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Richard Keck:
Transactions, Projects and Disputes





Telecom


Negotiated a UK-U.S. cross-border joint venture and the subsequent sale of equity interests to its U.S. and UK investors to establish, own and operate an Internet service provider business in the United Kingdom, and subsequently represented the U.S. investor in the sale of its entire equity stake to its UK co-investor.

Represented a major publicly-held U.S. telecommunications network operator in all aspects of the establishment of privately held cross-border joint ventures with local partners for each EU member state to acquire, build, own and operate wireless telecommunications networks in Europe.

Multiple representations of creditors of telecommunications carriers on federal, state and local regulatory issues arising in bankruptcy and related restructuring or asset sales

Represented a wireless carrier in multiple acquisitions of bankrupt or insolvent competitors, resellers and dealers over a several-year period

Represented a cable television operator in the purchase of multiple cable properties out of bankruptcy

Represented a wireless carrier in bartered swaps of fiber optic capacity, including steps to avoid having the swaps treated as executory contracts voidable in bankruptcy

Represented a national competitive local exchange carrier in the disposal of its business, including analysis of the need for federal, state and local regulatory approval and securing the same where necessary

Represented a national cable system operator in multiple business acquisitions and disposals, including handling all corporate documentation and securing all federal, state and local regulatory approvals

Represented a direct broadcast satellite system operator in analyzing the regulatory impact of potential investments in landline facilities

Advised a major national long distance carrier and other telecommunications carriers on the regulatory implications of using voice over Internet protocol

Assisted a wholesale interexchange carrier with the negotiation of over 50 interconnection agreements with other carriers

Represented a major investor owned electric utility on numerous fiber optic development ventures and related right-of-way and facility joint use

Represented an investor owned electric utility on a strategy to optimize its revenues from joint use of its facilities by telecommunications, cable and other users

Formed and serve as outside General Counsel for the Broadband over Power Line Industry Association (BPLIA), which serves as an industry trade association on regulatory, legislative and standards issues

Represented seven different investor owned electric utilities or their affiliates in developing an understanding of the potential regulatory environment for broadband over power line networks using their facilities

Assisted three separate investor owned electric utilities in planning for and conducting broadband over power line technology or market trials, including obtaining experimental licenses from the FCC, addressing state and local regulatory issues, negotiating vendor contracts, protecting intellectual property, and preparing trial participant terms and conditions

Assisting an electric membership cooperative in conducting a technology and market trial for broadband over power line

Represented a fixed wireless network operator in addressing building access issues and state regulatory issues

Represented several different competitive local exchange carriers in interconnection disputes with BellSouth

Represented several investor owned electric utilities in connection with joint use of rights of way, poles and ducts, as well as joint trenching and joint construction projects

Represented utility pole owners in disputes with the cable industry and the wireless industry over the terms and conditions of pole attachments regulated by federal and state law

Represented a major wireless carrier in connection with implementation of the FCC's 800 MHz rebanding order Represented numerous customers, including air carriers, hotel chains, utilities and financial institutions, in their multi-year, multi-million dollar purchases of telecommunications services and lease of equipment.


Electronic Financial Services

Represented a major U.S.-based payment processing company in the establishment of a joint venture with local partners to provide payment processing services in India.

Assisted a bank that provides wholesale financing of home mortgages for retail banks in establishing policies and procedures for an online account access system for each retail bank and in procuring the software for the system

Advised a major bank in developing and implementing instant decisioning for online and telephone credit card applications

Advised a major bank in developing and implementing an online "apply and buy" credit card application process and system

Developed an anti-money laundering compliance program for a distributor of bank-issued prepaid credit cards and stored value cards

Developed a state money transmitter law compliance program for a distributor of merchant issued stored value cards and bank-issued payment credit cards and stored value cards

Advised a financial institution on the sales, use, VAT and other transactional tax aspects of prepaid merchant-issued and bank-issued payment cards

Advised an issuer of cash-like online stored value products as to the applicability of federal and state regulations of deposit accounts and money transmitters

Helped a major automobile finance company develop an e-contracting program for leases and installment sales that complies with the UCC Article 9 electronic chattel paper provisions to allow securitization of the lease/loan portfolio

