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Dean W. Harvey
- Member, Firmwide Management and Executive Committees
Dean advises clients on technology-related commercial transactions, product counseling, and data privacy and security.
Dean W. Harvey helps clients acquire and develop intellectual property (IP), technology, software, and other technology-related services. Dean has counseled Fortune 100 clients, mid-tier clients, and start-ups on artificial intelligence (AI) and machine learning (ML), product compliance, privacy and security, and large software development projects. He also works with AI companies in negotiations with their clients, software as a service (SaaS) providers in establishing and operating their platforms, and technology companies in various data and technology licensing transactions.
Dean’s more than a decade of software industry experience began with AI work and expert systems creation for EDS Research and Development. He later developed communications device drivers and operating systems for IBM and CalComp. Dean has been recognized as a leading lawyer by Chambers USA for 15 years.
Artificial Intelligence/Machine Learning
Dean advises both providers and purchasers of ML solutions, including in establishing templates for negotiating ML and AI transactions. He has advised AI vendors in projects involving issues such as heart failure readmission risk prediction, sepsis risk prediction, diabetes risk prediction, and image recognition and identification. He has assisted buyers in obtaining AI solutions in areas such as pricing optimization, claims editing, robotic process automation, and e-commerce site optimization.
Data Privacy and Data Security
Dean counsels healthcare providers and vendors, retail entities, consumer data analytics providers, and others on security and privacy issues. These include HIPAA privacy policies and procedures, business associate arrangements, Federal Trade Commission (FTC) Act compliance, Gramm-Leach-Bliley Act compliance, Children’s Online Privacy and Protection Act compliance, Personal Information Protection and Electronic Documents Act compliance, EU Privacy Directive safe harbors, and the creation of compliance and authentication procedures.
He counsels clients on the safeguards that they need to protect personally identifiable information and infrastructure, including compliance with Payment Card Industry Data Security Standards requirements, HIPAA data security requirements, FTC compliance, and state law data security breach notification requirements.
Technology Transactions
Dean advises on domestic and international business transactions with significant technology or IP components. He has counseled Fortune 100 clients on multimillion-dollar software development and implementation projects; e-commerce retailers in establishing and operating websites; and technology companies in various IP, technology, and data licensing transactions.
Healthcare Technology/Services
Dean’s experience includes assisting both healthcare providers and vendors in addressing complex technology, IP, and service arrangements within the heavily regulated healthcare environment. These transactions must be accomplished with an understanding of the requirements of a patient care environment.
Retail Technology/Services
Dean represents national and regional retailers on retail information systems and services matters to support both brick-and-mortar operations and e-commerce operations, including planning, merchandising, supply chain, point of sale, and other systems.
Communications
During his technical career, Dean wrote communications device drivers, including TCP/IP device drivers. He has relied on this experience when advising clients on transactions involving wired and wireless communications. Dean has negotiated with every Tier 1 provider.
Outsourcing
Dean’s experience includes representing providers and buyers in information technology and business process outsourcing transactions. He has worked with international retail companies, public hospital systems, private companies, and governmental entities in securing outsourced services for information technology, call center, accounting, bill collections, pharmacy operations, and human resources-related matters.
Education & Credentials
Education
- University of Texas School of Law, J.D., Order of the Coif, Associate Editor, Texas Law Review, 1997
- West Virginia University, B.S., Computer Science, summa cum laude, 1986
Bar and Court Admissions
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Texas
Professional Recognition
Listed in Thomson Reuters “Stand-out Lawyers,” 2024
Named one of D Magazine’s Best Lawyers in Dallas, 2014, 2016-2024
Named Best Lawyers' "Lawyer of the Year" for Information Technology Law, 2024
Listed in Lawdragon 500 Leading Global Cyber Lawyers, 2024
Listed in Texas Monthly as a "Texas Super Lawyer," 2015-2020
The Best Lawyers in America, Cyber Law, 2005; Information Technology Law and Technology Law, 2005-2024; Privacy and Data Security Law, 2021-2024
Named an Acritas Star by Acritas, 2018
Listed in The Best Lawyers in Dallas for Digital Information Law, D Magazine, 2014
Named a "2012 BTI Client Service All-Star" by BTI Consulting Group
Recognized by Chambers USA: "America's Leading Lawyers" for Technology: Outsourcing, 2003-2024; Technology: Corporate and Commercial, 2023-2024
Recognized by US Legal 500 as one of the leading technology outsourcing lawyers in the United States, 2013 "Top Lawyer," IP Law & Business, 2006
Lawdragon 500, 2006; Lawdragon 3000, "Leading Lawyer in America," 2006
"Texas Rising Star," Texas Monthly, 2004-2006
Impact
Professional Leadership
- iTechLaw.org, Board of Directors
- West Virginia University, Advisory Committee for the Statler College of Engineering
Insights
News
Professional Experience
Communications
- Represented a communications technology company in licensing a hosted video message solution for a Tier 1 provider.*
- Represented national communications provider in establishing broadband service in Texas in developing and negotiating customer and supplier arrangements.*
- Represented a network company in arrangement with a Tier 1 provider to establish a hosted solution for voice over Wi-Fi.*
- Represented broadband security company in negotiation of various agreements related to the provision of security solutions for cable broadband providers.*
Technology Transactions
- Represented multiple public and private entities in licensing and implementing traditional ERP systems such as SAP and Oracle, and SaaS solutions such as Workday.
