Andrew Updegrove

Partner

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 225 worldwide standard setting, open source, promotional and advocacy consortia, including some of the largest and most influential standard setting and open source software organizations in the world.  His clients of both types rely on his experience and vision in making their own business and strategic decisions.

 

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 225 worldwide standard setting, open source, promotional and advocacy consortia, including some of the largest and most influential standard setting and open source software organizations in the world.  His clients of both types rely on his experience and vision in making their own business and strategic decisions.

 

Background & Experience

Experience

Andrew Updegrove has a broad range of experience in representing both mature and emerging high-technology companies of all types in all aspects of their legal affairs. Since 1988, he has also represented and in most cases helped structure more than 220 worldwide standard setting, open source, promotional and advocacy consortia, including some of the largest open source and standard setting organizations in the world.  He spends a significant part of his time giving strategic advice to clients of the firm.

More information about Andy

His leadership in collaboration related matters is widely recognized. Since 2004 he has served as the sole representative of the consortium community on working groups updating the United States National Standards Strategy maintained by the American National Standards Institute (ANSI). He has served on the Boards of Directors of ANSI (multiple terms) and its Executive Committee, the Linux Foundation, Workcred, a non-profit promoting and supporting workforce credentialing, and the Free Standards Group, the developer of the Linux Standards Base. He has also served on the Board of Advisors of HL7, an ANSI accredited developer of electronic health standards for clinical and administrative data, Open Source for America, a group promoting the use of open source software by government, and the Center for Open Science, which hosts open research, and is a Fellow of SES, the Society of Standards Professionals, and a charter Fellow of OpenForum Europe, an organization promoting the use of open source and standards throughout Europe.  In 2011, he was appointed to a National Academies of Science Committee commissioned by the U.S. Patent and Trademark Office to advise it on intellectual property policies around the world. His clients in the standards and open source areas include the World Wide Web Consortium (W3C), IETF Trust, The Linux Foundation, and PCI Security Standards Council.

During his career, he has also counseled hundreds of emerging high technology and other fast growth clients with respect to their strategic and legal needs, assisting them in their progress from a concept to a mature company. In the course of this representation, he has critiqued their business plans, advised on structuring their businesses, introduced them to financing sources, represented them in angel, venture capital, bank and public financings, advised them on behalf of their intellectual property programs, negotiated mergers and acquisitions on their behalf, and assisted them in many other aspects of their legal and business affairs.

He has also represented mature companies in many areas, including with respect to financings, mergers and acquisitions, the redeployment of services and assets onto the Internet, and complex intellectual property matters. He is a frequent speaker on the topics of financing, emerging company issues, and mergers and acquisitions.

In the consortium area, he has been retained by many of the largest technology and technology dependent corporations in the world to assist them in setting up international standard setting and technology promotional organizations. He has also advised Fortune 500 companies and governmental agencies with respect to setting internal standards setting policies and goals. Recognized internationally as an expert on the topics of standard setting, intellectual property policies and consortia, he has written and spoken widely, as well as provided testimony to the Department of Justice and Federal Trade Commission, on these topics. He has also written and filed pro bono “friend of the court” briefs in major standards-related litigation before the Federal Circuit Court, the Supreme Court, and the Federal Trade Commission.

In May of 2002, he conceived and launched ConsortiumInfo.org, an extensive website intended to provide the most comprehensive and detailed source of news and information on the Internet on standard-setting and forming and maintaining consortia.  Among other features, it includes the Standards MetaLibrary, with over 1,900 categorized and abstracted articles, and the most complete listing and index of standards organizations in existence. Besides his efforts at the ConsortiumInfo.org Website, he writes and speaks frequently both domestically and internationally on topics involving standards, open source software and consortia.  In 2005 he was selected to receive the ANSI President’s Award for Journalism for his work.

Mr. Updegrove is a graduate of Yale University and the Cornell University Law School. He is a certified mediator, and a member of the Panel of Mediators of the Massachusetts Software and Internet Council. Outside the office, he is or 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 in Salem, Massachusetts), and the Clerk and Moderator of the Old North Church in Marblehead. In a prior life, he was the founder and owner of a successful architectural stained glass studio. More recently, he has authored six thrillers, with over 100,000 downloads.  He continues to be the adoring father of a 32 year-old daughter and the loving husband of a wife whose age is better left unstated.

Advocacy and Interviews

May 24, 2023 – Andrew Updegrove Presented to the U.S. Interagency on Standards Policy.

May 4, 2023 – Whitehouse Summit on the National Standards Strategy for Critical and Emerging Technologies, presenter on “Critical and Emerging Technologies and the International Standards Landscape”

March 17, 2022 – Testimony before the U.S. House Subcommittee on Research and Technology of the House Committee on Science, Space, and Technology: “Setting the Standards Strengthening U.S. Leadership in Technical Standards.

June 22, 2018 – Founding member, The Council on Extended Intelligence, created by the MIT Media Lab and the IEEE Standards Association.

May 17, 2017 – Licensing and Intellectual Property Rights of Open Source – IEEE Open Source Q&A Series

November 23, 2016 – Interview on election cybersecurity with Mass Lawyers Weekly

October 18, 2011 – Participant in interactive meeting between representatives of the AIPLA and representatives of U.S. federal agencies focusing on intellectual property rights aspects of the evolving global standards ecosystem

August 31, 2011 – Appointed to National Academy of Sciences Committee on Intellectual Property Management in Standard-Setting Processes: An International Comparison, sponsored by the US Patent and Trademark Office

June 21, 2011 – Participant in a Federal Trade Commission Roundtable on “patent hold-up” and other competition issues in standard setting.

March 14, 2011 – Standards, Technology and SDOs – Interview in ASTM International’s Standardization News

March 23, 2010 – Oral and written testimony to the U.S. House Committee on Science and Technology’s Sub-committee on Technology and Innovation on re-aligning the role of NIST.

