Chanley T. Howell

Partner

Chanley Howell is a partner and intellectual property lawyer with Foley & Lardner LLP, where his practice focuses on a broad range of technology law matters. He is a member of the firm’s Technology Transactions, Cybersecurity, and Privacy Practice and the Sports, Health Care and Automotive Industry Teams.

Chanley represents companies in a variety of technology law areas, such as:

  • Artificial Intelligence: Advice and counseling to organizations implementing AI technologies. Services include guidance for compliance with new and emerging AI laws and regulations, developing legally compliant and ethical AI policies, and working with clients through AI-associated risk management and mitigation strategies. Clients often need assistance drafting and reviewing AI-related contracts and agreements, ensuring they align with both legal standards and organizational goals. Chanley provides training, workshops and round table sessions to educate executive management, boards, and stakeholders on responsible and effective AI practices. This expertise helps clients navigate the complex legal landscape of AI, fostering innovation while safeguarding against legal and ethical pitfalls.
  • Mergers & Acquisitions: Chanley supports our M&A attorneys as a subject matter expert in the areas of information technology, privacy, and security. Services include due diligence activities, contract drafting for purchase agreements including representations and warranties in these areas, transition services agreements, and other pre- and post-closing advice, recommendations, and activities.
  • Technology Agreements: IT outsourcing; EHR (electronic health record) system agreements; ERP licensing, acquisition, and implementation agreements; telemedicine/telehealth related agreements and policies; patent, copyright, and trademark licenses; joint development and marketing agreements; telecommunications agreements; technology acquisition and distribution agreements; IT/IP due diligence for mergers and acquisitions
  • Data Privacy and Security Compliance: Counsel and advise clients with respect to compliance with data privacy and security laws requirements and obligations, including federal privacy laws (Gramm-Leach-Bliley, HIPAA, telemedicine/telehealth); consumer protection/marketing laws (TCPA, CAN-SPAM, COPPA); FTC privacy requirements, investigations, and enforcement actions; state data privacy, security, and breach notification laws; artificial intelligence/AI issues; EU Privacy Shield compliance and certification; regulatory risk assessment and compliance audits; privacy and information security policies; records retention, destruction, and management policies
  • Software Agreements: Software licensing, support, and maintenance; joint development, IT professional and consulting services; software license audits and disputes
  • Internet: Online and electronic contracts and agreements; ESIGN and electronic signature issues; telemedicine/telehealth, ecommerce, and online transactions; domain names; website terms and conditions; privacy policies; social media policies

Industries

While Chanley handles these types of engagements across all industries, he has particular experience in the health care, telemedicine/telehealth, financial services, automotive, and hospitality industries.

“Foley is the premier firm for telehealth counsel.”
“A market leader in telemedicine issues.” “This is the Dream Team.”
– Chambers® USA: America’s Leading Business Lawyers (2020, 2021)

Representative Experience

  • Artificial Intelligence: Representing US$15+ billion health system in connection with its enterprise-wide AI and generative AI strategies and initiatives, including legal and regulatory compliance, AI governance, and policies.
  • Artificial Intelligence: Representing US$10+ billion consumer online entertainment services company in connection with its enterprise-wide AI and generative AI strategies and initiatives, including legal and regulatory, compliance, AI governance, policies, and commercial agreements.
  • Mergers & Acquisitions: Information technology, cybersecurity, and privacy subject matter resource for US$25 billion company in acquisition of technology and legal compliance target.
  • E-Motorcycles: Online terms and conditions, privacy policies, and legal compliance for the worldwide marketing and sale of electric motorcycles, including connected bike data and telemetry issues for US$2 billion e-motorcycle manufacturer.
  • Artificial Intelligence and Contract Lifecycle Management: Advising US$45 billion international fire, HVAC, and security equipment manufacturer for its enterprise-wide procurement contract life cycle management program, including use of extractive and generative AI technologies and solutions.
  • Digital and Online Legal Compliance – Financial Services: Ongoing representation of US$100 billion multinational financial services company (brokerage, retail and commercial banking, investment advisory services) with respect to legal compliance for digital and online terms of use, privacy policies, mandatory disclosures, and other legal terms and conditions.
  • Bitcoin mining. General broad-based representation of US$2 billion bitcoin mining company, including technology transactions, licensing, intellectual property protection and enforcement, real estate development, and legal compliance.
  • Autonomous Driving: Representing innovative startup in connection with the commercialization and licensing of LiDAR-based Advanced Driver Assistance Systems (ADAS) technology, including potential investments by US$30+ billion leader in the autonomous driving industry.
  • E-Commerce Initiative: Assisting US$1+ billion diversified industrial manufacturing and logistics company with developing and commercializing an online ecommerce marketplace for the trucking and semi-trailer transportation industry.

