Richard Keck practices in the area of corporate and business law. He has experience in mergers and acquisitions, commercial transactions, regulated industries, tax, securities, and antitrust. Mr. Keck also has extensive experience in telecommunications law and policy, information technology, outsourcing, electronic commerce, intellectual property, privacy and information security. He has counseled clients in various industries, including telecommunications, cable television, broadband, technology, software, energy, financial services, insurance, airline, manufacturing, distribution and retail.

A member of the American and Federal Communications bar associations, the State Bar of Georgia and the Law Society of England and Wales (not practising), Mr. Keck is a 1985 cum laude graduate of Harvard Law School and a 1982 graduate of Emory University.

Representative Matters

Telecom

Negotiated a UK-U.S. cross-border joint venture and the subsequent sale of equity interests to its U.S. and UK investors to establish, own and operate an Internet service provider business in the United Kingdom, and subsequently represented the U.S. investor in the sale of its entire equity stake to its UK co-investor.
Represented a major publicly-held U.S. telecommunications network operator in all aspects of the establishment of privately held cross-border joint ventures with local partners for each EU member state to acquire, build, own and operate wireless telecommunications networks in Europe.
Multiple representations of creditors of telecommunications carriers on federal, state and local regulatory issues arising in bankruptcy and related restructuring or asset sales
Represented a wireless carrier in multiple acquisitions of bankrupt or insolvent competitors, resellers and dealers over a several-year period
Represented a cable television operator in the purchase of multiple cable properties out of bankruptcy
Represented a wireless carrier in bartered swaps of fiber optic capacity, including steps to avoid having the swaps treated as executory contracts voidable in bankruptcy
Represented a national competitive local exchange carrier in the disposal of its business, including analysis of the need for federal, state and local regulatory approval and securing the same where necessary
Represented a national cable system operator in multiple business acquisitions and disposals, including handling all corporate documentation and securing all federal, state and local regulatory approvals
Represented a direct broadcast satellite system operator in analyzing the regulatory impact of potential investments in landline facilities
Advised a major national long distance carrier and other telecommunications carriers on the regulatory implications of using voice over Internet protocol
Assisted a wholesale interexchange carrier with the negotiation of over 50 interconnection agreements with other carriers
Represented a major investor owned electric utility on numerous fiber optic development ventures and related right-of-way and facility joint use
Represented an investor owned electric utility on a strategy to optimize its revenues from joint use of its facilities by telecommunications, cable and other users
Formed and serve as outside General Counsel for the Broadband over Power Line Industry Association (BPLIA), which serves as an industry trade association on regulatory, legislative and standards issues
Represented seven different investor owned electric utilities or their affiliates in developing an understanding of the potential regulatory environment for broadband over power line networks using their facilities
Assisted three separate investor owned electric utilities in planning for and conducting broadband over power line technology or market trials, including obtaining experimental licenses from the FCC, addressing state and local regulatory issues, negotiating vendor contracts, protecting intellectual property, and preparing trial participant terms and conditions
Assisting an electric membership cooperative in conducting a technology and market trial for broadband over power line
Represented a fixed wireless network operator in addressing building access issues and state regulatory issues
Represented several different competitive local exchange carriers in interconnection disputes with BellSouth
Represented several investor owned electric utilities in connection with joint use of rights of way, poles and ducts, as well as joint trenching and joint construction projects
Represented utility pole owners in disputes with the cable industry and the wireless industry over the terms and conditions of pole attachments regulated by federal and state law
Represented a major wireless carrier in connection with implementation of the FCC's 800 MHz rebanding order
Represented numerous customers, including air carriers, hotel chains, utilities and financial institutions, in their multi-year, multi-million dollar purchases of telecommunications services and lease of equipment

