Michelle Hon Donovan is a team lead for the Duane Morris Technology, Media and Telecom Industry group. She is a commercial lawyer, specializing in intellectual property, privacy, data protection, artificial intelligence, technology transactions and other commercial contracts. Ms. Donovan’s clients represent a wide range of industries, including pharmaceutical and biotechnology, high-end consumer electronics, software, artificial intelligence, automotive, music, cosmetics and personal care products, real estate development, education, staffing, food and beverage, cannabis, and social networking.

Intellectual Property

Ms. Donovan’s intellectual property matters include:

  • Trademark
  • Copyright
  • Domain Names
  • Social Media
  • Advertising
  • Unfair Competition
  • Licensing

Ms. Donovan handles both prosecution and enforcement of trademarks and copyrights.  This includes assisting brand owners in developing global brand protection strategies, domestic and international filing, and international opposition and enforcement strategies.  She also advises clients on transactional and compliance matters specific to advertising and digital marketing.  Recognizing the value of achieving prompt resolutions to disputes and avoiding costly litigation, Ms. Donovan has often used her skills, judgment, and creativity to negotiate favorable outcomes for clients and frequently obtains complete relief without filing a lawsuit. When settlement is not desired or practical, Ms. Donovan tirelessly fights for her clients’ rights to summary judgment and trial. 

Ms. Donovan is listed in the 2021-2023 editions of World Trademark Review 1000 list of the World’s Leading Trademark Professionals as one of the top trademark lawyers in California: Prosecution and Strategy and Enforcement and Litigation. The publication noted that Ms. Donovan is an “intelligent, astute attorney with a no-nonsense approach, by which she gets to the heart of matters quickly and deals with them pragmatically and cost-efficiently.” The publication also notes high praise from clients: “Michelle is a fantastic IP lawyer who assimilates complex information quickly and is extremely efficient in her approach. She’s unflappable and a fierce litigator who delivers quality advice and a timely service across the full range of IP services – and does so at reasonable rates.” Another source adds: “For many years I have relied on Michelle to establish and defend our trademarks and identity, both domestically and internationally. She’s an amazing lawyer who misses nothing. She explains things clearly, is very cost conscious and has an excellent foreign network. Thanks to her, our trademarks are some of our strongest assets.”

Privacy / Data Security

  • GLBA / Safeguards Rule
  • CCPA
  • FERPA
  • GDPR
  • Cybersecurity
  • Breach Notifications
  • Regulatory investigations

Ms. Donovan regularly counsels clients in the complex areas of privacy and cybersecurity, including cybersecurity preparedness, regulatory compliance and investigations, and data breach response.  She also counsels clients on the rapidly changing field of data privacy, including the California Consumer Privacy Act (CCPA).  She has developed a particular area of expertise in the privacy and cybersecurity issues specific to higher education.  

Artificial Intelligence

In the emerging area of artificial intelligence (AI), Ms. Donovan has extensive knowledge on the use of data in machine learning, including considerations related to sources of training data, usage permissions and conditions, and compliance with privacy laws. She also advises on the use of AI in business operations and intellectual property considerations for the same.

Technology Transactions, Licensing and Commercial Contracts

Ms. Donovan also negotiates and drafts various technology transactions, licensing and other commercial contracts, including contracts relating to intellectual property, software, SaaS, and API licenses, software and website development, manufacturing and distribution, digital marketing, SEO, PPC, PPL, website terms, and consulting/independent contractor agreements.