skip to main content
Receive client alerts and/or Silicon Valley e-News in your inbox.
He is one of the most respected attorneys in the privacy and data security field. Ted has co-authored two books on privacy and data security with former White House CIO Theresa Payton.
As a Partner of the Firm’s Intellectual Property Practice Group, Ted leads the firm’s IP Transaction Team, as well as the Data Privacy and CyberSecurity Team. Ted manages information security risk and cross-border data transfer issues, including those involving the European Union and the Data Protection Safe Harbor. He helps businesses monetize their data and build data-centric business models. He also negotiates and prepares business process outsourcing, distribution, branding, software development, hosted application and electronic commerce agreements for all types of companies.
Ted currently serves as Chair of the American Bar Association’s Cyberspace Law Committee in the Business Law Section, and has recently co-authored the books Privacy in the Age of Big Data: Recognizing Threats, Defending Your Rights and Protecting Your Family and Protecting Your Internet Identity: Are You Naked Online? with Theresa Payton. (Order now on Amazon) Ted serves as liaison between the ABA Business Law Section and the ABA Standing Committee on Law and National Security.
His practice includes media and advertising issues, especially online, mobile platforms and on social networks. He solves legal problems in payment systems and financial data processing. Advising clients on complex intellectual property development and licensing programs, he builds strategic technology and marketing alliances.
His work for current firm clients includes major financial institutions, colleges and universities, manufacturers and distributors, hardware and microchip manufacturers, software companies, hospitals and health systems, governments and government contractors. Ted prepares and negotiates deals on transaction services, supply chain development, marketing and distribution ventures, and network infrastructure. His experience as primary technology counsel for Bank of America provides clients with a deep understanding of issues facing financial services.
While practicing at Bank of America (and NationsBank prior to the merger) Ted was charged with protecting the organization’s intellectual property, including legal management of over 1500 trademarks and one of the largest brand transitions in business history. He prepared patent and trade secret programs to change the culture of intellectual property protection in the Bank. At CompuServe, Ted negotiated Internet and supplier contracts with international governments and businesses from China to Argentina to Hungary to South Africa.
Book: Protecting Your Internet Identity: Are You Naked Online? Co-author with Theresa Payton.
Book: Privacy in the Age of Big Data: Recognizing Threats, Defending Your Rights, and Protecting Your Family. Co-author with Theresa Payton
“Developing Laws Address Flourishing Commercial Use of Biometric Information,” with Cameron Stoll. ABA Business Law Today, May 2016.
"Our Mini-Theme: Watches and Wallets, Compliance and Rebellion: The State of Cyberspace Law," Business Law Today, November 2014
"Trinket, Trailer, Sweater, Spy: You Possessions Are Watching You," Master's in Data Science, March 31, 2014
"Privacy and Social Media," Business Law Today, January 2014
"Regulating the Brainspray Revolution," Business Law Today, November 2013
Protecting Your Internet Identity: Are You Naked Online? Co-author with Theresa Payton. “Location Tracking and U.S. Law: How Technology Alters Expectations,” Journal of Internet Law, November 2012 (Volume 16, Number 5), with Richard Balough.
“Developments in the Law Concerning Geolocational Privacy,” Theodore F. Claypoole and Richard C. Balough, The Business Lawyer, Volume 68, Issue 1, Pages 197 – 204 (November 2012).
“Privacy Considerations Limit Geolocation Technologies,” Co-authored with Richard Balough, Business Law Today.
No Place to Hide: First Amendment Protection for Location Privacy, BNA Electronic Commerce Law Reporter (16 ECLR 869), June 2011.
“U.S. Privacy Laws: New Obligations for Associations,” Association Law & Policy, April 2011.
“Protecting Data in a Business Failure,” ACC Docket, September 2009, co-authored with Danielle M. Benoit.
"How a License Becomes a Sale: Software Applications of the First Sale Doctrine" published by Matthew Bender as Expert Commentary in LEXIS research service, 2008.
"The High Cost of Failing to Leash an Internet Store with Personal Jurisdiction," HighMaintenanceBitch, LLC v. Uptown Dog Club, Inc., Slip OP., U.S. Dist. LEXIS 82456 (W. Dist. Washington 2007) published by Matthew Bender as Expert Commentary in LEXIS research service, 2008.
Awarding Punitive Damages for an Inadvertent Privacy Breach: Randi A.J. v. Long Island Surgi-Center, 2007 NY Slip OP 6953; 46 A.D. 3d 74; 842 N.Y.S. 2d 558 (NY App. Div., Second Department, Sept. 25, 2007) published by Matthew Bender as Expert Commentary in LEXIS research service, 2008.
Biometric Authentication for SCADA Security, Chapter 3 in Techno Security's Guide to Securing SCADA: A Comprehensive Handbook on Protecting the Critical Infrastructure, Syngress Publishing, Inc., 2008.
Growth in Security Standards Create Expensive Obligations for Business, The Charlotte Business Journal. May, 2007. Payment Card Industry Data Security Standards: What Merchants Need to Know, WCSR Client Alert, 2007.
"Unintended Consequences of Biometrics," Chapter 11 of American Bar Association Book The Practitioners Guide to Biometrics to be published September, 2006, with Todd Inskeep.
"Data Security Requirements Clearer for Business," Charlotte Business Journal, May 26, 2006.
