Sunstein, Kann, Murphy & Timbers

Thomas C. Carey

Thomas C. Carey

Partner, Business Chair

t:
617-443-9292, ext 259
f:
617-443-0004
e:
tcarey@sunsteinlaw.com
State University of New York at Buffalo
J.D.
Yale University
A.B.

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Awards

  • Martindale Hubbell-Preeminent-Badge
  • Cipp_emblem

Practice Areas

Education

  • State University of New York at Buffalo J.D.
  • Yale University A.B.

Profile

Thomas Carey’s clients rely on his judgment and expertise in strategic matters such as capital-raising, licensing, mergers and acquisitions and tax planning. He also advises clients on privacy, outsourcing, key customer contracts, corporate governance and personnel matters.

Experience

  • Advises software companies involved in government contracting, including DFARs and ITAR matters.
  • Advises inventors and researchers negotiating with universities and research institutions.
  • Serves as general counsel to numerous privately-held technology companies.
  • Advises clients regarding privacy laws and regulations, including the GDPR and CCPA.
  • Advises inventors regarding tax treatment of patent sales and licenses.
  • Negotiates patent licenses for medical devices, novel drug compounds, business methods and other technologies.
  • Assisted clients in formation of affiliated entities in Europe, Asia and Australia.

Professional and Community Involvement

  • International Association of Privacy Professionals
  • American Intellectual Property Association
  • American Bar Association, Massachusetts Bar Association
  • Adjunct professor, New England School of Law.
  • Yale Club of Boston.

*The Martindale-Hubbell Peer Review Icon is a service mark of Reed Elsevier Properties Inc., used under permission from Reed Elsevier Properties Inc. in accord with the terms and conditions established by Martindale-Hubbell.

Honors

Tom was named to the Super Lawyers® list in the practice area of intellectual property for 2020 in Massachusetts, a list limited to the top 5 percent of attorneys in each region.

Publications

No License, No Chips: Qualcomm’s Controversial Licensing Strategy Is Not an Antitrust Violation

No License, No Chips: Qualcomm’s Controversial Licensing Strategy Is Not an Antitrust Violation
Back to Work: The Use of Contact Tracing Technology to Improve Worker Safety

Back to Work: The Use of Contact Tracing Technology to Improve Worker Safety
Does the Defense Production Act Provide a Safe Harbor Against Infringement Claims?

Does the Defense Production Act Provide a Safe Harbor Against Infringement Claims?
Fresh is Best and Stale Will Fail: The PTAB Explains Its Logic in Refusing to Institute an IPR

Fresh is Best and Stale Will Fail: The PTAB Explains Its Logic in Refusing to Institute an IPR
California Leads the Nation in Privacy Protection, But To Where?

California Leads the Nation in Privacy Protection, But To Where?
FTC Unfriends Facebook But Wants to Stay in Touch

FTC Unfriends Facebook But Wants to Stay in Touch
Twenty Years Under the Microscope: A Small Business, a Data Breach and the FTC

Twenty Years Under the Microscope: A Small Business, a Data Breach and the FTC
The California Consumer Privacy Act: More Relevant Than You Think

The California Consumer Privacy Act: More Relevant Than You Think
Europe’s One-Stop Shop for Privacy Regulation: For EU Companies Only?

Europe’s One-Stop Shop for Privacy Regulation: For EU Companies Only?
Digital Resale: Where New Technology Stumbles Over Old Law

Digital Resale: Where New Technology Stumbles Over Old Law
Non-Competition Agreements: Massachusetts Meets California Halfway

Non-Competition Agreements: Massachusetts Meets California Halfway
So You Thought the GDPR Was Fun? Wait Till you See What California Has In Store

So You Thought the GDPR Was Fun? Wait Till you See What California Has In Store
Copying Complex APIs is Not Fair Use: The Federal Circuit Turns the Software World on its Ear

