David A. Menken

David Menken represents individuals and businesses in a full range of corporate and commercial matters. He negotiates business transactions including corporate control agreements, mergers and acquisitions, and business development agreements. He also provides legal assistance regarding, among other things, privacy and data security, intellectual property licensing and protection, trade secret protection, software development and information technology issues.

Mr. Menken counsels government and non-profit entities, including fire districts, fire departments and volunteer ambulance corps, on a full range of New York and Federal legal issues, helping them function effectively and satisfy corporate and operational legal requirements — a specialization he continues to cultivate in his role as a volunteer firefighter, EMT and Director with the Bedford Village Fire Department.

His technology law and intellectual property practice deals with matters such as software development, privacy and data security, trademark registration and licensing, and protection of trade secrets. He drafts and negotiates software development and license agreements, formulates privacy and data breach policies which comply with the laws of applicable jurisdictions including New York, California and the European Union, prosecutes trademark applications and litigates trademark disputes before the Trademark Trials and Appeals Board, and assists clients in protecting their valuable intellectual properties and trade secrets.

• Coordinated US legal affairs for an Indian company during expansion of its technology business through acquisition of several companies throughout the United States, including performing due diligence and preparation and negotiation of stock and asset purchase agreements.
• Represented an individual in an agreement to become a partner in a software development business to maximize his interest in the business and his control the intellectual property he developed for the business.
• Negotiated a software development agreement, for a client looking to do business for a Fortune 500 company with superior bargaining power, which protected the client and helped win it the business.
• Represented a New York client in development of a joint venture with an Irish company to produce distance learning programs for the US market.
• Maneuvered a New York online magazine company into position to protect its name as a trademark and to enjoin the owner of a confusingly similar registered trademark from competing in its space.
• Helped preserve the copyright of an author who had written about his experience during the "kindertransport" rescue of Jewish children during WWII.
• Reviewed and updated the privacy and data security practices of a New York internet-based business ensure compliance with the new privacy and protection laws of several states and the European Union.
• Training the staff of a non-profit in the energy field regarding technology and laws affecting their industry and the importance of keeping data secure.
• Redrafted by-laws for several New York volunteer fire and EMS departments and a professional Firefighters' Benevolent Association to better reflect their procedures and to comply with updates to the New York Not-for-Profit Corporation Law.
• Assisted in the transition of a volunteer ambulance company from all volunteer to hybrid paid and volunteer, including preparation of an employee manual and operational policies.

• Menken’s Fire/EMS Law Blog 

• Legal Issues Involving Fire Department Use of Social Media, presented to fire departments and associations in New York State, 2015–present.
• Open Government Issues for Fire Departments and Fire Districts in New York State, presented to fire departments and associations in New York State, 2015–present.
• Government Use of Social Media – The Legal Issues, New York State Cyber Security Conference, Albany NY, June 2014 and 2015.
• Identity Theft, Westchester Allied Professionals, June 2013.
• Government Access Through Social Media – The New Face of Policing, International Technology Law Association, Bangalore, India, January 2012.

• Member, New York State Bar Association
• Justice, Town of Bedford, New York, Justice Court
• Firefighter and EMT, Bedford Village Fire Department
• Member, Westchester Association of Fire Chiefs
• Member, Westchester County Bar Association (co-founder, intellectual property and computer law committee)
• Member, International Association of Privacy Professionals (CIPP/US Certification)
• Information Privacy Professional/US, certified by the International Association Privacy Professionals, indicating proficiency in United States privacy and data security laws