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Steven E. Helland
Shareholder
Email: shelland@fredlaw.com
Office: 612.492.7113
Assistant: Jill Beckman Ray, 612.492.7602
PRIMARY SERVICES
Overview
Law at the intersection of information technology (IT), Internet, software, new media and advertising—this is where Steve has built his career and works with clients to build value, close deals and promote compliance.
Steve chairs a multi-disciplinary group of lawyers, as the laws and marketplace dynamics impacting his clients cut across traditional lines. His areas of focus and experience include: copyright, licensing, contracts, start-ups and entity formation, advertising, health IT, marketing, social media, privacy, security and breach issues, big data, and the cloud.
Steve is Chair of Fredrikson & Byron’s Internet, Technology & E-Commerce Group and Co-Chair of the firm’s Media & Entertainment Group.
32nd Annual E&L Law Seminar Takeaway:
ADA Website Accessibility and Public Accommodations Presentation
Learn More About Internet, Technology and E-Commerce:
What is a “BSA” software audit?
A client suspects that they just detected a data security breach. What should they do next?
Experience
REPRESENTATIVE EXPERIENCE
- Christopher & Banks, CRM and Business Intelligence Transactions with Epicor. Represented Christopher & Banks, the women’s apparel retailer with 500+ stores, in its IT, cloud, and licensing contracts with Epicor / ShopVisible as part of its omni-channel business strategy. (Article in Yahoo! Finance.)
- Information Technology General Counsel. Represented a web-based technology business with over 1,000,000 registered users on all IT matters including email vendor relationship, legal compliance, privacy and security issues. Drafted website Terms of Use and Privacy Policy for over 60 clients.
- Social Media and Marketing. Represented a major independent advertising agency in contract and compliance matters involving Internet, social media (Facebook, LinkedIn, YouTube, Twitter, Pinterest, Google+), lead-generation, customer agreements, talent and rights issues. Represented a large health care provider regarding Internet reviews and defamation issues.
- IT Services and Outsourcing. Negotiated IT services, consulting and outsourcing transactions with Wipro, IBM, Gartner Group, Accenture, Infosys, Deloitte, Covansys, and BearingPoint. Example: Represented a private financial services company on cloud-based data storage, including access, security, disaster recovery and service level issues.
- CRM and ERP. Represented clients purchasing Customer Relationship Management (CRM) and Enterprise Resource Planning (ERP) software, systems, maintenance and other services from SAP, Oracle, Business Objects, Cognos, PeopleSoft, Siebel Systems, and Salesforce.com.
- Electronic Medical Records, Practice Management, and Health Technology. Represented over 40 health systems, hospitals, clinics and individual practices in transactions with EMR and other technology vendors such as Epic Systems, GE Healthcare, Allscripts, Cerner, McKesson, eClinicalWorks, Misys, Medinformatix, Eclipsys, NextGen, and A4 Health Systems. Counseled clients on disputes and litigation involving health IT.
- Consulting and Development Services. Represented Minnesota companies providing consulting, software development, website development, and advertising services to large regional customers such as Target Corp., 3M, and Piper Jaffray.
- M&A Involving Software, Websites, and Customer Data Assets. Represented buyers and sellers in mergers and acquisitions transactions in which software, websites, or customer data are primary assets. Purchase price range: $500,000 to $200 million.
- Cloud and Telecom. Represented clients in transactions with the following vendors: Microsoft, AT&T, Verizon, Qwest, Google, HP, Double Click, Yahoo, Allant, Campbell Mithun, Avaya, T-Mobile, and Smart Reply.
- BSA Software Audit Defense. Represented over 50 small and large businesses in responding to and negotiating claims of illegal software installations and copyright infringement by the BSA (Business Software Alliance).
- Entertainment and Publishing. Steve has been involved in the following film, television and entertainment projects: Stay Then Go (film, 2014); Ryan Seacrest Productions (represented producer and talent in reality television production in-development, 2013); Nobody (film, 2009); A Prairie Home Companion (film, 2006); Building at a Crossroads (documentary, 2006); Million Dollar Idea (reality tv, 2005); Suspension (film, 2007). Steve also represented Hazelden Publishing, the world’s largest publisher of addiction and recovery work, including related e-book publishing and apps.
Articles & Presentations
First Federal Trial on Website Accessibility: Winn-Dixie Violates ADA
June 14, 2017
On June 13, Judge Robert Scola, Jr. released his verdict and Order following a non-jury trial: the defendant Winn-Dixie violated Title III of the Americans with Disabilities Act (ADA) as its website was not accessible to the plaintiff Joan Carlos Gil, a blind individual who uses the JAWS screen reader to access website content.
