Wai Choy

Photo of Wai Choy

As a corporate associate in the Technology, Media & Telecommunications Group, Wai Choy focuses his practice on technology, media and intellectual property-related transactions and counseling in a wide range of fields, including the technology, entertainment, social and new media, advertising, e-commerce, retail and professional services industries.

For example, Wai structures, drafts, negotiates and advises clients on legal and business aspects of:

  • Service agreements, statements of work and service level agreements for a variety of services, including software as a service (SaaS) and other hosted services, data analytics, custom development of websites, software and content, systems integration and technology implementation, email and text message marketing, payment processing and outsourcing.
  • Advertising-related agreements spanning digital, radio and billboard media, including programmatic advertising platform agreements, lead generation service agreements, advertising reseller and affiliate agreements, insertion orders and advertising terms and conditions.
  • Software license agreements and other intellectual property license and assignment agreements, including for U.S. and international copyrights, trademarks, trade secrets and patents.
  • Collaboration agreements between strategic partners for the research, development, manufacturing and commercialization of new products and services, including in the virtual reality, augmented reality and motion simulation fields.
  • Video content production, license and distribution agreements covering various business models and distribution methods, including over-the-top (OTT), TV Everywhere, subscription video on demand (SVOD), advertising video on demand (AVOD), transactional video on demand (TVOD) and traditional linear subscription models, whether through the public Internet, IPTV, cable, satellite, broadcast or other technological means.
  • Revenue sharing, joint venture, equipment purchasing and other types of general commercial agreements.
  • Privacy policies, terms of use and end user license agreements for websites, mobile apps and other software.

Wai also counsels clients regarding:

  • Blockchain and distributed ledger technology development, structuring and implementation, cryptocurrencies and initial coin offerings (ICOs) and associated legal issues.
  • Use of open source code under various permissive and copyleft licensing schemes, including structuring combinations of open source code with proprietary code.
  • Copyright, trademark, trade secret, patent, confidentiality and right of publicity issues.
  • Internet, digital marketing and media-applicable U.S. laws, including the CDA, DMCA, CAN-SPAM Act, COPPA, VPPA and TCPA, and industry standards established by the CTIA, DAA, IAB and NAI.
  • U.S. and international privacy and data security laws and regulations.

Wai serves as Associate Editor of Proskauer’s Blockchain and the Law blog and has been a guest lecturer on blockchain technology at Fordham University School of Law. As in-house counsel to Proskauer, Wai routinely represents Proskauer in the drafting and negotiation of contracts with providers of technology-related products and services and advises its Information Services Department regarding intellectual property and data security issues.

While in law school, Wai worked in the Business & Legal Affairs departments of Marvel Studios in Los Angeles and Marvel Entertainment in New York on a variety of licensing, film and television production, merchandising and publishing matters. Wai also served as senior editor of the University of Pennsylvania Law Review and co-president of the Entertainment & Sports Law Society.

Latest Articles

Proskauer authored a Practice Note published by Practical Law, which provides an overview of the use of blockchain and smart contracts in the supply chain context, including the legal issues, concerns, benefits and risks associated with its use. It includes, among other topics, information on key distinctions between public and private blockchains and important considerations regarding the use of blockchain consortia. The full text of our Practice Note is available here: Practice Note: Blockchain and Supply Chain Management
Today, Ohio reportedly becomes the first US state to allow taxes to be paid in the form of bitcoin. Although the program, which is spearheaded by Ohio Treasurer Josh Mandel, will not be available to individual taxpayers until a later time, businesses operating in Ohio are now able to register on OhioCrypto.com to pay 23 types of Ohio state taxes using bitcoin. In the Office of the Ohio Treasurer’s own words, this initiative represents…
Virtual worlds similar to the OASIS in Steven Spielberg’s upcoming film Ready Player One may be closer than we think – and provably scarce, blockchain-based digital assets could provide the leap forward that gets us there. Already, developers are testing early implementations. Since CryptoKitties launched at the end of 2017, promptly causing a traffic jam on the Ethereum network and proving that crypto-collectible “games” leveraging blockchains can be a hot commodity, a number of copycats
In its latest effort to combat scams in the initial coin offering (ICO) space, the SEC announced today that it has obtained a court order cutting off AriseBank’s ICO of “AriseCoin” tokens, appointing a receiver over AriseBank and freezing AriseBank’s and its co-founders’ digital and other assets. The SEC’s complaint against AriseBank and its co-founders alleges that the ICO, which AriseBank claimed had raised over $600 million and would fund what it touted as the…
The recent Parity wallet “freeze” provides yet another example of a coding vulnerability in a smart contract (rather than a flaw in the underlying blockchain or cryptography) resulting in an exploit that compromises cryptocurrency worth millions. It again highlights some of the pitfalls of insecure code in the context of digital assets and raises questions regarding the extent to which software developers can be held liable to its users for losses suffered due to those…
How can a website operator lose the broad immunity for liability associated with user-generated content conferred by Section 230 of the Communications Decency Act (CDA)? Section 230 has been consistently interpreted by most courts to protect website operators against claims arising out of third-party content, despite some less than honorable conduct by operators.  See, for example, our previous post here.  Courts have applied Section 230 even when they have found it problematic to do…
A simple copyright notice (e.g., “© [Year of First Publication] [Owner]”) on a website can imply an assertion of ownership in individual elements of the website and constitute “copyright management information” under the Digital Millennium Copyright Act (DMCA), a Texas district court held.  A Texas investment company learned this lesson the hard way when it removed the copyright notice from an image, used the modified image on its website without authorization, and was subsequently ordered…
The U.S. Securities and Exchange Commission gave disclosures made through social media platforms such as Facebook and Twitter a conditional “thumbs up” in a Report of Investigation it released on April 2, 2013.  Issuers of securities, the SEC stated, can use social media to disseminate material, nonpublic information without having to make any other disclosures or filings as long as the public is given proper advance notice to keep its eyes on those channels. To…