Joel Henry Photo

Joel E. Henry, Ph.D.

Managing Partner, Missoula Office

Overview

Joel counsels start-up and growth phase companies regarding the development and protection of their intellectual property. With his background as a computer scientist, Joel is uniquely situated to provide strategic counsel in the intersecting realms of law and technology.

With their business goals and long-term growth in mind, Joel utilizes his deep understanding of technology to guide start-ups and clients with respect to business formation, contracts, and intellectual property, including patents, trademarks, trade secrets, and licensing. He is particularly experienced with the legalities involved with cutting edge technologies such as drones, data gathering and mining, and data privacy and security.

As one of the few lawyers in the country with a Ph.D. in Computer Science, Joel has successfully prevented and mitigated data breaches that included HIPAA, FERPA, and multiple state regulations regarding data exposure.

 

Joel’s proactive counsel includes:

  • Drafting privacy policies and security plans for domestic corporations in various locations and areas of business
  • Risk assessment and development of privacy and security strategies
  • Conducting privacy-related due diligence for clients moving toward a more complex online presence
  • Advising on FERPA, HIPPA, and state privacy requirements
  • Assessing the fit of privacy and security technical solutions

As a true partner to his clients, Joel takes a holistic approach to client success and utilizes his vast business network to provide innovative solutions within and outside of the legal space. This includes providing referrals for additional client service needs, including accounting, tax advice, insurance, marketing, and technical solutions.

Joel is co-founder and president of Agile Data Solutions, which provides clients with data collection, review, and production tools and services. Throughout his career, he has focused on the transition of research to practical use, including work for NASA, the Department of Defense, Lockheed Martin, and Siemens. Joel has made significant contributions in the areas of electronic discovery and digital evidence, participating in case law review, processes and procedures, and developing standards for the legal profession.

Having both taught and earned his Ph.D. in Computer Science, Joel’s background and combination of experience allows him to understand the complex interactions between technology and the law as it applies to these areas.

A noted thought leader, he has written and spoken on topics including e-discovery, data-intensive cases, and other developments in legal technology.

Experience

In recent engagements, Joel has:

  • Successfully guided an international provider of transportation (with sales in excess of $30 billion) in a trade secret misappropriation case before the Federal Court of Florida. The client received a $200,000 settlement, and Joel’s ability to understand the technical aspects of the case and map them to legal arguments proved to be essential.
  • Represented a UAV hardware and software manufacturer in a trademark case before the USPTO, where the client faced a trademark conflict with a spirits company. The client agreed to give up use of the name in question after a two-year period, which sufficiently covered their merger and acquisition schedule.
  • Represented a university client in a conflict over termination terms, a matter valued at $3.2 million. The client settled for $80,000 and terminated their use of fiber optic cabling from Missoula, MA, to Seattle, WA.
  • Guided an online retailer through a data breach that affected 15,500 customers. Joel assisted the client in crafting a legal response that protected their customers without incurring an enormous expense. Ultimately no customers reported stolen identities, and the client was able to rebuild their online store with strict security and appropriate legal notices and disclosures.

Professional Activities

  • Certified Development Professional, IEEE Computer Society
  • Member, International Association of Privacy Professionals (IAPP)
  • Member, Sedona Conference
  • Member, Association of Computing Machinery

Education

Admission

Community Involvement

  • Former President, American Legion Baseball Club
  • Participant in various cancer awareness activities, including Leukemia & Lymphoma Society and the American Cancer Society’s Real Men Wear Pink campaign
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