Mailin is a highly experienced commercial lawyer, specialising in copyright, digital, technology and data. She supports clients to bring their project to life, advising on a breadth of commercial matters which pivot around the exploitation of intellectual property rights, the build and use of technology, and digital products and services.
She works with clients ranging from start-ups to established global businesses, working across a variety of sectors but with a strong focus on technology, media, creative industries, automotive and retail sectors.
Mailin’s experience includes working in-house, including as virtual in-house counsel to a legal solutions SaaS provider, as well as for a number of Pearson-owned companies including the Financial Times, Penguin Television and Pearson Broadband.
Mailin was instrumental in meeting a crucial deadline. This was underlined not only by her incredible professional approach to the task but also by a clear understanding of effective client engagement.
Gigs Thoukidides, Financial Times
Mailin was great to work with. She quickly understood the project brief, exceeded the project delivery requirements by thinking creatively and flexibly, and was a pleasure to work with. I highly recommend her.
Emily Oliver, KEO Films
Mailin Bala is very approachable and practical. She uses her legal expertise very effectively to help us assess and mitigate the real world risks.
The Legal 500 UK, 2021
Expertise
- Intellectual property (development, acquisition, protection, licensing and exploitation)
- Media
- Publishing
- Technology (including SaaS and Cloud)
- B2B and B2C digital products and services (including those developed through artificial intelligence)
- Social, including live social broadcasts, influencer management and social collaborations
- Platform/app build and operation
- Software development and exploitation
- Data acquisition and licensing
- Data protection
Experience
Intellectual Property
- Advised a gaming company on an intra-group transfer of proprietary technology, to a gaming software spin-off, ready for exit.
- Supported a content provider in connection with its negotiation and implementation of contracts relating to its partnership with NEOM (Saudi Arabia’s new smart, sci-fi city) for Oxagon (which will be the world’s largest floating city). Work included negotiating the terms of the metaverse as a service (MAAS) agreement with NEOM and the related statements of work, to apportion, align and/or flow down the relevant liability and risk between parties and ensure adequate IP protection.
- Acted for a leading global provider of platform, channel, and content protection services (including identification of piracy content). Work included liaising with the tech team to interrogate the robustness of the technology and its ownership and making recommendations to mitigate risk and perfect title to IP.
- Advised on the protection and exploitation of a global business’ intellectual property in the context of its complex intellectual property ownership structure, its future growth plans globally and its key supplier contracts.
- Acted for a global consultancy business in connection with its IP maximiser programme, including identification of background and newly created intellectual property and devising and implementing strategy for its protection.
- Supported the publishing team of an inter-governmental organisation to assess risk of IP infringement in respect of legacy assets and implementing fresh protocols, guidance and training to enable team to leverage assets.
- Unpicked a complex web of IP ownership and licensing issues for the new owner of an IP estate created over the course of 45 years across a variety of territories, including identifying gaps in title, implementing corrective course of actions and devising protocols and templates to ensure improved acquisition of rights moving forward.
- Worked with tax advisors to implement intra-group assignments and licences for the most tax-efficient home for intellectual property.
Media
- Supported a creative studio that combines technology and creativity to produce immersive experience for high-profile brands and landmark venues with a suite of template documents for the acquisition and licensing of its immersive experiences.
- Advised production houses on commissioning and distribution agreements with major broadcasters, including the BBC for ‘Sarah and Duck’, a successful pre-school animation for CBeebies.
- Advised a variety of media companies on numerous builds of platforms, including the digital home of Harry Potter (including e-commerce and experiential site) and apps developed for Hugh Fearnley Whittingstall’s KEO Films.
- Advised various production companies on their data protection compliance programmes, including producing procedures for acquisition of consents, contributor (including child contributor) releases, DPIAs, legitimate interest assessments, appropriate policy documents, data retention and criminal record compliance.
- Supported a Premier League football club in connection with its decision to agree to a fly-on-the-wall documentary and the ensuing agreement with the production company.
- Advised on merchandising and sponsorship agreements, including with Disney, Penguin Clothing and Financial Times.
- Advised brands, production houses and other companies within the creative industries on a variety of agreements dealing with acquisition and exploitation of intellectual property, including option, development, co-production and talent agreements.