Electronic Financial Services

Represented a major U.S.-based payment processing company in the establishment of a joint venture with local partners to provide payment processing services in India.
Assisted a bank that provides wholesale financing of home mortgages for retail banks in establishing policies and procedures for an online account access system for each retail bank and in procuring the software for the system
Advised a major bank in developing and implementing instant decisioning for online and telephone credit card applications
Advised a major bank in developing and implementing an online "apply and buy" credit card application process and system
Developed an anti-money laundering compliance program for a distributor of bank-issued prepaid credit cards and stored value cards
Developed a state money transmitter law compliance program for a distributor of merchant issued stored value cards and bank-issued payment credit cards and stored value cards
Advised a financial institution on the sales, use, VAT and other transactional tax aspects of prepaid merchant-issued and bank-issued payment cards
Advised an issuer of cash-like online stored value products as to the applicability of federal and state regulations of deposit accounts and money transmitters
Helped a major automobile finance company develop an e-contracting program for leases and installment sales that complies with the UCC Article 9 electronic chattel paper provisions to allow securitization of the lease/loan portfolio
Represented a provider of electronic signature, remote identity verification and electronic record archival services in working with banks and other financial institutions to develop solutions that comply with applicable regulations and manage business risk
Assisted a provider of insurance products in developing a legally enforceable telephone application process
Developed systems and procedures for an online and telephone application system operated by a mortgage broker
Assisted a major credit reporting agency in developing an online credit report application and delivery system
Served as an expert witness to the Georgia General Assembly in Georgia's adoption of amendments to UCC Article 9 to allow for electronic chattel paper
Represented the Georgia Electronic Commerce Association in advocating amendments to the Georgia code to allow recording of certified paper copies of electronic real property deeds and records
Represented a digital signature and electronic records archival provider in advocating amendments to the Tennessee code to allow recording of certified paper copies of electronic real property deeds and records
Organized and participated in a working group of the American Bar Association and the Open Group to develop standards for compliance with UCC Article 9 requirements for "control" of electronic chattel paper
Formed and steward the privacy and information security working groups and the real property records task force of the Georgia Electronic Commerce Association
Assisted an Internet bank with its online policies and procedures and web site linking agreements
Advised a major employer on policies and procedures for allowing employees to access multiple retirement and pension accounts online with user id and passwords shared among participating financial institutions

Electronic Commerce General

Drafted the Georgia Electronic Records and Signature Act and subsequent amendments to allow use of electronic records and signatures for consumer and business transactions
Represented the Georgia Electronic Commerce Association in successfully lobbying for the Uniform Electronic Transactions Act (UETA) and federal E-Sign act to follow the model of the Georgia Electronic Records and Signature Act
Assisted multiple clients in developing and implementing web site acceptable use policies and related terms and conditions
Represented Trans National Group in connection with all aspects of its UK affinity and co-branded credit card business, including new and renewal contracts with affinity groups and outsourcing of services and products

Privacy/Information Security

Helped multiple clients develop policies and procedures to comply with federal and state regulation of call monitoring, call recording, telephone solicitation and anti-spam regulations
Developed a strategy for an online retailer to communicate to its customers whose credit card data had been compromised by a security breach
Assisted multiple clients in developing and implementing privacy and information security policies for customer data, including web site privacy policies

Information Technology/Software

Represented the issuer in a UK-U.S. cross-border sale of a partial equity interest in an infomediary business and related software development company, and in the subsequent repurchase of that interest by the issuer.
Represented a banking system software developer in numerous transactions with its bank customers
Represented a developer of financial transaction intermediary software in licensing its software to end users and to a credit reporting agency
Represented a financial product provider in resolving a dispute with a developer of software to allow resellers and sales agents to interact with the provider online

General Corporate

Represented Trans National Group in the sale of its interest in the UK's largest affinity credit card portfolio to the Bank of Scotland
Represented HBOS Card Services in the management of its UK-based affinity and co-branded credit card portfolio, including signing and renewal of co-brand/affinity partners and disposition of non-performing portfolios

Outsourcing

Represented an airline in outsourcing its customer support and reservations processes, including contact and call centers, telecommunications facilities, and information technology services
Represented a major employer in a regulated industry in outsourcing online training and certification of employees
Represented a staff augmentation provider in establishing online facilities for management and ordering of outsourced staff support
Represent a major financial institution in outsourcing various processes and functions for its credit card line of business, including prospect database acquisition and management, credit scoring and screening, marketing campaign design, preparation and execution, and application processing
Represented a major IT outsourcing vendor in a variety of transactions, including desktop maintenance arrangements for IT equipment, telecommunications outsourcing, and provisioning of equipment and software for transaction processing
Represented numerous telecommunication providers in major customer communications service contracts
Represented numerous manufacturers, and other outsourcers to the manufacturing industry, in outsourcing of production facility design, production facility construction and repair, product design, product manufacturing, and product testing and certification
Represented numerous suppliers of products and services, and numerous distributors, sales representatives and sales agents, in outsourcing marketing, sales and customer support

Utilities

Represented wire and utility cable products company as an intervenor in two rate cases, one in Kentucky and the other in Minnesota, where the client opposed the inclusion of a newly completed power plant in the rate-base on the grounds that the investment was imprudent and the excess capacity represented by the new power plant was not used or useful.

