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Darcy M. Brosky

Counsel

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Overview

The best part of being an honorary member of the New Ventures practice group (though they still refuse to show me the secret handshake) is finding the opportunity to help our most enthusiastic and energetic clients turn their unique visions into reality and then watching them grow every year into successful businesses. When counseling emerging clients, I take complex legal issues and distill them into a practical action plan that does not require a law degree to understand. Clients feel comfortable approaching me with a wide range of unfamiliar legal issues or concerns without the fear that they don’t know what they don’t know. It is so gratifying when clients contact me to share a recent success or provide an update on how they’re doing.

I started my career at Thompson Hine in 2008 and have been with the firm ever since. I have spent my years of practice developing niche areas that often allow me to operate as a one-stop shop for an emerging business. I regularly advise on the following topics:

  • Data Privacy and Security – I have been a Certified Information Privacy Professional (CIPP) since 2012 and regularly advise clients regarding their data privacy and security practices under U.S. and international law, including FERPA, COPPA, the CCPA, the GDPR and others. I provide clients with internal and external privacy policies, data breach or red flags policies and employee or job candidate privacy notices. I draft and review data security and ownership clauses in vendor or customer agreements and advise clients regarding the permissibility of various data uses or disclosures. I also assist clients investigating and responding to an actual or threatened data breach or security incident.
  • Commercial Agreements – I assist clients by preparing and reviewing commercial contracts and other documentation including website or software terms of service, waivers, releases, contractor agreements, EULA’s, sales terms and service agreements. When drafting commercial agreements, I focus on identifying and minimizing a client’s unique risks or exposure that may not be adequately addressed in a form agreement or template. I also advise clients on the best way to deploy commercial documentation in light of the competing considerations in this space such as software capability, user experience, branded messaging, minimizing negotiations and legality of acceptance.
  • Contests, Sweepstakes and Other Promotions – I counsel clients regarding the legality of their proposed promotions and provide the necessary rules and documentation to get the promotion up and running.
  • Advertising – I review advertising content for compliance with applicable laws and standards, including guidelines related to sponsored or otherwise promoted ads.
  • Dealer Matters – I counsel large and small clients regarding the best ways to get products to customers throughout the U.S. or worldwide. I advise regarding the benefits or pitfalls to various types of distribution schemes and provide the commercial agreements necessary to secure a distribution relationship or to terminate an existing relationship.

In my free time I like to do as much as I can. I can be your hook up if you need any Thin Mints.

Education
  • The University of Chicago Law School, J.D., 2008, with honors
  • University of Michigan, B.S.E., 2004, cum laude
Admissions & Experience
  • Ohio
  • U.S. Patent and Trademark Office
  • U.S. District Court for the Northern District of Ohio
Publications
Professional & Civic

Community Activities

  • 3R’s Program, volunteer
  • Legal Aid Brief Advice Clinics
  • Pro Bono Counsel

Professional Activities

  • American Bar Association, Antitrust Section
  • Ohio State Bar Association
  • Cleveland Bar Association
  • International Association of Privacy Professionals (IAPP)