Linda R. Brower

LINDA R. BROWER

Senior Counsel

Linda Brower dedicates her law firm practice to corporate, transactional and regulatory matters for general business clients. Linda advises clients in entity formation, asset/stock sales, mergers, and business divorce, as well as shareholder/member, consulting and employment agreements and disputes, supply chain/vendor procurement, software/technology licensing, SaaS subscriptions, confidentiality, non-compete/non-solicitation agreements, and due diligence reviews. Highly collaborative, detail-oriented and a proactive risk manager, Linda has successfully structured, from inception to completion, the corporate formation and data privacy and security issues related to clinically-integrated networks and value-based service and payment corporate business arrangements. As advisor to medium-sized companies and start-ups, she has innovated deals and ventures resulting in data-driven transformative interoperability platforms, products and services, in such diverse industry sectors as defense and homeland security, edtech, workforce development, and healthcare and life sciences. Linda provides turnkey outside general counsel, corporate, transactional and regulatory advisory solutions as well as surge support for internal law departments.

Linda served as outside General Counsel for a 2,200-member New Jersey chapter of a national association for ten years while in law firm practice previously. Before joining BMK, Linda performed a series of high-profile in-house counsel positions.

• Linda served as General Counsel and Vice President of Human Resources at a not-for-profit international research institute where she served as legal advisor to the Founder/CEO and senior leadership on business operations and contracting, commercial transactions, and information technology (IT). As a member of the strategic planning committee, she was responsible for planning the institute’s organic growth through the creation of new entities expanding on the company’s initial research/educational mission.
• As in-house counsel for an advisory and consulting services start-up, Linda was embedded with market-facing, cross-functional business development, sales/marketing, and product/service implementation teams, where she spearheaded the legal contracting, negotiating and compliance functions resulting in earnings exceeding $120Million in the company’s maiden 4 years.
• As Associate General Counsel at a safety net trauma hospital and academic medical center in Newark, New Jersey, Linda provided corporate, transactional, and regulatory guidance to the executive management team, including on corporate entity acquisitions, master services agreements, joint ventures, asset co-management agreements, employment/consultant agreements, equipment purchase and leases, and data privacy and security-protective measures.

Professional & Civic Activities

• NJIT/NJII Institutional Biosafety Committee, Voting Member and Legal Counsel
• Easter Seal Society of New Jersey – Member, Board of Directors
• Morris County (NJ) Mental Health Advisory Board – Member
• Mendham Borough (NJ) Board of Health – Member
• New Jersey State Bar Association (Health & Hospital Section) – Member
• Healthcare Compliance Association – Member

Representative Transactions

• Advised on business law corporate arrangements, including drafting, reviewing and negotiating complex commercial transactions, involving IT/software licenses, SaaS subscriptions, MSAs, strategic alliances and reseller/channel distribution agreements.
• Drafted and negotiated vendor, supply, employment, consulting agreements (and attendant supporting documents, i.e., BAAs, LOIs, Term Sheets, confidentiality/NDAs & Non-Solicitation, trusted data sharing and data use and reciprocal sharing agreements, SLAs).
• Negotiated technology agreements, including data collection, metrics and analytics.
• Reviewed and drafted enterprise risk arrangements, cyber security/technology E&O/data privacy and security insurance and coverage levels, and structured indemnification, representation/warranty provisions.
• Drafted and negotiated space and workforce lease, cell and gene process development and manufacturing agreements for biotech/biopharma industry fee-for-service proprietary customer R&D projects.
• Helped overhaul an enterprise’s legal contracting, ethics and compliance training and regulatory oversight functions, as required by a U.S. Department of Justice 5-year, $8.3Million corporate enterprise penalty agreement.
• Counseled executive management and corporate management committees on matters involving health care law [Anti-kickback, Stark, false claims], data privacy and security laws [HIPAA/HITECH, GDPR, FCRA], and insurance, compliance and regulatory issues.