Peter T. Wakiyama is a shareholder in the firm’s Intellectual Property Department and leads the Artificial Intelligence, Privacy, and Cybersecurity Practice Group.
Peter is a leader in his practice area with more than 30 years of experience advising clients in all areas of intellectual property, technology transactions, privacy, cybersecurity, and emerging technologies, including artificial intelligence (AI), across multiple industries, for both domestic and international clients.
His extensive tech background bolsters his practice and includes experience as a hands-on technologist in the federal government contracting and private sectors; working with emerging technologies, entrepreneurs, inventors, and other technology industry professionals; and advising clients on a broad range of intellectual property and technology legal matters.
Peter is a trusted resource who helps his clients navigate complex intellectual property, technology, privacy and cybersecurity matters amid the evolving challenges brought by technology and data in transactions and in day-to-day business operations.
Increasingly, he is at the forefront of counseling clients on a wide range of AI-related matters, including the development, adoption, and use of AI tools; emerging AI intellectual property and licensing issues; and transactions that involve AI intellectual property and data assets used to train AI models. His technology counseling and transactions work has its roots in and is synergistic with his robust intellectual property practice that includes IP strategy, portfolio development, registration, commercialization, enforcement, due diligence/investigations, and M&A support.
Peter advises clients across all major sectors, including software, devices, e-commerce, IT services, retail, financial services/fintech, telecommunications, entertainment, health care/digital health, real estate, manufacturing, food and beverage, education, hospitality, and social media. Clients rely on him for all aspects of technology and IP transactions, such as development, licensing, asset purchases, strategic alliances, and SaaS/PaaS/IaaS; IP strategy, protection, enforcement, and commercialization; and data protection, privacy, and security. His deep knowledge in core intellectual property, including trademarks, copyrights, trade secrets, and patents, combined with his broad industry experience and technology background, allow him to bring a holistic and practical legal perspective to his clients’ needs.
Peter develops strategies for clients around issues related to new-to-market and emerging technologies. He advises on the effective use of data and helps clients mitigate the potential risks associated with the commercialization of data assets. In addition to his IP and technology practices, Peter regularly assists clients with their assessment of, and compliance with, federal and state privacy and security laws, including COPPA, TCPA, FTCA, GLBA, HIPAA, and GDPR; privacy policies, terms of use, information security policies, and data governance agreements, as well as data privacy and security investigations, due diligence, and M&A support.
Peter is a recognized authority on intellectual property, technology, and data privacy and security. He is a sought-after lecturer and trainer who provides programming for clients as well as major universities. His university presentations include La Salle University, Temple University, The Wharton School at the University of Pennsylvania, The Lebow School of Business at Drexel University, the University City Science Center, and the Kline School of Law at Drexel University.
Representative Matters
Artificial Intelligence
- Generative AI adoption and use for operational purposes and client services for a global marketing and advertising agency.
- Generative AI adoption, use, and associated policies for a manufacturer of personal care products.
- Counseling on AI, intellectual property, and privacy issues for a large private university research project involving the use of internationally sourced data for use in connection with developing and training large language models.
- Advised a nonprofit disabilities research and assistance organization on contractual changes to its suite of contracts to address vendor and customer usage of generative AI tools.
- Provided training to a large private equity client on conducting due diligence for AI and how to address AI in PE and M&A representations and warranties.
- Advised the developer of enterprise and workflow AI tools on intellectual property, licensing, and open source software usage matters.
- Provided training on AI legal issues and best practices for a global manufacturer of electrical components.
- Provided counseling and contract drafting assistance to a global provider of business services in connection with their adoption of contract revisions to address vendor usage of generative AI tools.
- Represented a medical research client in the licensing of medical imaging databases for use in training AI models.
- Represented a global manufacturer of electrical products in the development of a product data governance and licensing program to ensure the adoption of best practices for commercialization and IP protection, including controlling wholesaler and retailer usage for AI training purposes.
- Negotiated and drafted a cross-licensing agreement for the licensing of electronic health records between a health care institution and a research university for use in connection with training AI models.
IP and Technology Transactions
- Negotiation and drafting of software transaction documents for the development, hosting, and support of an enterprise asset tracking system.
- SaaS/PaaS agreement drafting and related intellectual property counseling for a parking facility technology developer.
- Development of SaaS agreement and counseling on related intellectual property matters for a technology provider that develops platforms and tools for social programs management.
- Drafting of internet protocol address white-listing agreement and related counseling for a national bank.
- Software development transaction for mobile app products for customer financial wellness, including associated IP counseling and privacy support, for a national bank.
- Customer transactions and strategic alliances, including IP strategic counseling, for a global IT services provider.