Publishing
- Advised the owner and worldwide manager of intellectual property created by the world’s leading authority in the field of creative and conceptual thinking, Dr Edward de Bono, on a variety of rights and licensing issues, including in connection with its global training programme.
- Supported the publishing team of an intergovernmental organisation, whose remit is to support democracy and electoral assistance worldwide, on its strategy to make its content widely available on an open access basis, including advising on creative commons licence terms and permissions for third-party use.
- Worked with a variety of publishers (including trade, educational and academic publishers) to put in place strategic partnership agreements and template author contributor, co-contributor and collaboration agreements and accompanying guidance as well as training for the client to deploy procedures and templates.
- Conducted an IP audit for a digital educational publisher to identify gaps in the chain of title of its assets and created a suite of templates contracts to ensure the capture of intellectual property going forwards.
- Drafted and negotiated agreements for the build of platforms, including digital home of Harry Potter (including e-commerce and experiential site) and Macmillan’s e-learning platform.
- Advised an educational publisher on its SaaS offering, made available to educational authorities, schools and parents, including framework and B2B and B2C subscription T&Cs.
- Advised a global publisher on the rollout of its digital product (including content mapped to the national curriculum) to its distribution network across South East Asia.
- Acted as virtual in-house counsel for a national newspaper on a variety of agreements in connection with the operation of its business, including supply and services agreements, print and distribution agreements, strategic alliances, data licensing agreements, content syndication and payment processing agreements.
Technology
- Advised the owner and worldwide manager of intellectual property created by the world’s leading authority in the field of creative and conceptual thinking, Dr Edward de Bono, on a variety of rights and licensing issues, including in connection with its global training programme.
- Supported the publishing team of an intergovernmental organisation, whose remit is to support democracy and electoral assistance worldwide, on its strategy to make its content widely available on an open access basis, including advising on creative commons licence terms and permissions for third-party use.
- Worked with a variety of publishers (including trade, educational and academic publishers) to put in place strategic partnership agreements and template author contributor, co-contributor and collaboration agreements and accompanying guidance as well as training for the client to deploy procedures and templates.
- Conducted an IP audit for a digital educational publisher to identify gaps in the chain of title of its assets and created a suite of templates contracts to ensure the capture of intellectual property going forwards.
- Drafted and negotiated agreements for the build of platforms, including digital home of Harry Potter (including e-commerce and experiential site) and Macmillan’s e-learning platform.
- Advised an educational publisher on its SaaS offering, made available to educational authorities, schools and parents, including framework and B2B and B2C subscription T&Cs.
- Advised a global publisher on the rollout of its digital product (including content mapped to the national curriculum) to its distribution network across South East Asia.
- Acted as virtual in-house counsel for a national newspaper on a variety of agreements in connection with the operation of its business, including supply and services agreements, print and distribution agreements, strategic alliances, data licensing agreements, content syndication and payment processing agreements.
Digital
- Advised a digital media agency on its engagement of high-profile brands and celebrities in connection with their social media campaigns, including live web broadcasting from social media platforms and the provision of social media products and services.
- Acted for a production company on a variety of digital initiatives, involving platform development, compliance, competitions and online marketing.
- Advised an ideas agency on a suite of templates in connection with its brand partnerships and influencer agreements.
- Advised retail businesses in connection with their digital products and services offerings, including the build of their platforms, service delivery, T&Cs and compliance.
- Advised a marketing company on app development and customer relationships in connection with its CRM platform built to generate and follow up leads between dental practices and its customers.
Data
- Supported numerous clients in connection with their worldwide collation of business intelligence, including the tools, platforms and collaborators through which/whom that data is collated.
- Conducted data audits to identify and demarcate data ownership, including advising on original, derived data and usage data.
- Advised on the protection of data and data compilations as intellectual property assets, including copyright and database rights.
- Reviewed and advised on the acquisition/licensing of third-party data and drafted licensing and subscription terms for B2B and B2C customers.
- Conducted an audit of data licence agreements for a global data provider to enable the commercial team to understand how to leverage existing data for additional services and products.
Data Protection
- Produced data protection toolkits for numerous clients, comprising a suite of templates, notices (including easy-read versions), guidance and training to help them achieve GDPR compliance.