"Battle Over Statistics Could Have Wide Implications," Southeast Tech Wire, May 16, 2006.
"Business Names and Trademarks in Cyberspace," Charlotte Business Journal, May 13, 2005.
"Copyrighting Video Golf: What Can You Protect?," Southeast Tech Wire, May 3, 2005.
"Search Engines Have Legal Right To Copy Web Pages," Southeast Tech Wire, March 15, 2005.
"Internet Doctor Disciplined," Southeast Tech Wire, February 16, 2005.
"Adware Battle Heats up in Alaska," Southeast Tech Wire, October 26, 2005.
"Federal Law Holds Hope of Curbing Spam," Charlotte Business Journal, May 12, 2004.
"Willie Sutton is on the Internet: Bank Security in a Shared-Risk Infrastructure," University of North Carolina Law School Banking Institute, April 2001, with Eugene M. Katz.
"Letting the Hackers in May Make Your Company Liable," The Business Journal of Charlotte, March 30, 2001.
"Protect Intellectual Assets from Theft by Employees," The Charlotte Business Journal, February 23, 2001.
"E-Commerce Contracts for Corporate Counsel," North Carolina Business Lawyer, Fall 2000.
"Taking Care of (Outsourced) Business," America's Community Bankers, with Eugene M. Katz.
"The Gasping Death of the “Reasonable Expectation of Privacy” Standard", RSA Conference, March, 2016
“Protecting Healthcare Data”, SC Medical Association Conference, February 2014
“Data Obligations for Accounting Clients”, NCACPA Cybersecurity Conference, December 2013
“Law Enforcement and Your Data,” Privacy in Practice Webinar, November 2013
“Cash in the Air: Protecting Electronic Money and Mobile Payments,” Privacy in Practice Webinar, October 2013
“Mobile Privacy and Security: Solutions for Consumer Facing Apps and the Back Office,” Privacy in Practice Webinar, August 2013
“Insuring Data Risks: Preparing Ahead of Time for Data Incidents and Obligations,” Privacy in Practice Webinar, June 2013
“The Myth of ‘Best Practices’: Meaningfully Limiting Privacy Exposures, Customized For Your Company,” Privacy in Practice Webinar, May 2013
“The Sky is Not Falling! Personal Data as an Asset, Not a Liability,” Privacy in Practice Webinar, April 2013
Licensing Mobile Apps (Toronto, ON; Charlotte, NC; Washington, DC).
Geolocation Privacy (San Francisco, CA; Denver, CO; Charlotte, NC; Chicago, IL).
Drafting Bring-Your-Own-Device-To-Work Policies (Los Angeles, CA; Washington, DC).
Genetic Privacy: Research vs. Law Enforcement (Austin, TX).
Social Media Ethics for Lawyers (Charlotte, NC; Boston, MA; Raleigh, NC).
Protecting Your Internet Identity (Chicago, IL; Pinehurst, NC: Charlotte, NC).
Corporate Technology Risk management (RSA Conference San Francisco, CA).
Mitigating Risks of Cloud Computing (Charlotte, NC; Chicago, IL; Raleigh, NC; Boston, MA; Toronto, ON).
Business Marketing through Online Social Networks (Charlotte, NC; Boston, MA; Vancouver).
Your Company’s Data Obligations: Privacy and Beyond (Columbia, SC; Greensboro, NC; Nashville, TN).
International PrivacyRegulation (Toronto, ON).
Trade Secrets in the Cloud (Boston, MA; Charlotte, NC).
Health Care Data in the Cloud (Chapel Hill, Charlotte, NC).
Managing a Data Breach (Webinar).
Regulation of Mobile Data (Reston, VA).
Are You Naked Online? (Webinar).
Data Security Risk Management (Webinar).
Brainspray: Reading Your Brain Signals From a Distance (Charlotte, NC).
Payment Card Industry Security Standards (Charlotte, NC; Atlanta, GA).
Commercializing Intellectual Property: Strategies for turning creativity into money (Charlotte, NC).
Online Threats to Financial Services (Las Vegas, NV).
Doing Business in India (Raleigh, NC).
Ethics of Pervasive Biometrics (RSA Conference San Francisco, CA).
Data Integrity in a Corporate Setting (Washington, DC).
Open Source Software Licensing (Raleigh, Charlotte, NC).
International Technology Transfers (Washington, DC; Toronto, ON; Atlanta, GA; Las Vegas, NV).
Financial Services LegalIssues in E-Commerce (Charlotte, Pinehurst, NC; Nashville, TN; Los Angeles, CA).
Information Security Risks and Responsibilities (Charlotte, Raleigh, NC; Atlanta, Savannah, GA).
Internet Law (Charlotte, Chapel Hill and Greensboro, NC).
Secure Electronic Commerce (Charlotte, NC).
Technology Legal Issues in Public Education (Raleigh, Greensboro, NC).
The Law of the Blogosphere (Chicago, IL).
Electronic Signature Laws (Cary, Charlotte, and Winston Salem, NC).
Spyware (Charlotte, NC).
IP Licensing in the Furniture Industry (High Point, NC).
Radio Interview - July 2013, Are You Naked Online? (mp3)
Education and School Law
Intellectual Property Transactions
Privacy and Data Protection
Supply Chain Management
Prior Legal Experience
Prior Business Experience