- Represented multiple retailers in arrangements to development, publication, and support of mobile apps across multiple platforms, as well as in the development of terms and conditions and privacy policies and procedures for such applications.
- Represent a web-based data analytics services company that mines publicly available data in social media to enable retailers to develop more successful marketing programs.
- Represented both providers and buyers in various cloud, SaaS, and IaaS arrangements.
- Represented a U.S. entity in negotiations with a Japanese entity to license software for distribution in Indonesia.
- Represented a U.S. entity in software licensing arrangements with a variety of Latin American entities.
- Represented multiple entities in data licensing arrangements in retail, healthcare, and energy industries.
- Represented a large billing and collections entity in an arrangement with a large U.S. bank to create and market a digital wallet for consumers.
Retail Technology/Services
- Represented national and regional retailers in arrangements to develop or acquire, deploy, and support POS and other store systems.
- Represented national and regional retailers in arrangements to acquire SaaS-based CRM.
- Represented national and regional retailers in telecom arrangements, opposite: AT&T, Sprint, Century Link, Hughes Satellite Network Systems, and others.
- Represented multiple retailers in arrangements various HR related technology matters, including SaaS HR systems, traditionally licensed HR systems, and outsourcing HR functions.
- Represented national and regional retailers in negotiating arrangements to acquire and implement ERP solutions, both traditionally licensed and SaaS arrangements. In 2010, he represented a national public chain in acquiring a SaaS solution for both its HR and financial systems.
Outsourcing
- Represented a retailer in a multivendor outsourcing to replace a 20-year incumbent provider.
- Represented an international retail energy company in a business process outsourcing related to call center, billings, collections, and other back-office functions.
- Represented a defense contractor in a proposed enterprisewide outsourcing of payroll processing services.
- Represented a large hospital system in an HR sourcing for administration of medical and dental plans, disability, long-term care, AD&D, employee assistance, and other benefit plans.
- Represented large provider of management and technology consulting services in bid for business process outsourcing of eligibility determinations for all state benefits programs.
- Represented a governmental entity in outsourcing lottery operations, which entailed all operations to support tens of billions of dollars in state revenues.
Healthcare Technology/Services
- Represented multiple hospital systems in negotiations with EMR providers for EMR acquisition and implementation. Most recently he represented a healthcare system in the acquisition of a replacement EMR solution involving a total cost of $150MM.
- Represent healthcare revenue cycle vendors in negotiations with hospital systems to provide end-to-end or a la carte revenue cycle services. Recently represented a revenue cycle services vendor in a multiyear end-to-end revenue cycle services arrangement for approximately thirty hospitals within a healthcare system.
- Represent a healthcare data analytics non-profit that leverages data in a hospital’s EMR to provide real time patient risk analytics in negotiating services arrangements with multiple hospital systems.
- Represented healthcare system in negotiating arrangement to develop a custom patient accounting system.
Data Security
- Represented in responding to a data security breach involving a stolen system with credit and driver’s license numbers from all 50 states and several foreign countries.
- Represented a national mobile provider in PCI DSS gap analysis and remediation.
- Represented a consortium of 50 hospitals in drafting all security policies required to comply with HIPAA.
Data Privacy
- Represented a national healthcare system in the creation of registration authorities, certificate practice statements, certificate policies, and relying party agreements.
- Represented a mobile provider in analyzing CPNI compliance requirements associated with new GPS applications.
- Advised a multibillion-dollar retail entity in compliance with HIPAA and Gramm-Leach-Bliley privacy requirements by helping it establish a compliance office to oversee the retailer’s procedures.
- Represented a healthcare vendor in securing protected health information and nonpublic personal financial information which was seized by a subcontractor’s creditors.