Read MoreHarsh Consequences for Dale Chihuly After Failing to Document IP Rights with Independent Contractor
June 7, 2017
Silence can be devastating when it comes to intellectual property rights.
Read MoreFederal Court Holds ADA Applies to AmeriServ Bank Website
May 24, 2017
In the case of Frazier v. AmeriServ Financial Bank, # 17cv0031, 2017 federal district judge Arthur J. Schwab ruled that Title III of the ADA, which prohibits discrimination on the basis of disability, applies to AmeriServ Bank’s website.
Read MoreAgencies: Are Influencers Getting You Into Hot Water with the FTC?
April 26, 2017
The Federal Trade Commission (FTC) recently sent out over 90 letters to brands and influencers for failing to properly disclose a sponsored relationship, compensation or other benefit in relation to a social media endorsement.
Read More12 Deaf Plaintiffs Sue Banner Health for Lack of ASL Interpreters and Lack of Auxiliary Communication Aids
March 20, 2017
By Steven E. Helland & Marguerite J. Ahmann
Twelve deaf individuals filed a complaint in Federal District Court in Arizona on March 13 against Banner Health, which operates hospitals, surgery centers and urgent care centers in Arizona, Alaska, California, Colorado, Nebraska, Nevada and Wyoming.
Read MoreHCA, Owner of 100+ Hospitals, Sued for ‘Inaccessible’ Websites Violating ADA
February 1, 2017
An established plaintiff disability law firm, Carlson Lynch, has sued HCA Holdings in federal court, alleging that websites operated by over 100 hospitals and health care facilities owned by HCA are not accessible to blind individuals and therefore violate Title III of the Americans with Disabilities Act.
Read MoreHealthcare Sector is Newest Target for Website Accessibility Lawsuits
January 18, 2017
The sharp rise of website accessibility litigation and demands that impacted retail, fast-food, financial organizations, banks and education sectors in 2015 and 2016 has expanded to target the healthcare industry, including: hospitals, clinics, health insurance as well as related providers such as drug stores and optical stores.
Read MoreFinancial Services Industry Targeted in Wave of Lawsuit Threats Over Websites Allegedly Inaccessible to the Visually Impaired
November 15, 2016
By Matthew T. Boos, Steven E. Helland & Karla L. Reyerson
In a trend that began several years ago and has migrated through several industries, investment firms are among those being targeted by enterprising plaintiffs’ lawyers alleging that the firms’ website are inaccessible to blind or otherwise disabled users. The claim is that the firms are violating the Americans with Disabilities Act (ADA).
Read MoreWSJ Highlights 240 Website Accessibility Lawsuits Since 2015 – Top 4 Mistakes They Didn’t Mention
November 4, 2016
The Wall Street Journal ran a major story on November 1, 2016, describing the growing trend of lawsuits brought by a handful of plaintiff law firms representing blind individuals against hundreds of website operators including well-known names such as Foot Locker, Toys ‘R’ Us, Brooks Brothers and the NBA.
Read MoreRisk of ADA Claims Rises as DOJ Contemplates New Website Compliance Standards
September 1, 2016
By Steven E. Helland & Karla L. Reyerson
Is your bank’s website accessible to the visually impaired? If it is not - or if you are not sure - now is the time to address this issue as businesses across the country are receiving demand letters and being made parties to legal claims for alleged violations of the Americans with Disabilities Act (ADA).