Copying Complex APIs is Not Fair Use: The Federal Circuit Turns the Software World on its Ear
Cox Communications Makes Its Mark as the First Major Cable Provider To Lose its DMCA Immunity from Copyright Infringement

Cox Communications Makes Its Mark as the First Major Cable Provider To Lose its DMCA Immunity from Copyright Infringement
New Local Rule May Speed Up Patent Cases and Attract More Litigation to Massachusetts

New Local Rule May Speed Up Patent Cases and Attract More Litigation to Massachusetts
The New Tax Bill and Its Effect on Inventors: A Capital Result

The New Tax Bill and Its Effect on Inventors: A Capital Result
Patent Office Cracks Down On Repetitive Validity Challenges

Patent Office Cracks Down On Repetitive Validity Challenges
A Patent License Conundrum: Is the Definition of “Valid Claim” Subject to Arbitration?

A Patent License Conundrum: Is the Definition of “Valid Claim” Subject to Arbitration?
States Are Cracking Down on Cybersecurity Laggards

States Are Cracking Down on Cybersecurity Laggards
Massachusetts Creates Tax Credit Program for Angel Investors

Massachusetts Creates Tax Credit Program for Angel Investors
Fast-Forwarding Privacy: A Video Tape Rental Statute in the Digital Era

Fast-Forwarding Privacy: A Video Tape Rental Statute in the Digital Era
Insurance Coverage for Data Breaches: A Pig in a Poke for Retail Establishments?

Insurance Coverage for Data Breaches: A Pig in a Poke for Retail Establishments?
A User’s Guide to the EU-US Privacy Shield

A User’s Guide to the EU-US Privacy Shield
The EU Reveres Data Privacy, the US Puts National Security First, and US Businesses are Caught in the Middle

The EU Reveres Data Privacy, the US Puts National Security First, and US Businesses are Caught in the Middle
Recent (and Anticipated) Developments in the International Application of US Patent Laws

Recent (and Anticipated) Developments in the International Application of US Patent Laws
Sour Grapes: When Can a Thief Spoil an Inventor’s Right to a Patent?

Sour Grapes: When Can a Thief Spoil an Inventor’s Right to a Patent?
Oldies and Broadcasters: No Longer Happy Together?

Oldies and Broadcasters: No Longer Happy Together?
Can a Foreign Bankruptcy Upset the License Of a U.S. Patent? A Court of Appeals Says “No”

Can a Foreign Bankruptcy Upset the License Of a U.S. Patent? A Court of Appeals Says “No”
Fresh Guidance for Owners of Standard-Essential Patents: Reasonable Royalties Can Be Expected; So Can Penalties if You Overreach

Fresh Guidance for Owners of Standard-Essential Patents: Reasonable Royalties Can Be Expected; So Can Penalties if You Overreach
Patent Trolls in the Crosshairs: Vermont’s Aggressive Stance and the Emerging Federal Response

Patent Trolls in the Crosshairs: Vermont’s Aggressive Stance and the Emerging Federal Response
Reverse Payments by Drug Companies: The Supreme Court Declines to Adopt a Bright-Line Test

Reverse Payments by Drug Companies: The Supreme Court Declines to Adopt a Bright-Line Test
Gimme Shelter: When Does a Content-Sharing Website Incur Copyright Liability?

Gimme Shelter: When Does a Content-Sharing Website Incur Copyright Liability?
You Can Jailbreak Phones But Not Tablets: New DMCA Rules Roll Back Fair Use in Favor of Software Owners’ Rights

You Can Jailbreak Phones But Not Tablets: New DMCA Rules Roll Back Fair Use in Favor of Software Owners’ Rights
When Big Pharma Pays to Stall the Introduction of Generic Drugs, Is It Legal?

When Big Pharma Pays to Stall the Introduction of Generic Drugs, Is It Legal?
Pharmaceutical Companies Take Heed — Compulsory Patent License Is Awarded in India

Pharmaceutical Companies Take Heed — Compulsory Patent License Is Awarded in India
Overseas Infringement by A Government Contractor: Who, if Anyone, is Liable?