- Counseling for strategic transactions, IP strategy and protection, and cybersecurity for an events ticketing technology client.
- Master services agreement and associated software licensing for a technology client’s development of digital health apps for a large regional health care provider.
- SaaS agreement drafting and associated IP and privacy counseling for a manufacturer of refrigerant and cooling systems and its publication of hosted apps for product configuration and troubleshooting.
- System purchase agreement, software license, and privacy policy for a human movement analysis system, plus privacy counseling and data licensing.
- Open source software licensing and technology licensing matters including adoption of open source licensing model for developer of SaaS based business automation tools.
- Intellectual property matters, privacy program development, technology development agreements, and open source software licensing for blockchain and crypto currency client with global legal needs.
- Offshore software development transaction for large retailer seeking to establish offshore IT development center.
- Software licensing, hosting, and support/maintenance transaction for financial services technology required by a private family office client.
- Outsourcing agreement for hosting multiple B2B and B2C websites and data bases for a global manufacturer of diverse consumer and industrial products.
- Open source software due diligence and analysis for a vendor of insurance industry software applications.
- Open source software due diligence and analysis for a publicly held insurance company.
- Strategic alliance agreement for the licensing and development of an internet widget-based software application for use by a telecommunications provider.
- Software license and services agreement for the management of commercial real estate assets by a manager of urban multiresident properties.
- Strategic alliance agreement for the licensing and co-marketing of cross-border K-12 online distance learning programs.
- Co-marketing and trademark license agreement between a charitable health care foundation and a jewelry retailer.
- License and e-commerce distribution agreement between a retailer and a supplier of professional sports branded apparel and other merchandise.
- Outsourcing agreement for the processing of payroll and tax forms processing for a home health care personnel provider.
- Trademark license and distribution agreement for the co-branding of fashion-oriented bath and home products.
- Data feed license and advertising agreement between an international retailer and an online shopping portal.
- Gift card and debit card agreement between a regional supermarket and a network service provider.
- Asset purchase agreement for the sale of medical imagery scanning device technology.
- Outsourcing agreement for employee benefits enrollment and benefits maintenance.
Internet/E-Commerce
- Legal review of international B2C websites for a manufacturer of high-performance fabrics.
- Counseling an automotive parts supplier with respect to various software contract issues and e-commerce development strategic issues.
- Counseling of multiple clients concerning software audits and related vendor demands for additional licensing fees.
- Represented a large telecommunications company in counseling, negotiating, and drafting in connection with the formation and launching of a global consortium of major movie studios, device manufacturers, and service providers supporting an ecosystem for the download and streaming distribution of movies, TV shows, and other digital entertainment.
- Advising a global manufacturer on how to address misleading Wikipedia entries for manufacturer’s brands.
- Advising a mental health counseling services provider on how to address false and misleading business reviews posted on various Internet business review sites.
- Contract review and general counseling for the implementation of online social media tools by a global manufacturer of consumer and industrial products.
Copyrights
- Advised an AI software developer on copyright and licensing issues relating to the use of open source LLM data bases.
- Represented an automotive dealership support tools software developer in copyright matters involving the registration of copyrights in multiple software programs.
- Represented home builder in copyright matters involving securing copyright ownership for project documents and obtaining copyright registrations.
- Represented multiple clients in defending against copyright clearance and rights licensing organizations.
- Represented multiple clients in implementing offensive and defensive tactics involving web scraping and copyright protection for data/database assets and other online content.
- Represented a global IT services client in copyright counseling for the protection of its software products portfolio.
- Assessed copyright protection issues pertaining to medical imaging data being used for AI training.
- Advised a documentary production client on copyright and other film clearance matters.
- Represented a home and bath products manufacturer in copyright registration and enforcement matters.
- Advised a public relations agency concerning copyright issues arising from the use of news media coverage in print and electronic forms; providing copyright policies, training and education.
- Advised a regional health care provider concerning copyright compliance matters, including development of workplace policies.
- Advised a jewelry and fashion design client in assessing and securing copyright protection.
Trademarks (domestic and international)
- Represented a home and bath products manufacturer in global trademark clearance, registration and licensing matters.
- Represented a national residential builder in trademark clearance, portfolio management, licensing, and enforcement matters.
- Represented a national dining services provider in trademark clearance, registration, portfolio management, licensing, and enforcement matters.
- Represented regional restaurant services clients in trademark clearance, portfolio management, licensing, and enforcement matters.
- Represented a global IT services client in trademark clearance, registration, and enforcement matters.
- Represented a perfume and fragrances client in trademark clearance, registration, licensing, and enforcement matters.