November 12, 2008 – Interview by Tina Gasperson at Linux.com, titled, Portrait: FOSS Legal Leader Andrew Updegrove

April 9, 2008 – Oral and written testimony to the Texas Legislature on the importance of open document formats

February 26, 2008 – Interview by Sean Daly of Groklaw at OpenForum Europe, in Geneva, Switzerland, on the importance of the outcome of the OOXML Ballot Resolution Meeting then being held

September 18, 2006 – Author, friend of the court, pro bono brief filed with the Federal Trade Commission providing guidance on penalties to be administered to Rambus, Inc. for abuse of the standards process.

April 16, 2004 – Author, “friend of the court” pro bono brief filed with the Federal Trade Commission on behalf of eleven major standard setting organizations (representing over 8,600 companies, universities and government agencies) seeking the reversal by the FTC of the decision of an Administrative Law Judge favoring Rambus, Inc.  The FTC’s decision in this action will have profound consequences for all standard setting organizations and their members.

October 26, 2003 – Mass High Tech “Updegrove Makes a Legal Case for Tech Standards Groups,” honoring Andrew Updegrove as the recipient of the 2003 Mass High Tech All-Stars Award in the legal category for his work with standards consortia.

August 5, 2003 – Author, “friend of the court” pro bono brief filed with The United States Supreme Court on behalf of 10 major standard setting organizations (representing over 8,600 companies, universities and government agencies), in an effort to influence the outcome of Infineon v. Rambus, one of the most significant recent cases involving standard setting.

March 14, 2003 – Author, “friend of the court” pro bono brief filed in The United States Court Of Appeals for The Federal Circuit on behalf of six major standard setting organizations (representing over 850 companies, universities and government agencies), in an effort to influence the outcome of Infineon v. Rambus, one of the most significant recent cases involving standard setting.

February 25, 2003 – “@Internet Speed” Boston’s WBIX Business Radio 1060amInterview was part of news talk show “Market Wrap” on companies, people, and trends shaping e-Business.

April 18, 2002 – Testimony at joint hearings held by the Justice Department and the Federal Trade Commission on “Competition and Intellectual Property Law and Policy in the Knowledge-Based Economy,” speaking on the subjects of consortium and standard setting organization intellectual property policies, licensing terms and standards adoption processes.

February 7, 2000 – Massachusetts Lawyers Weekly (28 M.L.W. 1259, Page B5): “Member on the Move” Interview

March, 1991 – InKnowVation (Volume V, Number 7-8): “Handling Software Investment: A Suggested Approach” (Story/interview based on royalty based finance article in the Technology Law Bulletin)

November 19, 1990 – Private Placement Letter (Volume 8, Number 22): “New Approach to Software Investing” (Story/interview based on royalty based finance article in the Technology Law Bulletin)

November 27, 1989 – Soft*Letter (Volume 7, Number 11): “Why Venture Money is Harder to Find” (Interview/story following up on earlier Technology Law Bulletin Article)

Seminars and Speeches

October 13, 2023 – Moderator, Standards Boot Camp program for employees of the National Institute of Standards and Technology (NIST)

October 11, 2023 – Keynoter and Moderator at ANSI World Standards Week 2023 conference, “Synergies and Shared Interests in Standards”

September 26, 2023 – Moderator of a panel titled “Accelerating the Pace of Innovation in Standards Development” at an NIST R&D Standards Summit convened in Washington

April 12, 2023 – Panelist at a Boston Tech Club Faculty Working Group event focusing on Standard Setting and CHIPS Strategy

May 13, 2021 – Presenter in a seminar for employees of the National Institute of Standards and Technology (NIST) standards development, focusing on the role of consortia in the standards development infrastructure

November 7, 2019 – Presenter on copyright issues confronting standards developers at the American National Standards Institute (ANSI) World Standards Week meetings

August 9, 2019 – Presenter at Annual Meeting of the Society for Standards Professionals in Montreal, Canada

March 23, 2019 – Presenter at Open Source Pharma in Paris, France

March 15, 2019 – Participant/presenter in European Commission Workshop in Brussels

October 18, 2017 – Presenter at ANSI Legal Issues Forum

September 8-9, 2016 – Presenter at The Changing Competitive Environment: Standards and the Digital Economy/IoT – Implications for Policy and Teaching, a NIST workshop at Harvard

August 11, 2016 – Presenter at An Industry Update on Intellectual Property Issues – A Bird’s Eye View and Interactive Workshop in Denver, Colorado

August 8, 2016 – Presenter at Fundamentals of Standards and Conformity Assessment: Basic Knowledge and Tools for Today’s Professional, Denver, Colorado

May 5-6, 2016 – Presenter, The Convergence of Open Standards and Open Source, and Moderator, Fourth Annual Research Roundtable on Technology Standards, Northwestern/Pritzker School of Law, Chicago

April 15, 2016 – Moderator, Open Source, Open Standards, Open Minds, Washington, D.C., “IPR Policies and the Business of Standardization”

December 18, 2016 – Presenter, Webinar, Intellectual Property Owners, “The Convergence of Open Source and Open Standards”

September 1 – 3, 2-16 – Presenter, Second Annual Global Open Source Pharma Conference, Marburg, Germany. “Successful Open Development: What Can the Open Source Experience Teach us?”

February 24, 2015 – Presenter, Webinar, “Forming Open Source Software Foundations”

September 24, 2014 – Presenter, Webinar, “Convergence of Open Source Projects and Standards Development,”  Society for Standards Professionals

August 12, 2014 – Presenter, Society for Standards Professionals Annual Meeting, Cybersecurity Standards for a Moving Target, Ottawa, Canada

April 9, 2014 – Keynote Speaker, CASRAI, The Role & Importance of Standards Setting Consortia in Collaborative Sectors, Washington, D.C.

