Donald S. Burnham



Don Burnham works with business and individual clients on a broad array of sophisticated transactional and operational issues, with special emphasis on technology and intellectual property matters. He routinely counsels clients in the fields of computer software; telecommunications; e-commerce; health care, including medical services and medical technologies; health information technology; manufacturing; consumer electronics; advertising and public relations; intellectual property protection; as well as numerous nonprofit and charitable institutions.

Representative Matters

Representation of domestic and international software, telecommunications, technology, and e-commerce entities engaging in business transactions in the U.S., including venture capital financing, bank financing, strategic investments, distributions and sales, and mergers and acquisitions. Examples are as follows:

  • Represented a foreign-owned software development company with branches in the U.S., France, and the Middle East in its sale to a global software conglomerate of its patented software assets, including a portfolio of registered copyrights and trademarks.
  • Represented a mobile telecommunications operator in its initial strategic investor and venture capital fundraising rounds, and in the drafting and negotiation of many of its third party vendor agreements.
  • Represented a health informatics company in its early private fundraising rounds, including the negotiation of certain technology rights from a university based technology transferor.
  • Represented a national health care services company in the negotiation of a customized electronic health records (EHR) software system.
  • Represented several community-based hospitals in the acquisition and negotiation of dozens of health information technology licenses and related technology acquisition agreements.
  • Represented a regional health insurance company in the sale of all its stock to a national health insurance conglomerate.
  • Represented a foreign-owned catalog sales company in a management buy-out of its catalog assets, its distribution warehouse, and a related outdoor shopping mall.
  • Represented a family-owned manufacturer and wholesaler of coffee in the sale of its entire business, including its coffee roasting equipment, inventory, sales contracts, and related assets.

Advises clients in the preparation and negotiation of all employee-related agreements, including employment agreements, compensation arrangements, intellectual property protection, work-for-hire documentation, restrictive covenants, consulting agreements and separation agreements, and workplace policies and procedures.

Professional Affiliations

  • Boston and Massachusetts Bar Associations
  • Greater Boston Chamber of Commerce and Smaller Business Association of New England
  • New England Council

News and Insights