Frank A. Pugliese

Partner

New York
T 212.589.4664  |  F 212.589.4201

Focusing on technology law and outsourcing, Frank Pugliese has a broad range of experience representing vendors and customers in a multitude of industries as a result of technology's prevalence in modern businesses. Ultimately, Frank is a deal maker, solving his clients' problems with creative solutions in order to achieve long-lasting positive results.   

Frank is a regular contributor to BakerHostetler's Data Privacy Monitor blog, offering commentary on data privacy and information security topics.

Select Experience

  • Represented one of the largest blood centers in country in outsourcing its IT department, including application development and staff. Led negotiation, drafted documents, and advised client.
  • Represented major cosmetics company in procurement and implementation of global enterprise resource planning system. Led negotiation of system development.
  • Represented community health organization in acquisition of cloud-based electronic health record system.
  • Represented one of the leading e-commerce solution vendors in licensing and managed service transactions.
  • Represented developer of interactive application in dispute with NFL for use of application in conjunction with Thursday night football viewing.
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Experience

  • Represented one of the largest blood centers in country in outsourcing its IT department, including application development and staff. Led negotiation, drafted documents, and advised client.
  • Represented major cosmetics company in procurement and implementation of global enterprise resource planning system. Led negotiation of system development.
  • Represented community health organization in acquisition of cloud-based electronic health record system.
  • Represented one of the leading e-commerce solution vendors in licensing and managed service transactions.
  • Represented developer of interactive application in dispute with NFL for use of application in conjunction with Thursday night football viewing.
  • Represented major investment bank in development, licensing, and maintenance transaction for creation of its energy commodities trading platform.
  • Represented major New York hospital in outsourcing agreement for operation of its data center, maintenance and development of its software applications, and in inter-entity transition services agreement as part of hospitals' unwinding of earlier merger.
  • Represented global media company in e-commerce fulfillment services transaction.
  • Represented national commercial property owner in outsourcing transaction involving call center operations. 
  • Represented commercial bank in ASP arrangement for hosting of its commercial loan portfolio business. 
  • Represented national commercial property owner in outsourcing of real estate accounting department. 
  • Represented national telecommunications provider for provision of high speed Internet access for resort hotels of major U.S. theme park. 
  • Represented major cable company for development of dedicated telecommunications network. 
  • Represented owner of U.S. convention centers in creation of wireless "hot spots" in facilities.
  • Represented short message service (SMS) provider in creation of customer, reseller, and OEM agreement templates.

Recognitions

  • The Best Lawyers in America© (2008 to 2015)
    Copyright 2013 by Woodward/White Inc., of Aiken, SC
    • New York: Information Technology Law
    • New York: Technology Law
      • Best Lawyers® 2012 "Lawyer of the Year"
  • Who's Who Legal 100 
  • Who's Who Legal: Information Technology (2013)
  • New York "Super Lawyer" (2006, 2009 to 2012)

Memberships

  • American Bar Association
  • ITechLaw

Community

  • Rye Brook Technology and Communications Commission

Services

Prior Positions


Admissions

  • U.S. District Court, Eastern District of New York
  • U.S. District Court, Southern District of New York
  • U.S. District Court, District of Connecticut
  • Connecticut
  • New York

Education

  • J.D., Fordham University School of Law, 1991
  • B.A., New York University, 1998, cum laude

Blog

In The Blogs

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Data Privacy Monitor
When Acting to Prevent Data Breaches and Comply with Privacy Laws, Remember Overarching Employee Rights
August 26, 2014
The grocery business may be “fresh and easy,” but drafting a confidentiality and data protection policy that withstands the scrutiny of the current National Labor Relations Board (NLRB) is not.  The NLRB, in its recent 2-1 Fresh & Easy...
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Data Privacy Monitor
Secret Service Raises Warning About Backoff POS Malware
August 25, 2014
The Secret Service, which investigates financial crimes, issued a security Alert on July 31, 2014, warning of malware named “Backoff” that was being used to steal payment card data from point-of-sale (POS) systems.  The Alert notes that...
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Data Privacy Monitor
New Jersey Becomes the Sixth State to Ban the Box for Private Employers
August 25, 2014
Criminal background questions on employment applications will no longer be permitted in New Jersey, effective March 1, 2015. New Jersey joins Hawaii, Illinois, Massachusetts, Minnesota, and Rhode Island to become the sixth state to ban the...
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Data Privacy Monitor
New Guidance for Merchants on Ensuring that Service Providers Share Security Responsibility
August 18, 2014
For merchants, long gone are the days of using a card reader with a dial-up connection to their payment processor. Today’s omni-channel retailers rely on multiple third party service providers to complete payment card transactions. These...
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Data Privacy Monitor
What Companies Can Do to Protect Themselves in the Face of Yet Another Massive Data Breach
By Jenna N. Felz
August 12, 2014
Last week it was reported that a small group of Russian computer hackers illegally obtained an unprecedented quantity of internet credentials, including 1.2 billion username and password combinations, and over 500 million unique email...
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