March 6, 2014 – Panelist, ANSI, Changes to the Office of Management and Budget (OMB) Circular A-119

February 18, 2014 – Speaker, COPPA (a standing committee of the National Academies of Science), “Business Plans for Successful Standards Development,” Washington, D.C.

April 25, 2013 – Speaker, EU Parliament briefing, “Improving Cybersecurity in Europe, Brussels, Belgium

April 24, 2013 – Speaker, Bringing the Cloud Down to Earth, European Committee on Interoperable Systems Symposium, Brussels, Belgium

April 24, 2013 – Remote Speaker, International Telecommunication Union (ITU) 2013 Kaleidoscope meeting, Kyoto, Japan

February 13, 2013 – Speaker, Growth, Innovation and Competitiveness, Organization for Economic Cooperation and Development (OECD) Symposium, Paris, France

December 3-4, 2012 – Speaker, “A Policy Framework for Knowledge Based Capital,” National Academies workshop, Washington, D.C.

November 8, 2012 – Speaker at NIST Workshop, Standards Policy and Practices for Federal Agencies

October 3, 2012 – Co-presenter/Author -“Policies, Practices, and Experience of Leading Standards Organizations,” at a National Academy of Sciences workshop in Washington, D.C.

September 25, 2012 – Speaker, OpenForum Europe Summit, Brussels, Belgium

March 27, 2012 – Panelist, ABA-CLE Webinar: Three Faces of Frand: The Evolving Understanding of Licenses for Standards Essential Patents

January 19 – 21, 2012 – Panelist, Standards, Patents and Innovation Conference, Tucson, Arizona

October 13, 2011 – Panelist, ANSI annual Legal Issues Forum 2011, Washington, D.C.

September 16, 2011 – Co-Presenter, standards development Webinar, What you Should Know before Starting a Standards or Trade Association, focusing on setting up a successful standards organization

May 26, 2011 – Symposium participant, “Recent Developments on F/OSS and Standardization,” Stanford University Law School, Palo Alto, California

May 12, 2011 – Panelist, ANSI workshop, Standards Wars: Myth or Reality?, Washington, D.C.

April 15, 2011 – Co-Presenter, standards development Webinar, Establishing a Technical Process, focusing on setting up an effective standards development technical process

February 4, 2011 – Lead speaker, OpenAcademy Europe government Roundtable Discussion, Brussels, Belgium

June 1, 2010 – Keynote Speaker, 6th International Conference on Open Source Systems, Notre Dame University (Topic: “The Future of F/OSS:  Questions, Challenges and Opportunities”)

May 17, 2010 – Speaker, Law Seminars International Cloud Computing conference, Seattle, Washington (Topic: “Perspectives on Cloud Governance Through Standards Setting Organizations”)

July 17, 2010 – Co-Presenter, standards development Webinar, “Right from the Start,” focusing on establishing successful standards consortia

December 12, 2008 – Speaker, ABA Antitrust Law Section program entitled “Balancing the Risks and Rewards in Consortia”

November 21, 2008 – Speaker and moderator, “Standards for Standards Summit” at Yale Law School (Topic:  Addressing Intellectual Property Rights Challenges)

November 7, 2008 –  Panelist, The Power of Procurement conference, in Brussels, Belgium, speaking on government procurement practices in the area of information and communications technology

June 13, 2008 – Panelist at the Fifth Annual E-Commerce Best Practices Conference at Stanford Law School (Topic: Patent Best Practices of E-Commerce Businesses)

June 3, 2008 – Panelist at a Boston Entrepreneurs Network program titled Exit Strategies – Cashing In (Topic:  Preparing and Structuring the Emerging Companies for a Successful Sale)

April 22-23, 2008 – Co-moderator at the Linux Foundation’s 2008 Legal Summit for in-house counsel, at Schaumberg, Illinois.

April 9, 2008 – Co-moderator, “Open Source Legal Issues for Non-Lawyers” workshop at the Linux Foundation Collaboration Summit in Austin, Texas

March 25, 2008 – Panelist, “Open Source Business Conference (OSBC)” in San Francisco, quizzing Microsoft General Counsel Brad Smith on Microsoft’s position on patents and interoperability

March 19, 2008 – Webinar interview of Dan Ravicher, Legal Director of The Software Freedom Law Center (Topic: Trends in Recent Open Source Legal Cases)

March 13, 2008 – Moderator at “Open Source Mobile” workshop in San Francisco (Topic: Open and closed content and the interaction of digital rights management with mobile open source software)

February 28, 2008 – Keynote panelist at Open Forum Europe event in Geneva, Switzerland (Title: “Standards and the Future of the Internet”)

November 28, 2007 – Keynote Speaker, moderator and panelist in Beijing, China, at “IP China 2007,” sponsored by the Ministry of Information Industry and the Ministry of Science and Technology (Topic:  Finding the proper balance between public technical standards and private intellectual property)

October 25 – 26, 2007 – Co-moderator of the Linux Foundation Legal Summit, in Boston, Massachusetts (Summit focus:  building a legal defense infrastructure for Linux and evolving intellectual property rights policies optimized to support open development models)

September 20, 2007 – Speaker at “SD Best Practices 2007” (Topic: Open Source and Freedom: Why Open Standards are Crucial to Protecting Your Linux Investment)

June 13 – 15, 2007 – Moderator, legal issues panel at the first Linux Foundation Collaboration Summit, Mountain View, California

May 30, 2007: Speaker and moderator in Beijing, China at “U.S. – China Symposium on Active Industry Participation in Standardization,” a conference jointly sponsored by the American National Standards Institute and the Standards Administration of China (Topic: “Non-Accredited Processes and their Role in the Global Economy”)

