Andrew B. Stockment
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 2013-2019 Virginia Rising Stars lists by Super Lawyers and the 2019 "Legal Elite" list by Virginia Business magazine, and he has received the Emerson G. Spies Award from The Virginia Bar Association. He currently serves on the VBA Intellectual Property and Information Technology Law Section Council and he is the Immediate Past Chair of the VBA Young Lawyers Division.
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.
- 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
- 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
- Guided clients through the creation and management of virtual data rooms
- 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
- 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
- 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
- U.S. District Court for the Eastern District of Virginia
- U.S. District Court for the Western District of Virginia
- Selected to “Virginia Rising Stars,” Intellectual Property, Super Lawyers Magazine, Thomson Reuters, 2013 – 2019
- Selected to “Legal Elite,” Young Lawyers, Virginia Business, 2019
- 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)
- The YLD's Bright Future, Opening Statement, Vol. 7, No. 1 (VBA Young Lawyers Division, 2019).
- Opportunity to Advocate, Opening Statement, Vol. 6, No. 4 (VBA Young Lawyers Division, 2018).
- Active and Preparing for the Future, VBA Journal, Fall 2018 (The Virginia Bar Association, 2018).
- Service to the Bar & Public, Opening Statement, Vol. 6, No. 3 (VBA Young Lawyers Division, 2018).
- Sustaining Our Success, Opening Statement, Vol. 6, No. 2 (VBA Young Lawyers Division, 2018).
- Engaging with the Profession, VBA Journal, Spring 2018 (The Virginia Bar Association, 2018).
- Employee Privacy for Personal Social Media Accounts, Opening Statement, Vol. 3, No. 4 (VBA Young Lawyers Division, 2015).
- Clearing Up Confusion: Copyrights and Works Made for Hire, Opening Statement, Vol. 3, No. 3 (VBA Young Lawyers Division, 2015).
- Copyright Basics: Understanding Works Made for Hire, Docket Call, Vol. 31, No. 3 (Virginia State Bar Young Lawyers Conference, 2015).
- Two-Factor Authentication: Simple and Powerful Security, Opening Statement, Vol. 3, No. 1 (VBA Young Lawyers Division, 2015).
- Multi-Factor Authentication is Effective and Easy to Use, Law Technology Today, Nov. 24, 2014 (ABA, 2014).
- Trademarks: A Few Things Every Business Lawyer Should Know, TYL In Focus, Vol. 1, No. 5 (ABA Young Lawyers Division, 2014).
- Copyrights and Works Made for Hire, TYL In Focus, Vol. 1, No. 5 (ABA Young Lawyers Division, 2014).
- Brand Protection Essentials, Opening Statement, Vol. 2, No. 1 (VBA Young Lawyers Division, 2013).
- Brand Protection Basics Part 2, Docket Call, Vol. 29, No. 2 (Virginia State Bar Young Lawyers Conference, 2012).
- Protecting Your Clients from Scams, Opening Statement, Vol. 1, No. 1 (VBA Young Lawyers Division, 2012).
- Brand Protection: Trademark Basics Part 1, Docket Call, Vol. 29, No. 1 (Virginia State Bar Young Lawyers Conference, 2012).
- Trademarks 101 Part 2: The Benefits of Federal Registration, 101 Practice Series: Breaking Down the Basics (ABA Young Lawyers Division, 2012).
- Trademarks 101 Part 1: What Is a Trademark?, 101 Practice Series: Breaking Down the Basics (ABA Young Lawyers Division, 2012).
- Internet Radio: The Case for a Technology Neutral Royalty Standard, Virginia Law Review, Vol. 95, No. 8 (2009).
- The Virginia Bar Association
- Board of Governors (2017 – 2019)
- Executive Committee (2018 – 2019)
- Intellectual Property and Information Technology Law Section Council
- Council Member (2017 – Present)
- Young Lawyers Division Representative (2012 – 2017)
- Young Lawyers Division
- Immediate Past Chair (2019 – Present)
- Chair (2018 – 2019)
- Chair-Elect (2017 – 2018)
- Secretary-Treasurer (2016 – 2017)
- Executive Board (2014 – Present)
- 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 – Present)
- 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)
- Board of Governors (2017 – 2019)
- American Bar Association
- Section of Intellectual Property Law
- Information Technology Committee
- IP Transactions & Licensing Committee
- Business Law Section
- Cyberspace Law Committee
- Cybersecurity Subcommittee
- Cyberspace Law Committee
- Section of Intellectual Property Law
- Virginia State Bar
- Charlottesville Albemarle Bar Association
- Communications & Website Committee (2015 – 2017)
- International Association of Privacy Professionals (IAPP)
- Community Investment Collaborative (CIC), Business Resource Fair Volunteer (2015 – Present)
- Charlottesville Business Innovation Council, Membership Committee (2013 – 2014)
- Virginia State Bar, No Bills Night (2011 – 2012)
- Danville Area Crop Hunger Walk, Logistics Committee Co-Chair (2011 & 2012)
- VBA Rule of Law Project (2010)
- University of Virginia School of Law, First-Year Oral Arguments, Judge (2010)
- Charlottesville Abundant Life Ministries, MLK Day Volunteer (2010)
- National Eagle Scout Association
April 23, 2019Flora Pettit Attorneys Honored
May 11, 2018Eight Lenhart Pettit Attorneys Honored
March 15, 2018Andrew Stockment Pens Article for Spring VBA Journal
January 11, 2018Lenhart Pettit Elects Three New Shareholders
April 24, 2017Ten Lenhart Pettit Attorneys Honored
April 13, 2016Nine Lenhart Pettit Attorneys Honored
University of Virginia School of Law
Virginia Law Review, Editorial Board
Virginia Journal of Social Policy & the Law, Managing Board
Florida State University
B.S., magna cum laude, Phi Beta Kappa, Management Information Systems and Political Science, 2004