Professional Activities

American Bar Association
- Business Law Section
--Cyberspace Law Committee
---Subcommittee on Connectivity, Storage and Computing Infrastructure (Co-Chair, 2001-present)
--Communications Industries Committee (Chair, 1998-2001)
---Multinational Mergers and Acquisitions Subcommittee (Co-Chair, 1997-2004)
- International Section
--International Telecommunications Committee
Federal Communications Bar Association
- Co-Chair, Atlanta Chapter, 2002-2006
British American Business Group
- Immediate Past President, Board of Directors
State Bar of Georgia
Georgia Electronic Commerce Association

Admissions

England and Wales - not practising
Georgia

Education

Harvard Law School, J.D., cum laude, 1985
Emory University, B.S. Math, B.A. Economics, 1982

Experience

Duane Morris LLP
- Partner, 2005-present
Troutman Sanders
- Partner, 1996-2005
Kilpatrick & Cody
- Partner, 1993-1996
- Associate, 1985-1993

Honors and Awards

2007 Georgia Super Lawyer
Selected as 2004 Super Lawyer by Law & Politics and Atlanta Magazine for Telecommunications Law excellence

Selected Publications

Co-author, "Feds Force Businesses to Implement Identity Theft Prevention Measures by Fall 2008," Duane Morris Alert, July 30, 2008
World Telecom Law Report, BNA, Advisory Board, 1997-present
Co-Author, "Beware Gridlock: A New Era in Computer Sharing Is Here. Are You Ready?" Business Law Today, March/April 2004
Co-Author, "Disruptive Technologies and the Evolution of the Law," Supercomm, June 2003
Project Co-Chair, "A Lawyer's Checklist for Distributed Computing Projects," Subcommittee on Connectivity, Storage and Computing Infrastructure, Cyberspace Law Committee, ABA Business Law Section, Version 1.0, January 2003
Co-Author, "Clicked, Sent, Saved, I'm Yours! - Electronic Records and Signatures Laws," TechLINKS, November/December 2002
Author, "Bioethical Issue: Who Owns Spider Man?" TechLINKS, September/October 2002
Author, "Taxing Web Sales," TechLINKS, July/August 2002
Author, "Broadband for Everyone," TechLINKS, May/June 2002
Author, "Protecting Our Civil Liberties in the Face of Terrorism," TechLINKS, March/April 2002
Author, "Database Protection - Making Georgia a Magnet for Knowledge Economy Business," TechLINKS, January/February 2002
Co-Author, "Of Misappropriated Manure Heaps, Rude Robots and Broken Promises: The (D)evolving Law of Database Protection," The Business Lawyer, November 2001
Author, "Tax the Net?" Bill Shipp's Georgia, May 2000
Co-Author, "Electronic Commerce Primer for the Georgia General Assembly," Georgia Electronic Commerce Study Committee and Georgia Electronic Commerce Association, March 2000
Project Chair, "Model Electronic Transmission Services Agreement," Communications Industries and Cyberspace Law Committees, ABA Business Law Section, Working Draft, January 1999
Author, "Proposed Amendments to the Georgia Electronic Records and Signatures Act," Georgia Electronic Commerce Association, September 1998
Co-Author, "Doing Business in Cyberspace," International Business and the Law (Troutman Sanders LLP), Summer 1998
Co-Author, "Defining the Regulatory Arena: An Annotated Glossary of the Telecommunications Act of 1996," Telecommunications Law, Regulation and Policy (American Bar Association), 1998
"Recognition of Executory Contracts Formed by Electronic Communications," Cyber News (ABA Business Law Section), Spring 1998
"Liberalization of Asian Telecom Markets," World Telecom Law Report, BNA September, October, November 1997, January 1998
Represented a competitive local exchange carrier (CLEC) in pre-bankruptcy planning