April 18 – 20, 2007: Keynote Speaker in Beijing, China, at “Government Interoperability Frameworks for Asia Pacific Countries,” a conference organized by the United Nations Asia Pacific Development Programme and the Open Content and the International Open Source Network

April 18, 2007 – Keynote Speaker in Beijing, China, at “Government Interoperability Frameworks for Asia Pacific Countries,” organized by the United Nations Asia Pacific Development Programme and the Open Content and the International Open Source Network

April 17, 2007: Speaker in Beijing, China, at a conference sponsored by China’s Ministry of Commerce, Sun Microsystems, and China’s State Intellectual Property Office. The conference is titled Building Economic Strength and Social Benefit: Openness as a Collaborative Advantage.  (Topic:”Current Infrastructure: Myth vs. Reality”)

November 3, 2006 – Keynote Speaker at “Open Standards, IPR and Innovation,” a conference in Beijing, China, sponsored by the Chinese National Institute of Standardization (Topic: “Definitions and Values of Open Standards”)

October 20, 2006:  Discussion leader at “User Perspective on OpenDocument Format (ODF)”,  a TransAtlantic Consumer Dialogue (TACD) conference  hosted by the Berkman School for Internet & Society, Harvard Law School.  The TACD is a consultative forum to the United States Government and the European Commission

June 20 – 21, 2006: Moderator at an Open Forum for Standards Developers in New York City, organized by the American National Standards Institute (ANSI)

June 1, 2006 – Speaker representing the Free Standards Group, of which he is a director, at a meeting convened by the ISO and IEC in Geneva, Switzerland on “Patent and Copyright Policies – New Challenges.” (Topic: The Intersection of Open Source and Open Standards)

May 25, 2006: Presenter in a Webinar presented by the Open Legal Standards Initiative as part of a symposium on Legal Process Metrics Innovation

May 2, 2006 – Presenter and moderator at a Massachusetts Technology Leadership Council program titled “Tech Trends: Evolving Technology Standards”

March 28, 2006 – Speaker and moderator at a meeting of the Massachusetts Government Information Systems Association. (Topic: the current controversy over the implementation of the OpenDocument Format (ODF) standard).

March 13-14, 2006 – Panelist at a conference focusing on policy and economic issues relating to developing open standards for e-Health and manufacturing applications, organized by and held at the headquarters of the National Institute of Science and Technology (NIST)

March 2, 2006 – Panelist, Boston PHP, addressing the intersection of open source software and open standards.

February 15, 2006 – Moderator at Open Source Business Conference, San Francisco (Panel topic: “Open Source and Standards Revisited”)

October 11, 2005 – Featured speaker and a case study panelist, WPI Venture Forum (Topic:  “Common Entrepreneurial Mistakes”)

October 6, 2005 – Speaker in Washington, D.C. at the Annual Conference of the American National Standards Institute (ANSI).  Conference theme: “Standardization and the Law.”  (Topic:  “Current Issues in Intellectual Property Law and Open Source Software”)

October 5, 2005 – Organizer, speaker and moderator at a conference held in Washington, D.C. during World Standards Week, titled “Standard Setting in a Changing World:  The growing influence of Europe and Asia.”  The firm and ConsortiumInfo.org were co-sponsors of the conference

September 22 – 23, 2005 – Speaker at a conference at Stanford Law School entitled “Standardization and the Law: Developing the Golden Mean for Global Trade.”   (Topic: “Societal and Economic Implications of International and Legal Standards”)

May 23, 2005 – Featured speaker at the monthly “Seat at the Table” series, speaking on the topic “What Directors Need to Know about Standards.”

May 4, 2005-   Speaker at Location Technology and Business Intelligence 2005, an industry conference held in Philadelphia.  (Panelist, “Location Technology-Business Intelligence Obstacles – Interoperability & Collaboration” and closing plenary session: “From Location Technology to BI – Emerging Technology Trends.”)

April 19, 2005 – Panelist in Tucson, Arizona at the American National Standards Institute Company Member Forum conference.   (Program topic:  “Standards Future Shock.”)

April 3, 2005 – Speaker at the annual meeting of the Association of Aerospace Standards Uses at the Kennedy Space Center.  (Topic:  Recent Legal Developments in the Standards Area.)

March 30, 2005 –  Speaker in Washington, D.C. at the annual meeting of the American Bar Association Antitrust Section (Topic:  “Structuring and Counseling Special Purpose Consortia, Forums, and Alliances.”)

March 11, 2005 – Speaker at “Perspectives on Best Practices in Technology Standards Setting”, at MIT.  ConsortiumInfo.org is a sponsor of this event.  (Topic:  “Best Practices in Creating a Technical Process.”)

February 9, 2005 – Speaker in  the University of Massachusetts Advanced Technology & Manufacturing Center’s Entrepreneur’s Speaker Series.  (Topic:  10 Critical Legal Questions for any Startup.”)

October 18, 2004 – Speaker at the Annual Meeting of the Licensing Executives Society (USA and Canada).  (Topic:  “From Life Sciences to Telecom: What you Need to Know About Standard Setting Organizations and Consortia.”)

September 16, 2004 – Speaker at “The Future of Standards Setting – Legal, Marketplace, and Consumer Implications,” a conference held in Washington D.C. and organized by the United States Chamber of Commerce (Topic:  “Will Clearer Rules in Standards Setting Solve all Problems?”)

September 14, Wrap-up speaker at “Open Source – Open Standards,” in Scottsdale, Arizona.  The conference was organized and sponsored by leading open source organizations and vendors.

August 17, 2004 – Speaker in Ottawa, Ontario, at the Annual Meeting of the Standards Engineering Society (Topic: “Standards Trends of the Future.”)