- Supported a high-profile management company of properties for TV, fashion and music on data protection issues, including in connection with use of personal data for a variety of its clients, including in connection with the Spice Girls reunion tour.
- Advised a platform owner on the collation and use of personal data through various means, including digitally through webforms placed on its clients’ sites and via advertising campaigns on third-party platforms, via telephone and in person for use in connection with its clients and their end users’ dental practices.
- Worked with the data protection function of a global betting company in connection with its data protection compliance campaign, regarding collation and processing of customer, franchisee, employee and ‘rest of world’ personal data, including an intra-group data sharing agreement.
- Drafted the release forms and relevant consents for a TV production company, in connection with both child and adult contributors, including DPIA, privacy notices, and protocols for obtaining consents.
- Advised a broadcaster on GDPR and lawful basis for filming, including the journalism exemption.
- Produced a direct marketing playbook for a cross-border client to support its marketing team.
- Conducted data protection audits, devised cross-border compliance strategies, and advised on compliance and risk management.
Retail
- Drafted and advised on compliance in respect of B2C consumer terms for a variety of platforms, including information only sites (e.g. Martin Lewis’ Moneysavingexpert.com), online marketplaces, facilitation and crowdfunder sites. Work included crafting customer relationship documentation, including T&Cs, delivery, cancellation and returns policies and privacy notices.
- Advised a Premier League football club on a range of issues, including season ticket T&Cs and membership offerings.
- Supported high-profile brands on their promotional campaigns, including those published via social media, including advertorials and influencer posts (e.g. the distribution of live event recordings over Vevo and other social media channels, including a live webcast of Littlewoods live marketing event on its Facebook page).
- Provided compliance advice in relation to website and marketing content, including with e-commerce, consumer protection, data protection and advertising laws and regulations, including ASA and CAP codes.
- Advice and training for various retailers on running promotions and competitions, on products, online and on social media, and prepared relevant documentation.
- Supported a global gaming operator in connection with its customer-facing data protection compliance programme, in respect of data collected from its global business and its franchisee operations.
Automotive
- Supported an automotive business intelligence client with its worldwide collation of business intelligence, including the tools, platforms and collaborators through which/from whom that data is collated.
- Advised an automotive insurer on an agreement for acquisition of black box telematics for sale in conjunction with its insurance policies, and on a strategic partnerships for installation services.
- Crafted T&Cs for a provider of fleet and connectivity solutions to cater for its B2B and B2C electric vehicle charging solutions.
- Advised a global automotive market research company on a software development consultancy agreement for the build of a new SaaS platform.
- Advised dealerships on their online presence, including in connection with their promotional campaigns.
- Advised on strategic alliances and partnerships, including a global automotive services company, in connection with its reseller agreements.
General Commercial
- Advised an award-winning design and architectural practice in connection with a number of its projects, including the move of the Museum of London at West Smithfield and installations for high-profile brands (including Coca-Cola and Swarovski) worldwide.
- Supported a Premier League football club, including in connection with front-of-stadium digital and pitch-side signage, third-party Wi-Fi installation and its strategic partnership agreement, identifying scope for potential additional revenue streams.
- Worked alongside key stakeholders for a consumer electronics giant, to complete a review and refresh of commercial contracting and procurement procedures as well as standard contractual documentation and protocols, including standard sales and purchase conditions, standard NDAs, guarantee documentation and customer and supplier diligence documentation.
- Assisted an acquirer of a multi-million-pound high-profile hair transplant business to put in place a contractual framework for medical services to be supplied by surgeons.
- Devised a variety of intra-group agreements for global businesses in connection with cross-group provision of services and licensing of digital products.
- Advised high-profile buyers and investors on multi-million-pound corporate transactions, including reporting on the commercial, intellectual property, data protection and technology-related elements of sales, purchases and/or investments in businesses, with a focus on technology and retail.
Please note: The experience list above may include examples of work completed prior to joining Keystone Law.
Career
Mailin qualified as a solicitor in 1997. Prior to joining Keystone Law, she worked at the following firms:
- Gateley
- Shoosmiths
- Berwin Leighton Paisner
- Wiggin & Co