Represented a provider of electronic signature, remote identity verification and electronic record archival services in working with banks and other financial institutions to develop solutions that comply with applicable regulations and manage business risk

Assisted a provider of insurance products in developing a legally enforceable telephone application process

Developed systems and procedures for an online and telephone application system operated by a mortgage broker

Assisted a major credit reporting agency in developing an online credit report application and delivery system

Served as an expert witness to the Georgia General Assembly in Georgia's adoption of amendments to UCC Article 9 to allow for electronic chattel paper

Represented the Georgia Electronic Commerce Association in advocating amendments to the Georgia code to allow recording of certified paper copies of electronic real property deeds and records

Represented a digital signature and electronic records archival provider in advocating amendments to the Tennessee code to allow recording of certified paper copies of electronic real property deeds and records

Organized and participated in a working group of the American Bar Association and the Open Group to develop standards for compliance with UCC Article 9 requirements for "control" of electronic chattel paper

Formed and steward the privacy and information security working groups and the real property records task force of the Georgia Electronic Commerce Association

Assisted an Internet bank with its online policies and procedures and web site linking agreements

Advised a major employer on policies and procedures for allowing employees to access multiple retirement and pension accounts online with user id and passwords shared among participating financial institutions


Electronic Commerce General

Drafted the Georgia Electronic Records and Signature Act and subsequent amendments to allow use of electronic records and signatures for consumer and business transactions

Represented the Georgia Electronic Commerce Association in successfully lobbying for the Uniform Electronic Transactions Act (UETA) and federal E-Sign act to follow the model of the Georgia Electronic Records and Signature Act

Assisted multiple clients in developing and implementing web site acceptable use policies and related terms and conditions

Represented Trans National Group in connection with all aspects of its UK affinity and co-branded credit card business, including new and renewal contracts with affinity groups and outsourcing of services and products


Privacy/Information Security

Helped multiple clients develop policies and procedures to comply with federal and state regulation of call monitoring, call recording, telephone solicitation and anti-spam regulations

Developed a strategy for an online retailer to communicate to its customers whose credit card data had been compromised by a security breach

Assisted multiple clients in developing and implementing privacy and information security policies for customer data, including web site privacy policies


Information Technology/Software

Represented the issuer in a UK-U.S. cross-border sale of a partial equity interest in an infomediary business and related software development company, and in the subsequent repurchase of that interest by the issuer.

Represented a banking system software developer in numerous transactions with its bank customers

Represented a developer of financial transaction intermediary software in licensing its software to end users and to a credit reporting agency

Represented a financial product provider in resolving a dispute with a developer of software to allow resellers and sales agents to interact with the provider online


General Corporate

Represented Trans National Group in the sale of its interest in the UK's largest affinity credit card portfolio to the Bank of Scotland

Represented HBOS Card Services in the management of its UK-based affinity and co-branded credit card portfolio, including signing and renewal of co-brand/affinity partners and disposition of non-performing portfolios


Outsourcing

Represented an airline in outsourcing its customer support and reservations processes, including contact and call centers, telecommunications facilities, and information technology services

Represented a major employer in a regulated industry in outsourcing online training and certification of employees

Represented a staff augmentation provider in establishing online facilities for management and ordering of outsourced staff support

Represent a major financial institution in outsourcing various processes and functions for its credit card line of business, including prospect database acquisition and management, credit scoring and screening, marketing campaign design, preparation and execution, and application processing

Represented a major IT outsourcing vendor in a variety of transactions, including desktop maintenance arrangements for IT equipment, telecommunications outsourcing, and provisioning of equipment and software for transaction processing

Represented numerous telecommunication providers in major customer communications service contracts

Represented numerous manufacturers, and other outsourcers to the manufacturing industry, in outsourcing of production facility design, production facility construction and repair, product design, product manufacturing, and product testing and certification

Represented numerous suppliers of products and services, and numerous distributors, sales representatives and sales agents, in outsourcing marketing, sales and customer support


Utilities

Represented wire and utility cable products company as an intervenor in two rate cases, one in Kentucky and the other in Minnesota, where the client opposed the inclusion of a newly completed power plant in the rate-base on the grounds that the investment was imprudent and the excess capacity represented by the new power plant was not used or useful.

 
© Macmillan Keck 2019, Geneva - New York
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