February 2, 2004 – Keynote Speaker at the three-day 2004 Annual Meeting of the Standards Publishers Advisory Board, in Clearwater, Florida, addressing the conference’s theme of “Twenty-first Century Standards Trends”. Attendees at the conference included representatives of over 45 of the most influential standards bodies around the world.

November 20, 2003 – Panelist, MIT Concept Clinic

June 17, 2003 – Featured speaker at “Managing Effective International Channels”, a seminar sponsored by LGU, Silicon Valley Bank and The York Group in Newton, MA.  (Topic:  “International Channel Legal Issues”)

April 29, 2003 – Featured presenter: “What Rambus v. Infineon Means To You – A Crucial Case For Standards Groups,” webinar sponsored by Virtual Inc

December 12, 2002 – Featured speaker, “The Nature and Future of ICT Standardization”, a two-day conference sponsored by MIT, the US Department of Commerce, and the Information Technology Industry Council (Topic: “Evolving the Governance and Structure of Consortia to Maximize the Effectiveness of Standard Setting”)

November 15, 2002 – Speaker and Moderator, “Consortia and Standard Setting,” Massachusetts Continuing Legal Education conference on E-Commerce and the Internet

November 7, 2002 – Speaker, “What You Need to Know About Antitrust Laws and Consortium Participation” International Imaging Association Annual Meeting, Long Boat Key, Florida

September 25, 2002 – Panelist, CapitalVenue, Presentation on the current state of Venture Capital Investing in New England

July 22, 2002 – Speaker, “Intellectual Property Rights Policies: a Call to (Lay Down) Arms” The Open Group conference, “Boundaryless Information Flow: The Role of Web Services”

March 7, 2002 – Speaker, “The ABCs of Angel Investing” Seminar for State Street Bank Global Advisors private asset managers

March 5, 2002 – Speaker, “Where’s the Money? A Survey of Massachusetts VC Funds,” investor seminar organized by Stybel-Peabody Lincolnshire

May 17, 2001 – Organizer and Facilitator, “Entrepreneur Peer-to-Peer Forum for High Tech Executives” co-sponsored with Grant Thornton. An executive round table event for CEOs, CFOs and Presidents of emerging companies

November 9, 2000 – Speaker, “Merger, Acquisition, Fund-Raising or IPO? How Will Your Company Grow?” (Topic: “Capital Structures and Planning for a Transaction”)  All day seminar co-sponsored by RCW Mirus, the Massachusetts Telecommunications Council, Massachusetts Software and Internet Council, MIMC and Boston Digital Industry

October 25, 2000 – Speaker, “Intellectual Property Rights and Standardization Forum” in Washington, D.C. (Topic: “Attributes Leading to the Success or Failure of Consortia”) All day Government/Industry conference sponsored by the OpenGroup

October 12, 2000 – Panelist, “Raising Capital in the Explosive Telecom Industry” (Topic: “Business and Legal Perspectives on Raising Capital”) Massachusetts Telecommunications Council

September 6, 2000 – Panelist, MIT Startup Clinic

May 10, 2000 – Speaker, “Standard Setting Organizations-Issues and Trends” MA Bar Association High Technology Practice Group

March 1, 2000 – Presenter, “The Law of the Internet in Massachusetts” All day seminar presented by the National Business Institute.

March 1, 2000 – Presenter, “Setting Up a Business in Cyberspace” The People’s Law School Seminar Series, cosponsored by the Boston Bar Association and the Boston Public Library

January 12, 2000 – Panelist, “Charting a Successful Career Path” Boston Bar Association Young Lawyers seminar

December 1, 1999 – Organizer and panelist, How to Develop and Use a Board of Directors or Advisors” Massachusetts Telecommunications Council

September 9, 1999 – Organizer and presenter, seminar on the impact of new FASB Opinion 25 on non-employee and director stock options; sponsored by EmployeeService.com

September 8, 1999 – Moderator, “What Makes a Company Attractive to Investors?” Massachusetts Telecommunications Council

March 9, 1999 – Organizer, moderator and presenter, “Mergers & Acquisitions for Technology and High-Growth Companies” All day seminar given by the Cambridge Institute

March 1, 1999 – Presenter, “Management, Team Building and Compensation Issues” (topic: “Allocating Equity, Compensation and Responsibilities among Founder Groups”) Massachusetts Telecommunications Council

January 25, 1999 – Moderator, “How and When to Build a Sales and Marketing Force” Massachusetts Telecommunications Council

July 7, 1998 – “Starting up a New Company the Right Way” Harvard [University] Entrepreneurial Group

April 6, 1998 – “Dos and Don’ts for the Emerging Company” Silicon Valley Bank Executive Seminar

January 13, 1998 – “What to Do – and Not Do – to Get Ready to Successfully Sell Your Company” Massachusetts Telecommunications Council (Moderator/Organizer)

1993 to 1997 – Moderator, Multimedia forum, Counsel Connect on-line legal service

May 21, 1997 – “Structuring Mergers and Acquisitions – Gaining the Advantage” Seminar sponsored by Arthur Anderson and others on valuations and acquisitions

May 3 – 4, 1997 – Featured speaker at Fusion ’97, the Microsoft Business Partners convention in Orlando, Florida.  Several presentations on “Mergers and Acquisitions” and “Effective Business Plans”

May 2, 1997 – “The Who, What, When, Where, Why (and How) of Mergers and Acquisitions” Seminar for divisional presidents of Fortune 100 multinational company growing rapidly by acquisitions

March 3, 1997 – Texas Lawyer: “Is Your Firm Led or Managed?”