Read MorePUBLICATIONS & PRESENTATIONS
- Quoted in “What do Snooki, Lindsay Lohan, and J.Lo have in common? The FTC put them on notice,” Boston Globe, May 9, 2017
- Co-Presenter, “Is Your Website ADA Compliant and What To Do if it Isn’t,” Bank Holding Company Association (BHCA) Spring Seminar, May 2, 2017
- Presenter, “Nondiscrimination Update: Website Accessibility, Recent ADA Litigation and Section 1557 of the ACA,” Health Law Webinar Series, March 8, 2017
- Speaker, “Website Accessibility Litigation Explosion: Practical Tips from Legal and IT,” 3rd Annual Corporate Counsel Institute, February 10, 2017
- Presenter, “Website Accessibility - Understanding the Law, Responding to Demands, & Practical Steps to Reduce Risk for Retail Websites Webinar,” Minnesota Retailers Association, December 6, 2016
- “Community Banks Threatened with Lawsuits for Alleged Inaccessible Websites,” co-authored with Karla Reyerson, Minnesota Bankers Association Magazine, November/December 2016 (used with permission of the Minnesota Bankers Association)
- Co-Presenter, “ADA Website Accessibility and Public Accommodations,” Fredrikson & Byron’s 32nd Annual Employment & Labor Law Seminar, October 26, 2016
- “Privacy and Security Risks in Vendor and Supply Chain Contracts,” Midwest Privacy & Data Security Conference, Minnesota Bar Association, January 14, 2016
- “Got an App for That! Health Plans in the Business of Consumer IT,” co-presented with Katherine M. Brennan, Optum Consumer Solutions Group, 2015 Health Law Institute, Minnesota Bar Association CLE, June 4, 2015
- “How to Negotiate Your Starting Salary: Inside Tips and Mythbuster Edition,” pro bono presentation for University of Minnesota Alumni Association, Carlson School of Management, April 28, 2015
- “Legal Guide to Privacy and Data Security,” Minnesota State Bar Association CLE, Legal Guide to Privacy and Data Security, August 18, 2014
- “Data Privacy & Security, Legal and Financial Implications,” at Traust Executive Round Table, co-presented with Teresa Thompson, June 26, 2014
- “Freelancers Don’t Need Contracts,” co-presented with Ryan Miest, Beers with Fred Series @ CoCo, June 17, 2014
- Moderator, “Doing Business in the Cloud,” Fredrikson & Byron’s Practical Perspectives, March 20, 2014
- “Responding to a BSA or Vendor Software Audit, and Software Asset Management Strategy,” at Minnesota Computer & Technology Law Institute, November 19, 2013
- “How Can I Fire My Electronic Health Record (E.H.R.) Vendor?” Minne Analytics forum, October 11, 2013
- “Data Privacy and Security: A View from the Board Room and C-Suite.” Data Privacy and Security for In-House Counsel, March 21, 2013
- “What Doctors and Dentists Need to Know About Facebook.” ExecSense Webinars, 2013
- “Social Media: Hot Legal Topics in Health Care,” guest faculty at the University of St. Thomas, June 1, 2011
- “Legal and Business Tips for Negotiating an EHR Contract,” Health Law Webinar, April 13, 2011
- Co-Chair and Presenter, “Data Privacy & Security,” MN Bar Association CLE, January 21, 2011
- “Creating a Social Media Policy for Your Company: Sharing With Employees What They Can and Can Not do on Twitter, Facebook, LinkedIn & Other Social Media Sites,” Webinar with Reed Seminars (available at Amazon.com), May, 2009
- “Legal Nuggets for Negotiating High Value Information Technology Contracts,” Minnesota Medical Group Management Association 2009 Winter Conference, March 9-11, 2009
- Quoted in “What to Do When You Receive a BSA Audit Letter,” by Ericka Chickowski, Baseline, January 18, 2008
- Quoted in “8 Ways to Avoid an Audit from the Business Software Alliance,” by Ericka Chickowski, Baseline, January 11, 2008
- “Misleading Privacy Policy Yields $4.5 Million Award,” Fredrikson & Byron’s Technology & E-Commerce Focus Newsletter, April 2007
- “Legal Issues for Filmmakers,” Minneapolis College of Art & Design, February, 2007
- “Data Security - Businesses Must Now Notify Customers of Possible Identity Thefts,” Upsize Minnesota Magazine, June/July, 2006
- “Starting Your Own Consulting Business,” Twin Cities Quality Assurance Association, April, 2006
- Quoted in “An Ordeal: Copin’ with COPPA,” Wired, online, September 20, 2000
- “Modern Legal Practice and the Internet,” American Bar Association, Technology in the Workplace subcommittee, discussion paper with Paul Landry, 1998
Honors & Education
EDUCATION
- University of Michigan Law School, J.D., 1996, cum laude
- Vassar College, A.B., 1991, cum laude
- University of Edinburgh, Scotland, 1998-1999
BAR ADMISSIONS
- Minnesota, 1996
- U.S. District Court for the District of Minnesota, 1996
HONORS
- Minnesota State Bar Association, North Star Lawyer, 2015
- Minneapolis/St. Paul Business Journal, “40 Under Forty”
- Minnesota Law & Politics, Rising Star
(Untitled)
PROFESSIONAL ACTIVITIES
- International Association of Privacy Professionals (IAPP)
- Minnesota Medical Group Management Association
- Minnesota Interactive Marketing Association
- Minnesota State Bar Association
- Hennepin County Bar Association, Computer Law Section
- Minnesota Film and TV Board, Past President of the Board
COMMUNITY
- Faith’s Lodge, past Board Member
- IFP Minneapolis/St. Paul, past Board Member
- Givenet, past Board Member
- Magazine Club, Co-Founder
- Girl Scouts, Minneapolis 1st Grade Troop, Assistant Troop Leader