Robert R. Kiesel chairs the Intellectual Property, Sourcing & Technology Group and is also a member of the Finance and Vendor Finance groups. He also co-heads the Cybersecurity Group.
Rob focuses his practice on the preparation and negotiation of various types of commercial agreements and cybersecurity matters, including:
Works with alternative asset managers, financial institutions and companies operating across a broad range of industries in managing the risks associated with data protection and privacy laws.
Information Technology Agreements
Information technology transactions, including technology outsourcing, software, data and content licensing, hardware supply and strategic alliances.
Equipment and Vendor Finance Agreements
Equipment finance and leasing transactions with emphasis on vendor finance programs, including private label programs, virtual and actual joint ventures and referral programs; and financing of commercial and corporate aircraft, computer hardware and software, and manufacturing equipment.
Supply agreements for components and finished goods. Take-or-pay agreements, joint engineering, research & development relationships and technology-sharing arrangements.
Various services agreements, including transition and long-term services in mergers & acquisitions transactions.
Rob has been a member of the Executive Committee of the New York State Bar Association Intellectual Property Section and is a former chair of that section’s Committee on the Proposed Uniform Computer Information Transactions Act. Rob has been selected by his peers as a New York “Super Lawyer" in the Business/Corporate category, placing him in the top 5 percent of lawyers in the New York metropolitan area.
“Designing, Implementing and Assessing an Effective Employee Cybersecurity Training Program (Part Three of Three),” The Cybersecurity Law Report, March 16, 2016 (quoted)
“Navigating FCA and SEC Cybersecurity Expectations (Part One of Two),” The Cybersecurity Law Report, 6 Jan. 2016 (quoted); republished in The Hedge Fund Law Report, 7 Jan. 2016
“Securities, Futures Regulators Increase Scrutiny, Expectations on Cybersecurity,” Bloomberg Brief | Financial Regulation, Oct. 23, 2015 (co-author)
“Cybersecurity Update: Takeaways from OCIE’s Examination Initiative and the NFA’s Rulemaking Proposal,” SRZ Client Alert, Sept. 21, 2015 (co-author)
“Model Cybersecurity Contract Terms and Guidance for Investment Managers to Manage Their Third-Party Vendors,” The Cybersecurity Law Report, June 17, 2015
“Information Security: Obligations and Expectations,” SRZ White Paper, May 2015 (co-author)
“New SEC Cybersecurity Guidance: What It Means for Fund Managers,” SRZ Client Alert, May 4, 2015 (co-author); republished in The Hedge Fund Journal, June/July 2015
“Strategies for Preventing and Handling Cybersecurity Threats from Employees,” The Cybersecurity Law Report, April 8, 2015 (interview)
“SEC Cybersecurity Update: OCIE Risk Alert Provides Insights for Private Fund Managers on SEC Cybersecurity Examinations,” SRZ Client Alert, Feb. 4, 2015 (co-author); republished in The Hedge Fund Journal, February/March 2015
“IP and IT Issues in M&A Deals,” SRZ White Paper, November 2013 (co-author)
“Hedge Fund-Specific Issues in Portfolio Management Software Agreements and Other Vendor Agreements,” The Hedge Fund Law Report, August 4, 2011
“Vendor Finance” (ch. 12), Equipment Leasing (Matthew Bender/LexisNexis), 2011
“Corporate Aircraft” (ch. 32A), Equipment Leasing (Matthew Bender & Co.), 2005
“Synthetic Lease Structures in the Aircraft Industry,” Synthetic Lease Financing: Keeping Debt Off the Balance Sheet, Ch. 9, pp. 137-153, ABA Pub., N. Little, ed., 2002 (co-author)
“Software Financing and Leasing under Proposed UCC Article 2B,” Leader's Equipment Leasing Newsletter, September and October 1997
“Corporate Aircraft Time-Share Purchase and Financing Transactions,” Leader's Equipment Leasing Newsletter, April and May 1996 (co-author)
Note, “Every Man's Evidence and Ivory Tower Agencies: How May a Civil Litigant Obtain Testimony from an Employee of a Nonparty Federal Agency?” 59 Geo. Wash. L. Rev. 1647 (1991) (cited favorably by the United States Court of Appeals for the Ninth Circuit in Exxon Shipping Co. v. Department of Interior, 34 F.3d 774, 778, 9th Cir. 1994)
“Data Protection and Collection: Cybersecurity, Insurance and Data Scraping,” SRZ 25th Annual Private Investment Funds Seminar, New York, January 2016
“Information Security: Obligations and Expectations,” SRZ 24th Annual Private Investment Funds Seminar, New York, January 2015
“Executing Successful IP and IT Strategies in Connection with M&A,” DealFlow Media IP Investment Conference, New York, June 2014
Bank of America Merrill Lynch Prime Broker Services Group Information Security Conference, New York, September 2013
“Executing Successful IP and IT Strategies in Connection with M&A,” iGlobal Forum Mergers & Acquisitions Investing Summit, New York, February 2013
“Threat Assessment, IT Security and Other Protective Measures that are Critical to Protecting Your Firm, Career and Reputation,” FEA General Membership Meeting, New York, May 2012
“Form PF Workshop,” SRZ 21st Annual Private Investment Funds Seminar, New York, January 2012
“Negotiating with Hedge Fund Vendors,” Hedge Fund CFO Association Membership Meeting, New York, May 2011
“Regulation of Information Technology Requirements of Investment Managers,” SRZ seminar on Intellectual Property and Information Technology for Investment Funds, New York, June 2003
“Innovative Financing Strategies Available for Specific Asset Types in the New Accounting/Tax Environment,” Structured Finance Institute Conference on Financing, Leasing and Monetizing Capital Assets Under the New FASB Accounting and SEC Reporting Rules, New York, January 2003
“Lending and Leasing Online,” American Corporate Counsel Association Conference, New York, November 2000
“Privacy Law Developments,” SRZ seminar on The Internet and Securities Law, New York, November 2000
“Taking It to the Net: Legal Aspects of Asset-Based Lending Online,” 56th Annual Convention of the Commercial Finance Association, New Orleans, October 2000
“Contract Drafting Considerations Under AICPA Statements of Position 97-2 and 98-9,” Executive Enterprise Institute Conferences on Accounting for Software Revenue Recognition, Boston, Massachusetts and San Jose, CA, June 2000
“E-Commerce: Practical and Legal Issues,” Equipment Leasing Association Legal Forum, Bal Harbour, FL, May 2000
“New Laws Affecting Website Development and Operation,” Institute for International Research Conference on Web-Based Marketing for Investment Advisors, New York, March 2000
“The Impact of Proposed UCC Article 2B on Intellectual Property Law,” Fall Meeting of New York State Bar Association Intellectual Property Law Section, Bolton Landing, New York, October 1998
“Synthetic Lease Structures,” Institute for International Research Conference on Synthetic Lease Structures, San Francisco, May 1998
Various presentations on commercial and corporate aircraft financing transactions.
- American Bar Association
- New York State Bar Association
- The George Washington Law Alumni Association
- Board of Directors
- New York Super Lawyers, 2009-2010, 2012-2018
- At-Large Member, Executive Committee of the New York State Bar Association Intellectual Property Section, 2000-2004
- Chairman, Special Committee of the New York State Bar Association Intellectual Property Section on the Proposed Uniform Computer Information Transactions Act, 1998-2000