Selected Speaking Engagements

Speaker, "IP and Technology Issues: Creation, Protection, Licensing and Dispute Resolution," Atlanta Chapter of the Licensing Executives Society presentation, Atlanta, Georgia, March 5, 2008
Speaker, "Avoiding Common Mistakes in License Agreement Drafting," Drafting & Negotiating Patent License Agreements 2008 seminar, Raleigh, North Carolina, February 21, 2008
Co-Chair of panel discussion, "The VOIP Revolution and Its Impact on Law and Policy," ABA Annual Meeting, August 2007
Speaker, "Disruptive Technologies and the Evolution of the Law," Enterprise Architecture Governance, The Open Group, San Diego, California, January 31, 2007
Speaker, "Disruptive Technologies and the Evolution of the Law," Panel Discussion on Novel Issues in Cutting-Edge Technologies, 21st Annual Technology Law Institute, State Bar of Georgia, October 17, 2006
"Disruptive Technologies and the Evolution of the Law," OGETA Forum, Atlanta, Georgia, September 30, 2005
Speaker, "Electric Document Execution and Recording," 27th Annual Real Property Law Institute, Amelia Island, Florida, May 12-14, 2005
Speaker, "Ensuring a Win-Win Deal Between a Utility and a BPL Network Operator," Broadband Over Power Lines Conference, Herndon, Virginia, April 25-26, 2005
Panelist, "Broadband over Power Lines Overview," Michigan State University, Quello Center Workshop on Policy Response to Competitive Telecom Technologies, Charleston, South Carolina, December 2004
Speaker, Broadband over Power Lines Technology Conference, The Legal and Regulatory Landscape, Tucker, Georgia, November 2004
Speaker, Power Line Communications Association, Power Line Strategic Summit & Business Briefing, Alexandria, Virginia October 2004
Speaker, NARUC Broadband Over Power Lines Task Force Meeting, Arlington, Virginia, October 2004
Panelist, Open Group Security Forum, Adapting Paper-Based Legal Concepts to Accommodate Electronic Transactions, New Orleans, Louisiana, October 2004
Speaker, "Broadband Over Power Lines: a PLCA Industry Viewpoint," NARUC 2004 Summer Meeting, Salt Lake City, Utah, July 2004
Speaker, "State and Federal Classification and Regulation of Broadband Access," and "The Venture Agreement With Equity Partners," Helping Your Client Evaluate and Launch a Power Line Communications Venture: A Crash Course for In-House Counsel of Investor-Owned Electric Utilities, Troutman Sanders, Atlanta, Georgia, August 2003
"Is Geography Bringing Us Together: Collaborative Geospatial Practices for Proximity Management Within Utility Rights of Way," Open Geodata Consortium, Atlanta, Georgia, August 2003
Speaker, "The Current Regulatory, Legal and Market Climate for Powert Line Communications in the USA," World Summit of PLC Associations, Brussels, Belgium, June 2003
Speaker, "Information Security: Legal Risks and Protections," EC Day 2003, Atlanta Electronic Commerce Forum, May 2003
Speaker, "State Legal and Regulatory Strategy for Power Line Communications," 2nd Annual Conference, Power Line Communications Association, Washington, D.C., December 2002
Co-chair, "Ethics for the Transactional Lawyer," Law Seminars International, Atlanta, December 2002
Panelist, "Spatially Enabled Community Knowledge Management," OGETA Forum, Atlanta, September 2002
Panelist, "Bots and Database Law for American Businesses," Cyberspace Law Committee, American Bar Association, Business Law Section, Boston, April 2002
Panelist, "Power Line Communications Workshop," Columbia Institute for Tele-Information, New York, February 2002
Speaker, "Database Protection as Economic Development Tool for Georgia," EC Day, Atlanta Electronic Commerce Forum, Atlanta, February 2002
Moderator, "Getting a Power Line Communications Affiliate Up and Running," Power Line Communications Association Conference, Washington, D.C., December 2001
"Privacy and Access Issues for State and Local Governments," Government Technology Conference Southeast, Atlanta, December 2001
Speaker, "The Role for Public-Private Partnerships in Addressing E-Commerce Policy," House of Commons, London, England, November 2001
Speaker, "Database Protection and Privacy Legislation," Leadership Policy Forum, Technology Leadership Coalition, Atlanta, October 2001; Macon, Georgia, November 2001
Speaker, "Key Recent Developments for Practitioners--Georgia," Technology Law Institute, Institute for Continuing Legal Education, Atlanta, October 2001
Panelist, "Privacy and Cyber-Security," A Roundtable Discussion on Government Use of Citizen Data, Atlanta Chapter of the Federal Communications Bar Association and Georgia Center for Advanced Telecommunications Technology (GCATT), Atlanta, October 2001
Panelist, "Rights-of-Way, Pole Attachments and Building Access," Negotiating Telecommunications Deals, Law Seminars International, Atlanta, October 2001