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Introduction
David Crosby represents US and international companies at the intersection of law and technology. David has an engineering degree and has worked as a software and systems engineer, a manufacturing engineer, a decorated examiner in the US Patent and Trademark Office, and as in-house corporate counsel. He leverages his training and experience to counsel clients with respect to a broad range of technology issues. He regularly serves as principal outside IP counsel to clients, helping them to develop and manage their IP portfolios and implement related IP policies and strategies. David uses his technical knowledge as an engineer to help manufacturing, engineering, software, and life sciences companies to classify products and technology for export under both the ITAR and EAR regimes. He has significant experience working on corporate transactions providing support covering IP due diligence, IP and data licensing, government contracting, data privacy and security, and international trade compliance including export controls due diligence and national security reviews before the Committee on Foreign Investment in the United States (CFIUS).
My focus
I work with technology clients to help them develop and implement IP and business strategies that are tailored to their business needs. This includes developing IP that protects a company’s products and services, as well as, helping corporate leadership to understand the risks and the compliance obligations associated with bringing their products to market.
I regularly work with clients to develop and implement business processes for identifying and protecting their IP. I have extensive experience helping clients navigate their competitive landscape through freedom-to-operate counseling and assisting clients with strategic acquisitions including technology and data licensing.
A significant portion of my practice involves advising US, multinational, and non-US companies on various aspects of regulatory compliance including US export controls and sanctions compliance. This includes advising clients on US export controls, conducting export compliance assessments, and obtaining export control classifications and licenses for products. This comprises a wide range of products and services including defense technology, software products and services, electronic products, networking and telecommunication products and services, medical devices including imaging and diagnostics, life sciences products and therapies, and industrial products.
My practice also involves advising companies that receive government funding for technology development and helping them to understand and comply with the Federal Acquisition Regulations (FARs) relating to the development of IP with government funding.
When I am not practicing law, I serve as the chairman for the Water Management Advisory Committee of a local municipality and help to develop water management and sustainability policy.
Looking ahead
We will continue to see periods of uncertainty regarding the patent-eligibility of business and medical diagnostic methods and companies will need to consider using a more diverse portfolio of intellectual property, technology and business tools to protect their business assets.
Insights
- “US Export Control and Sanctions Update,” Nixon Peabody CLE program, March 2022
- “Russian counter-sanctions: time to review the supply chain (again),” Export Compliance Manager, quoted on the Russia sanctions implications for US businesses, March 2022
- “Russia-Ukraine Crisis: Latest developments in US and EU Export Controls and Sanctions,” Webinar, March 10, 2022
Representative experience
- Represented a leading science and technology company based in Baden-Württemberg, Germany, in the merger of its wholly owned subsidiary with a publicly traded company that specializes in advanced materials innovation, with a particular focus on the semiconductor industry
- Represented a Canadian-based manufacturer of lithium batteries for use in the oil and gas drilling sector in its acquisition of a Massachusetts-based electronics assembly and manufacturing business
- Represented a major industrial component manufacturer in a co-branding arrangement as part of the divestment of a business unit
- Represented a medical devices company as principal outside IP counsel in managing their patent portfolio of over 350 patent filings
- Represented a leading provider of health care data analytics and business intelligence in its acquisition by a leading health information systems provider
- Represented a wireless networking company as principal outside IP counsel in strategic acquisition of technology
Admitted to practice
Massachusetts
U.S. Patent and Trademark Office
Education
New England School of Law, J.D.
Rensselaer Polytechnic Institute, B.S.
Professional activities
- Board of Directors, New England Israel Business Counsel
- Board of Directors, Boston-Israel Business Forum
- Chairman, Water Management Advisory Committee for the Town of Sharon, Massachusetts
- Lecturer, Fletcher School of Law and Diplomacy
- Member, BPLA
- Member, IEEE
- Member, ACM
In the News
- Foreign Investment Watch
Will Disruptive Tech Strike Force play a role in outbound screening
Feb 19, 2023Los Angeles Government Investigations & White-Collar Defense partner Chris Grigg is quoted throughout this article, which covers the US Department of Justice and Department of Commerce’s plan to create a Disruptive Technology Strike Force. Chris’ commentary came from a client alert he cowrote with Corporate partner Alexandra Lopez-Casero and Corporate counsel David Crosby, both of the Boston office.
- The Deal
Resonetics to acquire two SAES units
Dec 9, 2022The following article covers Resonetics LLC’s $900 million agreement to acquire Memry Corp. and SAES Smart Materials Inc. from NP client SAES Getters SpA. The article mentions Manchester partner and Private Equity & Family Offices team leader Phil Taub and Boston partner Amy O’Keefe, both of the Corporate group, for leading the NP team representing SAES Getters on U.S. legal matters. The team also includes Chicago partner and Global Finance co-leader Rob Drobnak; Corporate partners Alexandra Lopez-Casero and Thomas McCord from Boston, Andrew Share from Manchester, and Sean Clancy from Washington, DC; Affordable Housing & Real Estate partners Mark Beaudoin from Manchester and Alison Torbitt from San Francisco; Boston Labor & Employment partner Jeff Gilbreth; Rochester Intellectual Property partner Kristen Walsh; Washington, DC Complex Disputes partner and Antitrust leader Gordon Lang; Manchester Government Investigations & White-Collar Defense partner Mark Knights; Rochester counsel and Cybersecurity & Privacy deputy leader Jenny Holmes; Boston Corporate counsel David Crosby; Washington, DC Complex Disputes counsel Brian Whittaker; Albany Affordable Housing & Finance counsel Dana Stanton; Corporate associates Shaziah Singh from New York, Anthony Bova from Boston, Corey Habib from Manchester, and Hrishikesh Shah from Chicago; and Manchester Corporate department attorney Dave Zimmermann.
- Export Compliance Manager
Russian counter-sanctions: Time to review the supply chain (again)
This article covering Russia’s curbs on the import and export of certain goods quotes Boston Corporate partner Alexandra López-Casero and counsel David Crosby on the supply chain impacts of these counter-sanctions, along with recommendations for export compliance managers and companies that deal with Russian raw materials.March 25, 2022 - Law360
Life Cycle Approach to Data Rights Can Help Contractors
Boston IP Counseling & Transactions counsel David Crosby and Washington, DC, associate Harini Kidambi co-authored this column regarding implications arising from the 2015 Army Data & Data Rights Guide for military service professionals and other contractors.Jan 14, 2016 - Law360
USPTO Plan to Speed Up Patent Apps Will Limit Protection
Boston IP Counseling & Transactions partner David Crosby discusses a new U.S. Patent and Trademark Office program that will speed up the process by which software patent applications are processed.June 12, 2014
Insights And Happenings
View AllProfessionals in the Practice Area
View AllSeth D. Levy
Partner / Leader, Intellectual Property Practice / Co-chair, Life Sciences Practice- Los Angeles
- Office:213.629.6161
- slevy@nixonpeabody.com
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