Chiara Portner acts as outside corporate counsel and outsourced member of the legal team for businesses. She assists companies in monetizing and commercializing their technology, services and products and advises on privacy compliance.

Chiara’s practice spans a variety of issues including artificial intelligence, intellectual property and privacy and data security, with a focus on technology transactions, licensing arrangements and other complex commercial agreements.

Chiara represents start-up and emerging growth companies as well as mid-market and public companies.

She has become a trusted advisor to executives who engage her to advise their companies. Chiara assists clients with various issues and agreements, such as:

  • SaaS, software, mobile application, content and music licensing
  • Sales and product lease agreements
  • Strategic alliance, development and partner agreements
  • Distribution and reseller agreements
  • Evaluation, trial, pilot and beta agreements
  • Open source and dual license models
  • Commercial, privacy and intellectual property aspects of financing and merger and acquisition transactions
  • Privacy and data protection compliance matters

Her clients include B2B and B2C companies that range from small software, mobile app, IoT and SaaS startups, to e-tailers and clothing brands, as well as large public companies.

As a trusted ally and advisor to my clients, I get deals done. Clients rely on me to efficiently facilitate and help to drive and protect their revenue, regardless of time zone.

Areas of Focus

Services

Sectors

Experience

  • Drafted and negotiated agreements for enterprise software as a service (SaaS) subscriptions, PaaS, IaaS, OEM, system integrator/ partner, distributor, sales representative and reseller agreements, hardware purchases, end user and enterprise software and toolkit licenses and various other commercial and technology based transactions for licensees and licensors.
  • Represented startup software clients in licensing their software and solutions to multinational telecom providers, large financial institutions and national retail businesses.
  • Assisted clients in procuring and licensing tools that use generative artificial intelligence and advise on data issues related to same. Advise clients on outbound licensing of their artificial intelligence products and services to customers.

  • Prepared internal and consumer facing privacy and data security policies and counseled clients regarding Children’s Online Privacy Protection Act, the California Online Privacy Protection Act of 2003, California Consumer Privacy Act and other state, federal and international privacy issues, including cross border data transfers, data processing and protection agreements and EU General Data Protection Regulation (GDPR) compliance.
  • Assist clients on cookie popup consent and website user interface compliance issues.
  • Advise on TCPA and text messaging requirements.
  • Represented various private and public companies (on company, investor and buy sides) on intellectual property issues for financings, mergers and acquisitions and asset transfers.
  • Advised software and technology companies on open source licensing compliance and other open source or “free software” distribution and dual licensing models and compliance issues.
  • Advised clients on website, internet and e-commerce issues, including terms of service and use and automatic renewal legal requirements. Advised clients on sharing economy mobile apps, issues and terms.
  • Represented authors in book publishing negotiations. Represented major motion picture producer in licensing content and trademarks for theme park and food and beverage concessions.
  • Advised clients on both inbound and outbound content licensing, including, video, sports, radio and TV content. Draft and negotiate agreements related to same and in relation to right of publicity issues.
  • Represented and advised clients on outsourcing agreements and transactions.
  • Represented various clients on music licensing issues and music license agreements.
  • Drafted and negotiated numerous nondisclosure and proprietary information agreements.
  • Drafted sweepstakes and contest rules.

Credentials

Education

  • Santa Clara University School of Law (J.D.)
  • University of California - San Diego (B.A., Political Science)

Certifications

  • CIPP/US

Admissions

Bar Admissions

  • California, 2002

Presentations

  • CCPA: It’s Go Time, January 2019
  • Are you Prepared for All of the New Privacy Laws?, September 2019

Publications

  • “New privacy considerations under CPPA regulations”, Daily Journal, January 2024

Professional Activities

  • International Association of Privacy Professionals

Community Involvement

  • National Charity League, Philanthropy Liaison