Whether a company’s primary driver of revenue or an essential tool in providing better products and services, technology plays an important role in virtually every business. The lawyers of McDermott’s Technology industry practice advise clients in the technology sector on all aspects of their business concerns and initiatives, including mergers, acquisitions, joint ventures, technology development, transactions, outsourcing, intellectual property, compliance and operational issues. We also help clients develop the technology infrastructure and strategic relationships required to maximize value and achieve business objectives.
Our group includes lawyers with extensive records of success advising startups, Fortune 50 technology companies, and national and multinational enterprises. We have structured, negotiated and closed billions of dollars of transactions for clients across North America, Europe, the Asia-Pacific region, Latin America and Africa. Perhaps most important, we have substantive experience in the unique products and services of our technology clients and in the technologies and issues that matter most to today’s businesses.
Every day, we advise technology clients on a wide variety of technology-related matters, including acquisition and licensing of technology and IP assets, cloud computing, Software as a Service (SaaS), Platform as a Service (PaaS), and Infrastructure as a Service (IaaS); IT and business process outsourcing (BPO); data hosting, management, privacy and security, distribution agreements, technology development, maintenance, services and licensing, e-commerce and electronic payment systems, mobile apps and social media, open-source software, consulting services and contract manufacturing.
A number of our partners have been recognized as leading practitioners by publications and ratings agencies such as Chambers Global, Chambers USA, Chambers Europe, The Best Lawyers in America, The Legal 500, The Legal 500 EMEA, The Legal 500 Deutschland, JUVE Handbuch Wirtschaftskanzleien, BTI Consulting Group, Lawdragon and The Black Book of Outsourcing.
New technologies, emerging business models and an increasingly mobile workforce have made cloud computing the IT option of choice for many businesses and organizations. We have represented numerous providers, corporate customers and investors on all sides of technology transactions and agreements involving cloud computing, Software as a Service (SaaS), Platform as a Service (Paas), Infrastructure as a Service (IaaS), hosted arrangements, web services and application outsourcing. We help domestic and multinational clients identify and address potential issues such as data security, protection and privacy, while determining the value of services in terms of increased revenues, reduced costs and more efficient operations. We regularly draw on our Firm’s experience in technology intellectual property, finance, corporate transactions, regulatory issues and compliance, and other key areas of law to negotiate transactions and develop enforceable terms of service, service level, subscription and other agreements.
Social media has quickly evolved from a personal-connection medium to a primary means of business, advertising, marketing, promotion, communication and reputation/brand management. The opportunities that arise from these new technologies are accompanied by equally daunting challenges and uncertainties. We help clients create and implement practical solutions that help them manage online and social media platforms and presence, respond to claims, complaints and regulatory actions, and better understand and comply with user-driven standards, new laws, cooperative self-governance and regulatory oversight. Given the broad range of issues that arise through participation in social media, we draw on the experience and knowledge of lawyers throughout the Firm’s technology, corporate, intellectual property, labor and employment, litigation and dispute resolution, and other key practice areas to help clients safely capitalize on opportunities in this environment.
Internet of Things
The “old” internet is being surpassed by the “internet of things”: technologies embedded in and connecting the everyday objects that people use at work, at home, in the car—even while asleep. McDermott’s lawyers advise clients on the myriad legal and commercial issues that arise from the development, deployment, licensing and sale of products, processes and services relating to wearable technologies, smart buildings and cities, telemedicine and e-health, energy and automobiles, among other growth areas. We also recognize that laws and regulations surrounding data privacy, consumer protection and telecommunications significantly affect the production, sale and use of these technologies.
Motorola Solutions in several transactions, including its recent acquisition of Public Engines, Inc., a provider of cloud-based public safety solutions for law enforcement agencies
Securus Technologies, Inc., with several transactions, including the acquisition of substantially all of the assets of CellBlox, Inc., which provides hardware and software solutions to prevent prison wireless suppression
Huron Consulting Group Inc. with several transactions, including the acquisition of Sky Analytics, Inc., a consulting firm specializing in technology services in the legal industry, with the acquisition of The Frankel Group Associates LLC, a consultancy firm to businesses in the life sciences industry
MasterCard with the acquisition of C-SAM, Inc., a leading provider of mobile wallet and on-device software and services
Citrix Systems in transactional and patent litigation services ranging from server, client and network delivery of cloud-based applications and end-user experience management, and including the successful defense of Citrix in a five-patent infringement suit related to fundamental aspects of web-based conferencing involving Citrix’ Go-to-Meeting® and Go-to-Webinar® products (Pixion, Inc. v. Citrix Systems, Inc. (N.D. Cal.))
Spirit AeroSystems in SaaS cloud computing agreements and other technology matters
Numerous companies acquiring cloud-based solutions, including Microsoft, Amazon, Salesforce.com, Google, NetSuite, Rackspace, VMware and SoftLayer
HomeServices, a Berkshire Hathaway-owned mortgage loan processing company, in a cloud-based loan application platform license with Ellie Mae
Harris Corporation in its joint venture to develop cloud computing-based medical image management solutions with Johns Hopkins Medicine
Mitsubishi Heavy Industries in its BPO transaction with Genpact that resulted in a captive organization providing various finance and accounting services to Mitsubishi’s various subsidiaries around the world
CoreLogic in a BPO transaction with TCS, whereby TCS will provide data entry, verification and reporting services
Sprint Corporation with a finance and accounting (accounts payable) BPO deal with ACS, and a call center transaction with IBM
Neiman Marcus Group in the negotiation of a benefits administration outsourcing agreement for 401(k) management with Fidelity Investments
Assurant, a Fortune 275 insurance company, in a business process outsourcing agreement for cash management and general ledger services with EXL Technologies
Technology & Commercial Transactions
Sprint Corporation in its acquisition of next-generation wireless infrastructure equipment used to upgrade its nationwide wireless network
Vinli in an M2M wireless data deal with T-Mobile to provide wireless services to the Vinli OBD II device enabling vehicles to become a “connected car”
A software company in its agreement with Intel to provide wireless connection management services for Intel’s next-generation mobile chipset to be utilized in smartphones, tablet PCs, netbooks and other mobile devices
Spirit AeroSystems in SaaS cloud computing agreements and other technology transactions matters
BBVA Compass Bank in a software development transaction with Accenture
Proctor & Gamble Company in its agreements with Teva Pharmaceutical Industries to create a partnership in consumer health care
Micron Technology in the formation of IM Flash Technologies, a $5.2 billion joint venture with Intel Corporation
Finnair in a procurement process whereby Finnair purchased equipment and services to enable Wi-Fi internet across its entire fleet of aircrafts