McDermott provides comprehensive legal counsel to companies with interests in a broad range of TMT-related sectors, including mobile and fixed-line telephony, cable and satellite television, entertainment, film production and financing, software, hardware, outsourcing and telematics. In this complex arena, there is no substitute for firsthand experience: our lawyers have worked for years with TMT companies, in private practice and as in-house counsel.
We advise on mergers, acquisitions and other major transactions, negotiate and draft licensing, end-user and e-commerce agreements, consult on IT outsourcing projects, and provide guidance on regulatory compliance and government lobbying. We have significant international experience, having represented numerous companies in the process of entering and diversifying into North America, Asia, Europe and other international communications, media and technology markets.
Our lawyers have extensive experience representing telecommunications clients in major infrastructure and technology-development transactions, as well as traditional corporate transactions such as mergers, acquisitions, joint ventures, strategic alliances, divestitures and spin-offs. We help clients structure deals in a manner that takes full advantage of new business models, protects intellectual property assets, maximizes returns on investments, and minimizes legal, commercial and regulatory risks.
Our lawyers work closely with colleagues throughout the Firm’s offices and in other practice areas to provide our clients with a fully integrated approach to solving their legal challenges, wherever their business interests take them. Over the years, we have developed specific skills involving internet-related issues and technologies, including VoD, IPTV and VoIP. We have counseled companies across the spectrum of IT-related matters, and have drafted and negotiated numerous general software license, maintenance and support, ASP, VAR, end-user license, technical and professional service, CRM services, consulting partner, software development and software project agreements.
We also advise on agreements in relation to content distribution, search distribution, co-branding, cross promotion, web design, web hosting, hotline services and other internet backbone agreements. Our lawyers have extensive experience in copyright, data protection, antitrust and competition law, as well as general commercial law, and broadcast and media regulation. When disputes arise, we offer full-spectrum litigation and alternative dispute resolution advice on all regulatory and strategic questions relating to this constantly evolving market.
Telefónica S.A. with the acquisition of the German mobile operator E-Plus from Dutch rival KON, in a deal that would create Germany’s largest mobile phone operator
Nokia Solutions and Networks US LLC, a subsidiary of Nokia Corporation, in its acquisition via merger of Eden Rock Communications, LLC, a leader in self-organizing networks
Advising Deutsche Telekom AG (DTAG), Germany’s leading telecoms operator, on ISP agreements with airlines for the provision of in-flight internet access services on airplanes and with regard to the European Aviation Network (EAN), a hybrid network which combines a satellite operated by Inmarsat, plc. with LTE-based ground network base stations operated by DTAG, including advice on the procurement agreements with Nokia for ground network components and related services as well as on regulatory questions in connection with the operation of ground network stations and legal intercept (LI) in Europe
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
Silicon Graphics GmbH, the German subsidiary of a US supplier of visual computing and high-performance systems, on software agreements, general terms and conditions, and complex project agreements, among other matters
Naspers Inc. on the purchase of shares in MFD Mobiles Fernsehen Deutschland GmbH, a German mobile television operator, with agreements on the distribution of German broadcasters via DVB-H, the conclusion of service agreements with a DVB-H telecommunications service provider and other technical service providers, as well as the joint venture resulting in the formation of mobile television operator Mobile 3.0
Irdeto Access B.V., a Dutch vendor of conditional access services, in a conditional access license agreement with Arena, a German satellite TV operator, on encoded satellite communication of German soccer games as well as in a conditional access license agreement with a mobile phone operator on encoded TV transmissions to mobile phones
Managed Network Transactions
Orange Business Services in a network management outsourcing transaction
Ericsson in structuring and negotiating a seven-year managed network services agreement with Sprint Nextel
Alcatel-Lucent in several network management outsourcing transactions
Infinite Computer Solutions in a transition that resulted in Infinite taking over the development, maintenance and support of a Motorola short-message service (SMS) and multimedia-service messaging (MMS) solution, including Infinite Computer Solutions licensing certain Motorola technology
Pier 1 Imports in its nationwide telecommunications and data deal with AT&T
Advising a large telecoms operator on a network outsourcing agreement as well as agreements for the purchase of mobile network equipment and services
Infrastructure Acquisition and Development
Sprint Corporation in its multibillion-dollar acquisition of next-generation wireless infrastructure equipment to be used to upgrade Sprint’s nationwide wireless network, including assisting Sprint with strategy development and deal structure; the transaction is thought to be the single-largest purchase of telecommunications equipment and services
Negotiating the framework agreement on the development of a shared Wi-Fi network in Germany and Eastern Europe between Deutsche Telekom AG and Fon, a global consumer-based Wi-Fi network
Finnair in a procurement process whereby Finnair purchased equipment and services to enable Wi-Fi internet access across its entire fleet of aircrafts, including an equipment purchase, implementation and ongoing services
Blockbuster in negotiating a contract with T-Mobile for the development, licensing and support of a mobile application enabling delivery of Blockbuster content on smartphones manufactured by HTC
Amazon.com in various telecommunications-related transactions, including several dark fiber leases and IP transport arrangements
Level 3 Communications in network construction phases during the first two years of its existence, which was the most dynamic period of growth in the company’s history
Harris Corporation in several telecommunications-related transactions, including an equipment purchase from Avaya and Cisco
Diversey in several telecommunication-related transactions, including its wireline telecommunications services transaction with Verizon, a VoIP equipment purchase and services transaction with Avaya, and an equipment purchase with Cisco
GMAC-RFC in VoIP equipment purchase and services transaction with Avaya