Chicago, Illinois, United States
Experienced commercial and technology attorney with experience in e-commerce, data privacy and protection, vendor MSAs and contracts, advertising, consumer protection, class actions, and trade secrets.
Chirag H. Patel is a solution-oriented technology and commercial attorney with extensive experience in emerging technologies, artificial intelligence (AI), data privacy, cybersecurity, contracts, e-commerce, and trade secrets. He has multi-channel experience that encompasses compliance, transactional review, and litigation. Chirag’s practice spans diverse industries, including software, e-commerce, healthcare, financial services (traditional and FinTech), cannabis, commercial construction, and hospitality sectors.
Providing clients solution-oriented counsel for technology, data privacy, and cybersecurity issues in regulatory compliance, mergers and acquisitions, government investigations, and litigation Representative Matters • Advising clients on implementation of privacy programs, terms of service, and operational policies to balance business goals against litigation and regulatory risk (HIPAA, CCPA, and GDPR) • Conducting e-commerce and healthcare platform reviews to align business objectives again compliance obligations for privacy, automated renewal (subscription) billing, and consumer protection laws (FTC, ROSCA, CARL, TCPA) • Drafting and negotiating software, service (including SaaS and data), vendor, and commercial contracts, including MSAs, SOWs, and change orders • Supporting merger and acquisition activity, including supporting cybersecurity due diligence • Leading commercial and class action litigation in technology, privacy, and cybersecurity-focused issues
National litigation and compliance practice with focus on technology, data privacy, cybersecurity, e-commerce, advertising, class action, and general commercial matters Representative matters: • Advising e-commerce companies on advertising claims for compliance with ROSCA and FTC guidance • Defending software developers in multi-million dollar breach of contract, fraud, and trademark claims related to developer’s implementation of ecommerce solutions • Represented software developer in claims seeking indemnification from contractors responsible for causing loss of customer data • Negotiating commercial contracts for technology, hospitality, and other entities upon various issues including intellectual property rights, data ownership, and terms of service • Representing product manufacturers, financial institutions, and building management companies against consumer class action alleging violations of federal and local law • Representing national hotel chain in various commercial and tort disputes from former guests • Representing national and local businesses various breach of contract, trade secrets, and commercial tort claims
Practice included litigation in various commercial litigation matters, including contract, Uniform Commercial Code, trade secret & restrictive covenant, and other business & employment cases Representative matters: • Defended international manufacturer in twelve-million dollar breach of contract and warranty dispute with major telecommunications provider related to a commercial supply agreement • Prosecuted temporary restraining order for national manufacturer to enforce restrictive covenant in executive employment agreement • Negotiating various service and employment compensation contracts for technology clients
Practice includes litigation in contract, shareholder & partnership dispute, commercial finance, fraudulent transfer, and other commercial cases in state, federal, and bankruptcy courts Primary responsibilities include: • Develop case strategy for assigned cases and assume primary responsibility for case management • Research and write affirmative and responsive pleadings, memoranda, motions, and discovery for complex commercial litigation cases • Argue contested hearings and litigate trials and arbitration hearings in commercial and consumer finance cases • Depose adverse witnesses and defend party witnesses for discovery depositions in commercial cases and for citations to discover assets • Negotiate settlements in commercial and consumer finance disputes and draft necessary agreements and orders to embody those settlements • Investigate financial records, tax records, and transactional documents to trace assets, and develop fraudulent transfer, successor liability, and veil piercing theories • Prepare and directly communicate status reports to clients Representative matters include: • Fraudulent transfer action involving a $4 million fraud judgment against an estate • Drafter of joint venture agreement for banks in a $3.4 million asset recovery effort • Partnership action against disassociated partner for $600,000 capital account recovery • Breach of contract action for $1.2 million by former shareholder against company • Adverse claim for trademark infringement judgment in Chapter 13 bankruptcy • Releasing $3 million in third-party funds frozen by citation to discover assets