Jason A. Bernstein

Inventions, innovations and information, particularly information security and privacy matters, are at the core of Jason’s practice. With more than three decades of experience, Jason advises on strategic planning for and the protection of client brands and creations via patents, trademarks and copyrights, as well as negotiates a myriad of technology and business agreements involving valuable IP.

Jason’s clients include startups, universities, and established technology, manufacturing and services companies. His industry experience ranges from medical devices to organic and polymer chemistry to pharmaceuticals, mechanical apparatus and software. Regardless of the client or industry, Jason helps companies minimize their exposure to data security and privacy risks. He works with clients to proactively improve data security risk management and develop policies and procedures for incident response.

He also advises on compliance with laws such as Europe’s General Data Protection Regulation (GDPR) and California’s CCPA/CPRA. He also helps clients develop or improve their website terms of use/service, cookie notices, privacy policies, infosec policies, and other external and internal documents.

Jason also works with companies after a data breach to evaluate the breach, notify affected individuals and agencies, and guide the company in communications to minimize effects on brand reputation. As a result, Jason is a frequent speaker nationally to various organizations and conferences on how companies can respond to cybersecurity incidents and emerging cybersecurity threats, improve their risk management, and more effectively negotiate agreements with customers and vendors.

In addition, Jason advises on strategic IP planning and due diligence investigations related to mergers and acquisitions, trademark selection and clearance, registration, licensing and infringement. He has worked with a wide range of trademark portfolios in the restaurant, healthcare, cosmetics, nutraceuticals, software and hardware, apparel, medical products, manufacturing and financial services industries.

Moreover, Jason assists vendors/service providers and customers in drafting and negotiating technology-related agreements that improve profitability, reduce expenses, minimize exposure to liability and reduce the time to close deals that are critical to the bottom line. He drafts and negotiates  an average of over 150 technology-related agreements each year involving licensing, EULAs, intellectual property, technology transfer, material transfer, manufacturing, distribution, manufacturing, supply, support, outsourcing, cloud hosting, data storage and processing, software and website development, R&D, CRADA, joint development, M&A, and other areas. Notably, clients rely on Jason to help improve their contracting processes by evaluating current approaches so as to realize the full potential for ROI and by designing professional training programs that improve negotiating effectiveness.

Prior to joining the firm, Jason was a partner in two law firms, serving as managing partner of one. Jason also worked in-house as the director of business development in multifocal lens technology for Ciba Vision Corporation, and was patent and general counsel for Murex Corporation, a medical device and immunoassay diagnostics manufacturer. As a result, Jason understands, from practical, first-hand business experience, the big picture of the challenges and obstacles his clients face on a daily basis.

In addition, Jason is co-inventor on U.S. Patent Nos. 10,724,275; 9,777,512; 8,240,113; 6,855,424; 6,834,762; and D473,113.

Jason is married and has three sons. He enjoys playing tennis and learning fingerstyle guitar, as well as improvisational cooking.