December 16, 1996 – New Jersey Law Journal (Page 36): “Big Six Horns In” [reprint of following article]

November, 1996 – The American Lawyer: “Big Six Horns In” [on large accounting firms competing with law firms for legal business]

November 13, 1996 – Massachusetts Telecommunications Council (Moderator/organizer): “Speeding the Sales Cycle – Getting Legal to work with Sales”

October 15, 1996 – New Exporters to Border States presentation: “Accessing the United States Software Market;” Canadian Consulate, Boston

October, 1996 – The American Lawyer: “Deadwood or Betrayed Trust?”

September 23, 1996 – Legal Times [of Washington, D.C.]: “Rainmakers and Deadwood”

August, 1996 – Corporate Counsel: “A Piece of the Action”

June 24, 1996 – Legal Times [of Washington, D.C.]: “The True Meaning of Partnership”

June 14, 1996 – The [San Francisco] Recorder: “Would You Walk a Mile for Joe Camel?” [on the propriety of representing tobacco companies]

June, 1996 – Counsel Connect: “Virtual Book Tour: Multimedia Law and Business Handbook” Panelist in on-line seminar

March 26, 1996 – Massachusetts Bar Association Panelist: Job Opportunities for Young Lawyers

February 29, 1996 – Massachusetts Telecommunications Council (Moderator/organizer): “Free Speech on the Internet”

November 27, 1995 – New Exporters to Border States conference: “Accessing the United States Software Market;” Canadian Consulate, Boston

November 15, 1995 – Massachusetts Telecommunications Council (Moderator/organizer): “Annual Regulatory Update”

August, 1995 – Counsel Connect: “Starting a Law Firm” Panelist in on-line seminar

April 4, 1995 – Massachusetts Software Council: “Legal Guidelines for Venture Capital and Private Placement Financings”

April 1995 – The American Lawyer: “A Marketplace in Turmoil” (exchange edited by Stephen Brill and Karen Dillon)

February 19, 1996 – Legal Times [of Washington, D.C.] (Page 44): “PR Firms: Any Bang for Your Buck?”

February 15, 1995 – Massachusetts Telecommunications Council (Moderator/organizer): “Emerging Telecom Company Issues”

October 5, 1994 – Massachusetts Telecommunications Council (Moderator/organizer): “International Issues Facing the Telecommunications Industry”

June 16, 1994 – National Institute for Standards and Technology (NIST)/ Kennedy School; presenter at Washington, D.C conference on Standard Setting for the National Information Infrastructure: “Lead, Follow (or Get Out of the Way): The Role of Government in Standard Setting”

March 29, 1994 – Massachusetts Software Council: “Legal Disclosure Rules in Financings”

March 2, 1994 – Massachusetts Telecommunications Council (Moderator/organizer): “Legal Issues Impacting the Telecommunications Industry”

February 15, 1994 – Canadian New Exporters to Border States Group: “Some Observations (and Suggestions) Regarding the Software Industry”

August 24, 1993 – Ontario Software Exporters Seminar: “Financing Strategies for Software Companies”

April 30, 1993 – Software Industry Association of Nova Scotia (Halifax): “Lessons to be Learned from the US Software Industry”

March 16, 1993 – Harvard/Kennedy School of Government Working Group on Technology and Innovation: “Legal and Structural Issues of Establishing High Technology Consortia”

January 30, 1993 – Massachusetts Bar Association Midyear Meeting: “Organizing and Financing Start-up Companies”

August 16 – 17, 1992 – Consortia Conference participant, Squaw Valley, Nevada: “Legal Aspects of Consortia Organization and Operation”

July 22, 1992 – Object Management Group/ObjectWorld Trade Show and Conference (San Francisco): “Legal Aspects of Object Oriented Programming”

March 26, 1992 – LORAC Group seminar: Solutions and Strategies for Software Companies: “Creative Financing for Software Companies”

March 3, 1992 – Ontario Software Exporters Conference: “Finding Venture Capital”

December 19, 1991 – Boston Computer Society: Consultants and Entrepreneurs Group: “Legal Issues in Partnering, International Expansion and Funding”

November 19, 1991 – 88open Consortium European Annual Meeting (Amsterdam): “Gaining Access to the US Software Market”

January 13, 1991 – Inventors Association of New England: “Financing Product Development through Royalties”

October 23, 1991 – Seminar for visiting Nova Scotia Technology Partners on “Current Issues in the Software Industry”

September 23, 1991 – “Softworld” conference and CADAPSO annual meeting in Vancouver, Canada: “Royalty Based Financing”

June 14, 1991 – Seminar for visiting New Brunswick Technology Partners on “Current Issues in the Software Industry”

March 27, 1991 – Seminar for Connecticut Innovations, Inc., a Connecticut quasi-public development fund, and local venture capitalists, on royalty based financing techniques

March 13, 1991 – Government of Ontario Software Product Conference; “Royalty Based Financing”

February 27, 1991 – 88open Consortium Ltd. Annual Meeting Conference (San Jose, California): “Shrinkwrapped Software Licensing Issues”

February 14, 1991 – 128 Venture Group: “Royalty Based Financing”

January 30, 1991 – Massachusetts Continuing Legal Education seminar: “Intellectual Property for the Business Lawyer (Performing Due Diligence on Technology Companies)”

January 15, 1991 – Boston Bar Association/High Tech Subcommittee seminar: “Royalty Based Financing”

November 30, 1990 – Boston Computer Society Consultants & Entrepreneurs’ Group: “Solving the Problems of Early-Stage Growth”

April 7, 1990 – SBANE/SBA sponsored seminar: “Marketing and Selling Professional Services”

January 22, 1990 – BosTEN combined CEO roundtable group meeting: “Recent Changes in Patent and Licensing Laws and Their Impact on Business Strategies”

November 30, 1989 – MIT seminar: “Stock, Money and Control”

November 1, 1989 – Boston Chamber of Commerce Business Expo seminar: “The Search for Equity Capital” (Private Placements and Initial Public Offerings)

September 6, 1989 – ProMicro(Boston): “Venture Capital Financing-When to Look for It, How to Prepare for It, and How to Live with It”

June 8, 1988 – Seminar for Growing Companies: “Sources and Techniques of Second-Round Financings”

December 12, 1987 – Boston Business Club: “Sources and Structures of Financing”

October 15, 1987 – Boston Bar Association: “Financing For Growing Companies (Negotiating the Venture Capital Deal)”

Publications

Periodic – Standards Today (formerly the Consortium Standards Bulletin), an eJournal of news, ideas and analysis on the topics of standards and standard setting.  Standards Today was distributed electronically to over 7,500 subscribers from 2003 to 2013, comprising 67 issues in all..

