Team:

Andrew S. Updegrove

Partner

AKA: "Andy"

Educational Training

  • Cornell University Law School, J.D., 1979
  • Yale University , B.A., 1975

    History

    Cum Laude

Memberships

  • Massachusetts Bar Association

  • Standards Engineering Society (SES)

  • American Intellectual Property Law Association (AIPLA)

Admissions

  • Massachusetts

Languages

  • English

Social Circles

  • P: 617.350.6800   F: 617.350.6878
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  • Email Me

    Email: andrew.updegrove@gesmer.com

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  • V-card

Like his partners and associates, Andy helps CEOs, management teams and their investors build successful organizations. Regionally, he’s been a pioneer in providing business-minded legal counsel and strategic advice to high-tech companies since 1979.  On the global stage, he’s represented, and usually helped launch, more than 135 worldwide standard setting, open source, promotional and advocacy consortia, including some of the largest and most influential standard setting organizations in the world.  His clients of both types rely on his experience and vision in making their own business and strategic decisions. 

Trusted counsel to entrepreneurs, from concept to commerce

In the course of over 30 years in practice, Andy has counseled many hundreds of startup and emerging high-technology and other fast growth clients of all types - always with the goal of helping them realize the promise and economic value of their ideas. In the course of guiding them, he:

  • critiques business plans
  • advises on structuring their businesses
  • introduces them to financing sources
  • represents them in angel, venture capital and bank financings
  • counsels them on intellectual property programs 
  • advises them on their growth and sale strategies
  • negotiates and closes mergers and acquisitions on their behalf
  • guides them in all other aspects of their legal and business affairs—from inception through liquidity

Andy also has wide experience in representing mature high-technology companies in a broad range of matters, including financings, mergers and acquisitions, and complex intellectual property matters.

Consortia’s go-to lawyer and information source

Andy is recognized internationally as a leading expert on the topics of standard setting, intellectual property policies, consortia governance and open source development.  Since 1988, he has helped launch and represented many of the most important standards consortia, and more recently, open source foundations, in the world - over 135 in all. He has also served as a Board member of many of the most influential organizations of this type, including the American National Standards Institute (ANSI), Free Standards Group (FSG), and the Linux Foundation; as a member of a National Academies of Science committee commissioned by the U.S. Patent and Trademark Office; as a Board of Advisors member of HL7, an accredited EHR standards developer, and of Open Software for America, an advocacy group promoting the use of free and open source software by the U.S. Federal Government; as a Fellow of the OpenForum Academy, a European think tank advocating openness in government processes and data. He also advises Fortune 500 companies in developing their internal standards setting policies and goals; government regulatory agencies in connection with standards-related enforcement matters; and serves as an expert witness in standards-related litigation.

Andy has worked to promote best practices in governance and intellectual property matters relating to standards and open source development for many years.  He is a highly sought-after speaker on these topics around the world, and has provided testimony to the Department of Justice, Federal Trade Commission, Congressional committees, and state legislatures on these topics as well.  His writing in this area includes:

  • www.consortiuminfo.org (conceived and launched by Andy and Gesmer Updegrove in May 2002) provides the most comprehensive and detailed source of news and information on these standards topics on the Internet. The site serves up to a million page views a month to a global audience.   
  • Its companion, Standards Today, is an eJournal of news, ideas and analysis on the topics of consortia and standard setting.  Standards Today is delivered on-line to over 7,000 subscribers at major corporations, government agencies and universities throughout the world. 
  • Filing multiple pro bono "friend of the court" briefs in important standard litigation in the federal District, Circuit and Supreme Courts of the United States on behalf of dozens of standards organizations.
  • Recently, he has turned his hand to writing fiction: his cybersecurity thriller, The Alexandria Project, was published in January of 2012.

A graduate of Yale University and Cornell University Law School, Andy is active in the community as well. He has been a director of the Gloucester Stage Company, the Treasurer and a Director of the Vinalhaven [Maine] Land Trust, a director of LifeBridge, an organization dedicated to ending homelessness on the North Shore of Massachusetts, and the Clerk and Moderator of the Old North Church in Marblehead.  In a prior life, Andy was the founder and owner of a successful architectural stained glass studio.  He continues to be the adoring father of a 23 year-old daughter and the loving husband of a wife whose age is better left unstated.