Partner

Richard J. Caira, Jr.
Richard Caira - Technology Transactions Attorney

Richard Caira is a technology and intellectual property lawyer who advises companies on the transactions, regulatory issues, and commercial strategies that shape how products, services, and brands are developed, protected, marketed, and brought to market. He works with startups, middle-market businesses, and Fortune 500 companies across a range of industries, including technology, software, life sciences, and consumer-facing businesses, on intellectual property, commercial transactions, privacy, data security, digital and consumer marketing, and related regulatory matters. His approach is practical, business-oriented, and informed by years of both private practice and in-house experience.

A significant portion of Richard’s practice focuses on technology and life sciences transactions, including software and SaaS agreements, licensing arrangements, cloud computing, data-related agreements, strategic partnerships, and commercialization matters. He regularly advises both providers and users of technology, giving him insight into how to structure agreements that are commercially practical while appropriately managing legal and operational risk. Richard frequently serves as outside counsel to companies that rely on him for day-to-day legal guidance involving intellectual property, technology operations, contracting, privacy, marketing, and growth strategy.

Richard also advises clients on advertising, branding, promotions, and consumer engagement programs, including sweepstakes, contests, loyalty programs, influencer and endorsement issues, and related consumer protection compliance matters. His work in this area frequently intersects with privacy and data security laws, including GDPR, CCPA, COPPA, FTC advertising and endorsement guidelines, and other evolving U.S. and international regulatory requirements affecting digital marketing and online business operations.

In addition, Richard assists companies with trademark strategy and trademark registration matters, advising clients on brand protection, clearance, registration, and related intellectual property issues.

Before returning to private practice, Richard served as in-house counsel for a large software company, an experience that continues to shape his practical, business-focused approach to advising clients.

Richard has been a car aficionado since his earliest memories, and very much prefers to “row” the gears himself when given the choice. Outside the office, enjoys a variety of pursuits – often times with friends and his amazingly supportive family – including activities such as golf, hiking, fishing, endurance events, tennis and softball.

Practices
Education
  • University of New Hampshire Franklin Pierce School of Law, J.D. (1998)
  • Flagler College, B.A., English Literature and Business Administration (1991)
  • North Carolina Bar Association, IP Law Section: Outstanding Achievement Pro Bono Award (2000-2001)
  • Leadership Cary (2007-2008)
  • Spearheaded drafting, negotiating and closing of $50+ million agreement for multi-year procurement of customer experience/document management platform on behalf of a software vendor for a large financial services industry customer.
  • Advised content developer on necessary steps and process changes to comply with GDPR, CCPA, TCPA and other applicable privacy and consumer protection laws, and drafted comprehensive terms and conditions of service and privacy policy for implementation across platforms.
  • Drafted template agreements for startup technology vendors and advised on formation, financing, IP protection and related issues.
  • Negotiated and drafted $50+ million multi-year renewal of auditing software license and related services agreement with Fortune 50 customer for a technology vendor.
  • Performed regular comprehensive open source software (OSS) audits for converged infrastructure vendor/developer and rendered advice for improvements and changes to OSS policy.
  • Drafted comprehensive terms and conditions and related policies for new loyalty program for parking industry client and provided counseling in connection with related sweepstakes.
  • Assisted private hospital with negotiating and closing a $500+ million electronic health records management software system procured from a large and established EMR vendor.

Richard frequently speaks on topics such as open source software (OSS), advertising compliance and branding issues, and technology services agreements.

Presentations:

  • “Open Source Software: Evaluating the Opportunities and Risks.” Association of Corporate Counsel, Research Triangle Area Chapter’s “IP-Pulooza.” Co-speaker (2019)
    “The Explosion of Artificial Intelligence and Machine Learning on In-House Counsel.” Morningstar Law Group CLE. Co-speaker (2018)
    NCBiotech Social Media Forum, Co-speaker/panelist (2016)
    “Joint Development Agreements: What Works – and What Doesn’t?” Association of Corporate Counsel, Research Triangle Area Chapter. Speaker (2014)
    “Cloud Computing,” Association of Corporate Counsel, Research Triangle Area Chapter. Speaker/moderator (2012)
    “Consumer Protection Updates,” American Bar Association Antitrust Law Section. Speaker (2010–2015)
    “Outsourcing Issues,” Council for Entrepreneurial Development InfoTech Conference. Speaker/moderator (2005)

Publications:

 

  • North Carolina State Bar (1998)
  • NC Amateur Sports (Cycle North Carolina and BODYARMOR State Games): Board of Directors (2017-present)
  • NCTECH (formerly NC Technology Association): Board of Directors (2014–2017)
  • NC Bar Association: Chair, IP Law Section’s Pro Bono Committee (2003-2007)
A piece of advice
Know your client’s business inside and out, as if it were your own. Doing so will enable you to assist them in the best, most effective, and most practical way possible.
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