c)(3) tax exempt status
  • Represented clients in the negotiation and drafting of real property and asset purchase agreements for a wide variety of businesses and industries, including online education providers, software developers, restaurants, hotel franchises, apartment buildings, newspaper publishers, bowling alleys, petroleum energy distributors, and others
  • Drafted employment agreements, independent contractor agreements, confidentiality and non-disclosure agreements (NDAs), and other restrictive covenants for employers and business owners
  • Advised clients regarding franchise agreements
  • Negotiated and drafted commercial leases, office sharing agreements, and parking lot license agreements for numerous clients, including leases for restaurants, medical and dental practices, and fitness facilities
Other Experience
  • Danville Circuit Court, Judicial Law Clerk to Hon. Joseph W. Milam, Jr. and David A. Melesco, 2009 – 2010
  • Cerner Corporation, Software Engineer, 2004 – 2006
  • Webography Designs, Web Developer, Consultant, Owner, 2002 – 2006

Admissions

  • Virginia
  • U.S. District Court for the Eastern District of Virginia
  • U.S. District Court for the Western District of Virginia

Recognitions

  • Selected to “Virginia Rising Stars,” Intellectual Property, Super Lawyers Magazine, Thomson Reuters, 2013 – 2020
  • Selected to “Legal Elite,” Young Lawyers, Virginia Business, 2019
  • Recipient, Sandra P. Thompson Award, The Virginia Bar Association Young Lawyers Division, 2019 (the VBA YLD's highest honor, awarded for “outstanding work and long-term service”)
  • Recipient, Emerson G. Spies Award, The Virginia Bar Association Young Lawyers Division, 2012 (awarded for “enthusiasm, loyalty and dedication” to the work of the VBA)

Publications

Professional Involvement
  • The Virginia Bar Association
    • Intellectual Property and Information Technology Law Section Council
      • Council Member (2017 – Present)
      • Young Lawyers Division Representative (2012 – 2017)
    • Board of Governors (2017 – 2019)
      • Executive Committee (2018 – 2019)
    • Young Lawyers Division
      • Immediate Past Chair (2019 – 2020)
      • Chair (2018 – 2019)
      • Chair-Elect (2017 – 2018)
      • Secretary-Treasurer (2016 – 2017)
      • Executive Board (2014 – 2020)
      • ABA Awards of Achievement Committee, Co-Chair (2015 – 2016)
      • Communications/Publicity Committee, Chair (2012 – 2015)
      • Opening Statement, Editor-in-Chief (2012 – 2015)
    • Governance Committee, Young Lawyers Division Representative (2019 – 2020)
    • Finance & Audit Committee, Young Lawyers Division Representative (2018 – 2019)
    • Law Practice Management Division Executive Council, Young Lawyers Division Representative (2014 – 2016)
    • Communications Task Force, Secretary (2011 – 2012)
  • American Bar Association
    • Section of Intellectual Property Law
      • Information Technology Committee
      • IP Transactions & Licensing Committee
    • Business Law Section
      • Cyberspace Law Committee
        • Cybersecurity Subcommittee
  • Virginia State Bar
  • Charlottesville Albemarle Bar Association
    • Communications & Website Committee (2015 – 2017)
  • International Association of Privacy Professionals (IAPP)
Community Involvement
  • Community Investment Collaborative (CIC)
    • Business Resource Fair Volunteer (2015 – Present)
  • Charlottesville Business Innovation Council
    • Membership Committee (2013 – 2014)
  • Danville Area Crop Hunger Walk
    • Logistics Committee Co-Chair (2011 & 2012)
  • Charlottesville Abundant Life Ministries
  • National Eagle Scout Association

News

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Practice Areas
Business Counseling
Trademarks, Technology & Intellectual Property
Cybersecurity and Data Privacy
Intellectual Property Litigation
Mergers and Acquisitions
Securities and Private Equity
Education

University of Virginia School of Law
Charlottesville, Virginia
J.D., 2009

Virginia Law Review, Editorial Board
Virginia Journal of Social Policy & the Law, Managing Board

Florida State University
Tallahassee, Florida
B.S., magna cum laude, Phi Beta Kappa, Management Information Systems and Political Science, 2004

Highlighted Recognitions

Andrew B. Stockment - Rated by Super Lawyers