Mary Katherine Kulback
Partner
Mary Katherine specializes in intellectual property, technology, privacy, and data security matters, and assists her clients in building, commercializing, protecting, and enforcing their intangible assets.
- Corporate Advisory Services: Mary Katherine advises on intellectual property and technology matters associated with mergers, acquisitions, asset purchases, investments, and other strategic transactions and routinely represents buyers, sellers, investors, and investees. She provides strategic guidance on optimal structures for IP and IT transactions; negotiates and drafts intellectual property provisions in purchase agreements and negotiates and draft licenses, assignments, transfers, and other agreements ancillary to the transactions; and evaluates intellectual property secret portfolios, companies’ practices and agreements related to the development of IP and the protection of confidential and trade secret information, companies’ IP enforcement practices and IP-related disputes, and companies’ IP-related agreements in connection with such corporate transactions. Mary Katherine assists private equity firms and other clients in improving their practices to increase the value of intangible assets and mitigate risk. When IP is collateralized, Mary Katherine negotiates the IP provisions of security and credit agreements and handles perfection and release of security interests in intangibles.
- IP / Technology / Data Counseling: Mary Katherine advises emerging and established companies on the development, protection, licensing, use, and commercialization of creative, intellectual, and other intangible properties such as patents, trademarks, data, trade secrets, and software. Mary Katherine also counsels clients on compliance with intellectual property, privacy, and data-security laws in connection with the development and use of such intangible assets. In addition, Mary Katherine provides risk management counseling in connection with IP related issues, including open source software. Mary Katherine works closely with Winston’s litigators to build value of intangible assets and mitigate risk associated with the development and use of intangible assets.
Mary Katherine is a member of Winston’s Regulated Personal Information (RPI) team. RPI is a collaboration between the firm’s Transactions and Litigation departments that is designed to provide clients with a full-service team of attorneys to address the increasing number of privacy laws that include private rights of action. Mary Katherine is also a member of the International Trademark Association (INTA) and the Licensing Executive Society (LES).
- Commercial Contracting: Mary Katherine drafts and negotiates a wide variety of agreements involving intellectual property, technology, privacy, data security, and commercial issues, including assignments, licensing and cross-licensing agreements; development agreements; joint venture agreements; strategic alliance agreements; research, development, and cooperation agreements; manufacturing agreements; service agreements; supplier agreements; reseller agreements; software as a service (SaaS), cloud service agreements, and other sourcing and IT-related agreements; consulting agreements; e-commerce agreements, and confidentiality agreements.
Recent Experience
- Best Lawyers: Ones to Watch®in America—Recognized for Intellectual Property Law and Mergers & Acquisitions Law (2021–2024); Litigation- Intellectual Property (2022–2024); and Corporate Law (2024)
- Lawdragon— Named among the “500 X – The Next Generation” for IP (2023–2024) and the “500 Leading Dealmakers in America” for Technology Transactions (2025)
Capabilities
Recent Experience
Credentials
Education
Mary Katherine received a B.A. in the Program of Liberal Studies from the University of Notre Dame in 2009. She received her J.D., cum laude, and the Certificate of Intellectual Property, from Chicago-Kent College of Law in 2013. While at Chicago-Kent, she was awarded the ABA-BNA Award for Excellence in Intellectual Property, the Dolores K. Hanna Trademarks Prize, and CALI Awards for Highest Grade in her Entertainment Law, Trademarks, and Unfair Competition, Intellectual Property and Technology Licensing, and Patent Law courses. She served as the associate editor of the Chicago-Kent Journal of Intellectual Property and secretary of the Chicago-Kent Sports & Entertainment Society.
Admissions
- Illinois
Related Insights & News
Speaking Engagements
- “Mastering Contracts: Navigating Privacy Requirements and Negotiations for Organizational Protection,” Winston & Strawn Webinar, Panelist, Aug. 15, 2023
October 22, 2024
June 28, 2024
August 17, 2023
July 7, 2023
August 18, 2022