November/December 2015 – A Practical Guide to Patent Policies of Standards Development Organizations, Co-author with Jorges Contreras. Social Science Research Network (Standards Engineering, Vol 67(6), Nov/Dec 2015)

January/February 2015 – In Praise of Curation, Cyberspace Lawyer

December, 2014 – Introduction to Research on Open Innovation, OpenForum Academy

July, 2014 – Chapter: “’Openness’ and the Pursuit of Knowledge;” contributed to Thoughts on Open Innovation, OpenForum Academy Conference

October 3, 2012 – Paper: With co-author Professor Rudi Bekkers: “Policies, Practices, and Experience of Leading Standards Organizations,” report commissioned by the National Academy of Sciences as part of a study for the U.S. Patent and Trademark Office.

September 24, 2012 – Article: Openness and Legitimacy in Standards Development, Proceedings of the First OpenForum Academy Conference.

May 10, 2011 – Article: Governments Can Make the Semantic Web a Reality, in MHT, the Journal of New England Technology.

January 5, 2011 – Article: Open Source Needs Firm Foundations, in MHT, the Journal of New England Technology.

September 2, 2011 – Chapter: ICT Standards Setting Today: A System under Stress, in Opening Standards: The Global Politics of Interoperability (The Information Society Series), Laura DeNardis, ed., MIT Press.

September 29, 2010 – Article: Hidden Costs of a Closed IPO Window, in MHT, the Journal of New England Technology.

June 23, 2010 – Article: It’s Time for Innovation in Startup Financing, in MHT, the Journal of New England Technology.

April 28, 2010 – Article: Entrepreneurs Must Plan for Shifts in App Distribution, in MHT, the Journal of New England Technology.

November 4, 2009 – Article: The State of Open Source at 25, in MHT, the Journal of New England Technology.

July 2, 2009 – Article, After the iPhone App Rush:  the Future of Mobile Applications, in MHT, the Journal of New England Technology.

March 13, 2009 – Article: Don’t Panic – the worst is already behind, in MHT, the Journal of New England Technology.

January 16, 2009 – Article, Venture Financing Dries Up (What’s the Bad News?), in MHT, the Journal of New England Technology.

December 12, 2008 – Article, Startup founders:  Success requires risk and sacrifice, in MHT, the Journal of New England Technology.

October 24, 2008 – Article, Innovation Past and Future:  Remembering Alex d’Arbeloff, in MHT, the Journal of New England Technology.

August 8, 2008 – Article, Second-Mover Advantage in Green Design, in MHT, the Journal of New England Technology

May 16, 2008 – Article, Some Recession Advice for the Startup CEO, in MHT, the Journal of New England Technology

March 14, 2008 – Article, iPhones and App Stores:  Steve Jobs Does it Again, in MHT, the Journal of New England Technology

February 8, 2008 – Article, “Going Mobile: The Year of the Smartphone Startup,” in MHT, The Journal of New England Technology.

December 10, 2007 – Article, “M&A casualties can be avoided with proper planning”, in MHT, The Journal of New England Technology

December, 2007- A Guide and Review of Government Interoperability Frameworks, United Nations Development Programme Study Group on eGovernment Interoperability (co-author, and member of the UNDP Study Group)

October 26, 2007- Editorial, “Measuring the Value of Software Patents Versus Innovation,” MHT, The Journal of New England Technology.

September 2007- The Golden Mean (The Standards Edge Series, Vol 5), Sherrie Bolin, ed. (Sheridan Books, Ann Arbor, MI). Contributed chapters:  “A Work in Progress: Government Support for Standard Setting in the United States, 1980 – 2006” and “The Yin and Yang of China’s Trade Strategy: Deploying an Aggressive Standards Strategy under the WTO”

August 2007 –  “Structuring Equity Compensation, Bonuses,” and “Employment Contracts for Management Team Executives of VC Funded Companies,” ReedLogic videos

July 13, 2007-  Editorial, Massachusetts and Open Office XML: The World is Watching, MHT, The Journal of New England Technology

June 4, 2007- Article, ICT Standard Setting Today: a System Under Stress, First Monday, a peer-reviewed Internet journal.  Issue title: Cyberstructure for Collaboration and Innovation.

May 31, 2007 – Article, “Essentials of Legal Blogging,” republished in TechnoFeature

May 2007 –  What Venture Capital Deal Terms Mean for the Entrepreneur, ReedLogic videos

May 2007 – Boston Bar Journal: “Essentials of Creating a Successful Legal Blog”

November 17, 2006 – Op/Ed article for MHT, the Journal of New England Technology:  “A State’s Sordid Treatment of Two Public Servants”

October 27, 2006 – Annual Mass All Stars issue of Mass High Tech: “Some Likely Wellsprings for the All-Stars of Tomorrow”

December 2005 – The Standards Forum and Standards Actions, a monthly eJournal of the Department of Energy, Editorial:  A Call for Greater Collaboration

November 21, 2005 – Mass High Tech Guest Column: “State House: City on a hill or Tammany Hall?” (on an impending technology battle in the Massachusetts Legislature)

