Technology is the foundation of established and emerging businesses across a wide range of industries and endeavors. In an ever-changing environment, including the emergence of disruptive technologies, our global technology transactions team exists to guide clients through every type of technology transaction and help them succeed.
We work collaboratively to manage and reduce risk. Our experience encompasses developing and negotiating product development and product supply terms and conditions, including bespoke technology and intellectual property (IP) licensing transactions and innovative software as a service solution.
We have proven knowledge in negotiating, procuring, and advising clients on large complex platform implementations and outsourcing of services and infrastructure. Our understanding of the industries, needs, and expectations of our clients, coupled with our familiarity of the standard approaches within most industries, enables us to provide practical and commercial legal solutions to benefit our clients.
Technology Licensing and Transactions
We advise clients on all aspects of technology transactions and IP licensing, including IP-driven joint ventures, research and development collaborations, and strategic alliances. Our experience includes structuring and negotiating business transactions involving significant IP aspects for both the largest public companies in the world and small private enterprises.
We draft and negotiate substantial software license and development agreements, representing both licensors and licensees. We also understand issues associated with open source and “free” software and help clients build compliance programs to avoid unwanted surprises.
Additional aspects of our licensing practice include cross-licensing and joint development agreements in diverse fields, including chemistry, metallurgy, semiconductors, beverages, marketing and advertising, electromechanical systems, computer hardware, and software.
Our lawyers have worked with issues related to the internet for almost three decades, and understand the speed at which internet-enabled businesses change and evolve. Whether it is the negotiation of a simple website hosting agreement, research of complex issues related to cross-jurisdictional protection of personal information, or anything in between, our lawyers know how to provide advice efficiently.
We also have extensive experience with cloud computing and Software as a Service (SaaS) agreements on both the provider and customer sides. We impart advice that balances cost benefits with the potential risks and help our clients make informed decisions with respect to cloud computing.
Technology Standards Organizations
A technology company considering potential participation in a standards organization — whether as a promoter, member, or adopter of a resulting specification — must analyze the plethora of business and legal ramifications of such participation. This analysis is increasingly warranted whether the standards organization is based upon “openly shared” IP rights or upon IP rights that require licensing between members and adopters.
Our lawyers assist in the initial analysis that any technology company should undertake in evaluating whether participation in a particular standards organization conforms to the company’s business plans and goals.
Our team has experience preparing the IP rights policies (IPR policy) of many cutting-edge standards organizations and counseling clients concerning the legal ramifications of joining, and continuing their participation in, standards organizations that have already adopted an IPR policy. Our lawyers also assist companies with other issues associated with participation in a standards organization, including tax issues, impact of the structure of the standards organization’s board of directors and working groups, other corporate governance issues, processes for certifying products that are compliant with the specification, and counseling on unfair competition issues.
Software, Hardware, and Cloud Services (SaaS)
We represent many cloud computing providers ranging from hosting companies servicing thousands of web applications to large corporations servicing millions of individual accounts to small companies providing hosted email services to their customers. We understand the risks and rewards of hosted applications and help strike the right balance between dangers like data loss and security breaches and advantages such as reduced costs and improved efficiencies. We believe that we are the right choice to help companies that rely on cloud computing and hosted applications in their businesses.
Our clients use cloud computing and hosted services in many ways, including office and productivity, financial, accounting and payroll, human resources and training, sales management and customer relationship management (CRM), logistics and warehouse management, and web analytics and advertising.
We also have a deep understanding of and handle a variety of matters relating to the development and use of artificial intelligence, machine learning, analytics, speech/voice recognition, and biometrics and telematics.
Complex Platform Procurements
We act for companies looking to procure complex software platforms such as Oracle, SAP, Infor, and Epicor as well as a range of CRM solutions. We have deep experience in negotiating with software vendors as well as leading system implementers, allowing us to quickly navigate to market standard positions. Our team has unique insights in proper sourcing strategies and unique project risk mitigations.