Overseas Infringement by A Government Contractor: Who, if Anyone, is Liable?
To Russia With Love: Supreme Court Upholds Restoration of Copyright in Works of Russian Authors and Composers (And Many Others)

To Russia With Love: Supreme Court Upholds Restoration of Copyright in Works of Russian Authors and Composers (And Many Others)
When Trade Secrets Are Stolen Overseas, Can the Thief Compete in the U.S.?

When Trade Secrets Are Stolen Overseas, Can the Thief Compete in the U.S.?
“Clear and Convincing Evidence” is Still Required To Invalidate a Patent

“Clear and Convincing Evidence” is Still Required To Invalidate a Patent
False-Marking Cases Might Soon be Extinct

False-Marking Cases Might Soon be Extinct
The DMCA Re-Fanged: Courts Now At Odds Over Copyright Protection for Software Security Devices

The DMCA Re-Fanged: Courts Now At Odds Over Copyright Protection for Software Security Devices
The DMCA De-Fanged: Why Software Developers Need to Register Their Software With the Copyright Office

The DMCA De-Fanged: Why Software Developers Need to Register Their Software With the Copyright Office
The Federal Circuit Hems in the Patent Misuse Doctrine, Making Patent Pooling Safer

The Federal Circuit Hems in the Patent Misuse Doctrine, Making Patent Pooling Safer
When Does an “Offer for Sale” Made in Another Country Result in Infringement of a U.S. Patent?

When Does an “Offer for Sale” Made in Another Country Result in Infringement of a U.S. Patent?
Who’s Holding the Bag? When a Website Sells Infringing Articles, Credit Card Companies May Face Liability

Who’s Holding the Bag? When a Website Sells Infringing Articles, Credit Card Companies May Face Liability
Congress May Restore Copyright Protection to Public Domain Foreign Works Despite First Amendment Concerns

Congress May Restore Copyright Protection to Public Domain Foreign Works Despite First Amendment Concerns
Bratz Beats Barbie: Appeals Court Reverses Jury Verdict and Rejects Constructive Trust

Bratz Beats Barbie: Appeals Court Reverses Jury Verdict and Rejects Constructive Trust
Bilski v. Kappos: The Supreme Court Strikes a Blow for Inventors

Bilski v. Kappos: The Supreme Court Strikes a Blow for Inventors
Recent State Law Developments in Intellectual Property

Recent State Law Developments in Intellectual Property
Pay for Delay” Settlements: The FTC ‘s 2010 Annual Report

Pay for Delay” Settlements: The FTC ‘s 2010 Annual Report
Google Book Project Tries to Placate the Critics: Will It Be Enough?

Google Book Project Tries to Placate the Critics: Will It Be Enough?
Tax Treatment of Infringement Damages: Plan Ahead to Improve Your Results

Tax Treatment of Infringement Damages: Plan Ahead to Improve Your Results
The FDA Approves an ANDA Despite An Appeals Court Stay, And Another Appeals Court Approves

The FDA Approves an ANDA Despite An Appeals Court Stay, And Another Appeals Court Approves
Federal “Good Samaritan” Statute Protects Seller of Software That Blocks Adware and Spyware

Federal “Good Samaritan” Statute Protects Seller of Software That Blocks Adware and Spyware
Patent Pools May be Cool, But Drowning Competitive Technologies is Not

Patent Pools May be Cool, But Drowning Competitive Technologies is Not
European Developments: Trademark Rights Strengthened

European Developments: Trademark Rights Strengthened
European Developments: Copyright Term Extended

European Developments: Copyright Term Extended
Middle Earth, Not Middle Ground: Minnesota Weighs in on Insurance Coverage of Trademark Infringement

Middle Earth, Not Middle Ground: Minnesota Weighs in on Insurance Coverage of Trademark Infringement

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