September 26, 2005 – Mass High Tech Guest Commentary:  “Regional Disadvantage:  Technologists Don’t See the Big Picture”

September 2005 – Display Standard (Vol. 1, No. 3). “A Call for Greater Collaboration”

August 2005 – Display Standard (Vol. 1, No. 2). “Coping with an Expanding Universe of Information”

June 2005 –  Future Generation (The Standards Edge Series, Vol. 4), Sherrie Bolin, ed. (Sheridan Books, Ann Arbor, MI). Articles: “Who Should Govern the Internet?” and “A Look Into the Future”

May 2005 – Display Standard (Vol.1, No.1). Editorial:  “Standards Matter”

December 2004 –  Open Source – Open Standards (The Standards Edge Series, Vol. 3), Sherrie Bolin, ed. (Sheridan Books, Ann Arbor, MI). Article: “Open Source Comes of Age”

November/December, 2004: Standards Engineering, the Journal of the Standards Engineering Society (Vol. 56, No. 6):  “Finding Order in a Chaos of Consortia”

December 2003 – Dynamic Tension (The Standards Edge, Vol 2), Sherrie Bolin, ed. (Sheridan Books, Ann Arbor, MI). Two articles: “Best Practices in Standard Setting” and “Darwin, Standards and Survival”

August 25, 2003 – Mass High Tech Guest Commentary:  “Why you should care whether the Supreme Court intervenes in Standards Case”

June 2003 – Indus Business Journal (Volume 3, No. 6), FOCUS: Venture Capital: “First-timers Take Heed – Lawyers Can Help Land Plump Deal”

December 2002 – The Standard’s Edge,  Sherrie Bolin, ed. (Sheridan Books, Ann Arbor, MI).  Three articles: “Evaluating Whether To Join A Consortium”, “Maximizing The Value of  Consortium Participation” and “Is there A Need For Government Regulation Of The  Standard Setting Process?”

April 18, 2002 – Written testimony submitted at joint hearings of the Department of Justice and Federal Trade Commission on Competition and Intellectual Property Law and Policy in the Knowledge-Based Economy: “Observations on the Current Dynamics of Consortium Standard Setting”

April 18, 2002 – Written testimony submitted at joint hearings of the Department of Justice and Federal Trade Commission on Competition and Intellectual Property Law and Policy in the Knowledge-Based Economy: “Is There a Need for Government Involvement in the Standard Setting Process?”

January 2002 – LGU Publications: “Where’s the Money? A Survey of Massachusetts Venture Capital Funds”

Sept/Oct, 1999 – Florida Business Insight (Volume. 3, Number 5): “Breaking Up the Lawyers’ Monopoly on Legal Services”

February 5, 1999 – Washington Legal Foundation (Volume.14, Number. 5): “Time to Break Up the Lawyers’ Monopoly on Legal Services” [Position Paper circulated to legislators, bar associations, etc. nationally]

Summer, 1997 – Lawyers’ Business Journal: “The Law Firm of the Future” [Reprint of Recorder article]

October, 1996 – Intellectual Property [magazine] [San Francisco, CA] (Page 4): “Firms of the Future” [Reprint of Recorder article]

June 24, 1996 – Legal Times [of Washington, D.C.] (Page S51): “Quiet Revolution in Business Law”

June 12, 1996 – The [San Francisco] Recorder (Page 4): “Firms of the Future”

December, 1995 – StandardView (Volume 3, Number 4): “Standard Setting and Consortium Structures”

May, 1995 – Geo Info Systems (Volume 5, Number 5): “Setting Standards on Firm Foundations: Consortia Structures and Consensus Building”

June, 1994 – Kennedy School/National Institute of Standards and Technology “Consortia and the Role of Government in Standard Setting”

March, 1994 – Computer Lawyer (Volume 11, Number 3) “Forming and Representing High-Technology Consortia: Legal and Strategic Issues”

December, 1993 – IEEE MICRO (Page 52): “Forming, Founding and Funding Standard-Setting Consortia”

Sep/Oct, 1993 – Mergers and Acquisitions Today (Page 4-7): “Selling the Software Company”

February, 1993 – Software Success (Volume 7, Number 2): “Project/Royalty Financing – A New Approach to Software Investments”

September, 1989 – BCS Enterprise: “Industry Associations” (Boston Computer Society Consultants and Entrepreneurs Group Journal)

February, 1988 – High Technology Business (Page 17): “Investors Gain Clout: New Rules Give Venture Capital Greater Control”

Education/Training

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

Contact Andrew Updegrove

Memberships

  • Standards Engineering Society (SES)
  • American Intellectual Property Law Association (AIPLA)

Admissions

  • Massachusetts
Awards & Accolades
2023 New England Super Lawyers

The Super Lawyers selection process includes independent research of professional accomplishments, peer nominations and peer evaluations

US News & World Report Best Lawyers 2023

US News & World Report

2022 New England Super Lawyers

Super Lawyers

2021 New England Super Lawyers

Super Lawyers

2020 New England Super Lawyers

Super Lawyers

2019 New England Super Lawyers

Super Lawyers

2018 New England Super Lawyers

Super Lawyers

Best VC Lawyers in Boston

Digital Industry News

Mass All Stars

Mass High Tech, the Journal of Technology in New England

Awards & Accolades
2023 New England Super Lawyers

The Super Lawyers selection process includes independent research of professional accomplishments, peer nominations and peer evaluations

US News & World Report Best Lawyers 2023

US News & World Report

2022 New England Super Lawyers

Super Lawyers

2021 New England Super Lawyers

Super Lawyers

2020 New England Super Lawyers

Super Lawyers

2019 New England Super Lawyers

Super Lawyers

2018 New England Super Lawyers

Super Lawyers

Best VC Lawyers in Boston

Digital Industry News

Mass All Stars

Mass High Tech, the Journal of Technology in New England