Awards and Recognition

  • Peer review rated as AV Preeminent®, the highest performance rating in the Martindale-Hubbell® Peer Review Ratings™ system
  • Selected by his peers for inclusion in The Best Lawyers in America® in the field of Electronic Discovery and Information Management Law (2021-2024)
  • Recognized, The Legal 500 for his work in Technology: Data Protection and Privacy (2011-2014, 2016)
  • Recognized, Jacksonville’s “Top Lawyers” by 904 Magazine (2014)

Affiliations

  • Founder and former chair, The Jacksonville Bar Association Intellectual Property Section
  • Member, The Florida Bar Intellectual Property Law and Business Law Sections
  • Member, American Bar Association Intellectual Property and Business Law Sections
  • Member, The Jacksonville Bar Association Intellectual Property and Business Law Sections
  • Member, Fourth Judicial Circuit Grievance Committee
  • Professional responsibility partner, Foley Jacksonville office

Presentations and Publications

  • Presenter, “AI Governance and Compliance,” The Conference Board’s Chief IP Officers Council (July 24, 2024)
  • Presenter, “Legal Aspects of Bitcoin Mining Contracts,” Bitcoin 2024 (July 2024)
  • Co-Author, “USPTO Clarifies Patent-Eligibility Guidelines for AI Inventions” (July 17, 2024)
  • Author, “Artificial Intelligence (Al) and the SEC: Present and Future Risks,” LexisNexis, (June 12, 2024)
  • Presenter, “AI for IAs: Recent Developments and Trends in Artificial Intelligence Impacting Investment Advisers,” Investment Advisor Association (June 12, 2024)
  • Presenter, “Integrating Trending AI and CMMC Compliance Into Vendor Management,” Midwest Cyber Security Alliance (May 22, 2024)
  • Presenter, Moderator, “Navigating the AI Landscape: Risks, Rewards, and Operational Efficiencies,” Midwest Cyber Security Alliance (January 24, 2024)
  • Author, “Artificial Intelligence (AI) Investment: Risks, Due Diligence, and Mitigation Strategies,” lexis.com (September 2023)
  • Webinar, “Simplifying Contract Drafting: Leveraging Legal Technology for Ease and Efficiency,” sponsored by myLawCLE (September 8, 2023)
  • Presentation for certain clients “Developing a Legally Compliance AI Governance Program” (various dates)
  • Presenter, “AI Regulation and Framework,” Foley & Lardner training program, (July 19, 2023)
  • Presenter, “The Vehicle Suppliers Association: AI Legal Risks and Compliance Status and Trends,” MEMA (July 18, 2023)

Certifications

  • Certified information privacy professional/US (CIPP/US), certified by the International Association of Privacy Professionals (IAPP)
14 October 2024

The Fast Follower’s Guide to Recent AI Law

As investors, entrepreneurs, and engineers supercharge the development of artificial intelligence to the tune of US$184 billion in 2024, this new era will create both winners and losers.
04 October 2024 In the News

Chanley Howell on AI IP Protection in Litigation - 'Judges are human'

Foley & Lardner LLP partner Chanley Howell shared insight on protecting the intellectual property behind emerging technologies like artificial intelligence in the Bloomberg Law article, "AI Put on Trial in ‘Life or Death’ Police Tech Clashes."
04 October 2024 Innovative Technology Insights

Decoding California’s Recent Flurry of AI Laws

Governor Newsom signed over 18 AI-related bills into law during September, impacting numerous industries.
03 October 2024 Innovative Technology Insights

I Build Generative AI Technology: Does California’s New Transparency Requirement Apply to Me?

FAQs for developers of generative AI models and applications.
19 September 2024 Events

Law School for CFOs

We are excited to host this highly regarded event offered in collaboration with the Boston Chapter of the CFO Leadership Council and presented by Foley & Lardner LLP at our Boston office.
13 August 2024 Deals and Wins

Foley Represents MOGAS Industries in Sale to Flowserve

Foley & Lardner LLP served as legal advisor to MOGAS Industries, a privately held, Houston-based provider of mission-critical severe service valves and associated aftermarket services, in its sale to Flowserve Corporation.