- Represented a global business consulting and personnel training client in trademark clearance, registration, portfolio management, and enforcement matters.
- Represented an asset recovery services client in trademark clearance, registration, portfolio management, and enforcement matters.
- Represented a food and sports performance products client in trademark clearance, registration, portfolio management, and enforcement matters.
- Represent a large restaurant services client in trademark due diligence and licensing matters.
- Successful domain name recovery actions using the Uniform Domain Name Dispute Process (UDRP) for multiple clients, including famous reality television celebrity, national dining services client, national home builder client, among others.
Trade Secrets
- Evaluation of strategic documentation for a financial services provider for the purpose of assessing intellectual property rights and recommending protection and enforcement steps, including designing and implementing a trade secret protection program.
- Advised multiple software clients on best practices for maintaining trade secret protection for software source code and related trade secrets.
- Advised multiple clients on best practices for designing and implementing data governance policies to ensure trade secret protection for databases.
Patents
- Advised an event ticketing technology client on patent matters involving securing patent rights, patentable subject matter, and process for securing patent protection.
- Advised a home and bath products manufacturer on responding to retailer claims for patent infringement indemnification.
- Advised a blockchain and cryptocurrency client on overall IP strategy, including risks and rewards for seeking and obtaining patent protection for software-related inventions.
- Advised a global IT services and applications developer on overall IP strategy, including risks and reward for seeking and obtaining patent protection for software-related inventions.
Privacy and Cybersecurity
- Privacy program design, build, and implementation for a national dining services client.
- Privacy policy and terms of use for multiple online properties for blockchain and cryptocurrency client.
- Privacy policy and terms of use for national restaurant chain.
- Privacy policy and terms of use for online investigative journalism business.
- Privacy program design, build, and implementation for large manufacturer of electronic devices and related products; ongoing privacy and cyber counseling for day-to-day privacy, cyber, and data governance, and commercialization matters.
- Specialty counsel for privacy and cyber due diligence for PE client in connection with potential adtech company acquisition.
- Privacy policy and terms of use for online contests and sweepstakes for marketing and advertising client.
- Privacy policy and terms of use for global manufacturer and retailer of sports apparel and merchandise.
- IP and cybersecurity counseling for fintech client in connection with phishing and domain name spoofing attacks; coordinate investigation with cybersecurity consultants.
- Advised a national dining services client in connection with domain name phishing and spoofing attacks.
- Advised a large regional grocery store client on privacy and cybersecurity matters, including technology transactions with third party providers of customer account verification services
- Advised a global provider of engineering services in connection with fraudulent website copying and spoofing, including DMCA takedown demands and implementing new terms of use.
- Advised a national homebuilder on how to address fake social media and imposter accounts.
- Website privacy counseling and privacy policy for a manufacturer of paving materials.
- Website privacy policy and terms of use for a provider of home health care professionals.
Honors & Awards
- Best Lawyers in America®: Privacy and Data Security Law (2024-2025); Technology Law (2023-2025)
Professional Affiliations
- Member, iTech Law Association (formerly the Computer Law Association)
- Member, Asian Pacific American Bar Association of Pennsylvania (APABA-PA)
News
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- Press Release | Law360()
- Press Release()
- Press Release / New Jersey Business Magazine()
- Press Release()
- Press Release / Law360()
- The Fashion Law()
- Dark Reading()
Events
- Transportation Lawyers Association Corporate Counsel Committee()
- Burlington County Regional Chamber of Commerce and Flaster Greenberg PC()
- Safeguarding Corporate Assets: Leveraging Copyright and Trade Secret Protections to Combat Corporate Espionage()
- Artificial Intelligence Key Legal Considerations()
- Balancing the Scales: Exploring Diverse Perspectives on AI Regulation and GovernancePhiladelphia PACT()
- Safeguarding Data from Inside and Out()
- Innovation in TechnologyEmerald Asset Management Investment Forum()
- Navigating the AI Landscape: Privacy, IP, Policies and More – An Industry Expert Roundtable()
- Concerns for the Digital Age()
- When the CEO Calls – Part II()
- Trade Secret Theft and Protecting Sensitive Information in the Age of COVID-19()
Articles & Alerts
- The Temple 10-Q, Temple's Business Law Magazine()
- Teaching Active M&A Dogs New Privacy and Cybersecurity Tricks: 5 New Approaches for Serial AcquirersMiddle Market DealMaker, Winter 2023()
- SaaS Transactions: Data-Related Issues in SaaS AgreementsTech Podcast()
Practice Areas
Admissions
- Pennsylvania
Education
- Temple University Beasley School of Law, J.D., cum laude
- La Salle University, B.A., cum laude
