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Kirk A. Soderquist
- Firmwide Co-Chair, Digital Media & Entertainment, Gaming, & Sports Industry Group; Firmwide Co-Lead, Interactive Entertainment Vertical
Kirk represents emerging growth and established technology companies in the gaming, entertainment, software, cloud, Internet, social networking, e-commerce, retail, and advertising industries.
Kirk Soderquist is a partner in the Technology Transactions & Privacy practice in the Seattle office of Perkins Coie and a co-chair of the firm's Interactive Entertainment practice. His practice is focused on intellectual property and technology licensing, mobile (apps, advertising, payments, adtech, etc.), Cloud enablement & SaaS providers, product counseling, Internet of Things (IoT), digital media, entertainment, advertising and marketing law, mergers & acquisitions and corporate finance.
Kirk focuses his practice in the Interactive Entertainment industry, representing publishers, developers, companies engaged in augmented reality (AR) and virtual reality (VR), and distributors, Internet of Things (IoT) manufacturers and providers, social networks, and various game enhancement service providers.
Kirk is a member of the firm's Retail & Consumer Products industry group which has been ranked in Band 1 in Chambers USA every year since the retail practice rankings were established.
Areas of focus
Industries
Services
Education & Credentials
Education
- Willamette University College of Law, J.D., Editor-in-Chief, Willamette Law Review, 1998
- Willamette University, Atkinson Graduate School of Management, M.B.A., 1998
- Santa Clara University, B.S., Political Science and History, 1993
Bar and Court Admissions
-
Washington
Professional Recognition
Listed in Thomson Reuters “Stand-out Lawyers,” 2024
Listed in Best Lawyers in America: Technology Law, 2022-2023; Advertising Law; Information Technology Law, 2024
Listed in Lawdragon 500 Leading Global Cyber Lawyers, 2024
Listed in Super Lawyers as Top Rated Business & Corporate Attorney in Seattle, WA
Ranked as a Partner of the National Tier 1 Advertising, Marketing & Promotions industry group by U.S. News - Best Lawyers®, 2018
Selected for "40 Under 40," a profile of young leaders in the business community demonstrating vision and innovation, Puget Sound Business Journal, 2009
Listed in Washington Law and Politics as a "Washington Rising Star," 2004, 2006-2007, 2009-2010
Impact
Community Involvement
- Video Game Bar Association (VGBA), Board Member, 2017-present
- The 5th Avenue Theatre, Board Member, 2001-2015
- NW Next, Board Member, 2011-2012
- Volunteer Advocates for Immigrant Justice, Pro Bono Attorney, 2005-2006
- Washington Academy of Performing Arts, Pro Bono Attorney, 2000-2005
Insights
News
Professional Experience
Technology Transactions & Privacy
Cloud Enablement Provider
Assisted with the preparation and negotiation of various agreements related to providing cloud enablement services including customer agreements, onboarding agreements, reseller and OEM agreements, service terms, privacy policy and acceptable use policy.
BitTitan, Inc.
Represented BitTitan, Inc. in its Series A preferred stock financing.
Outbound Licensing for Software and Content Companies
Assisted various software and content companies with the outbound licensing and distribution of software and digital content.
Data Security and Privacy Advice
Advised numerous cloud service providers, internet & ecommerce, SaaS providers and game publishers regarding development of data security and privacy policies and procedures and agreements.
Interactive Entertainment
Virtual Reality
Provide advice and assistance to the Virtual Reality (VR) manufacturers regarding content development and distribution agreements, creation of a content marketplace, privacy & data security, health & safety issues, consumer-facing agreements, research and development agreements, strategic partnerships, certification, regulatory compliance and various licensing arrangement.
Game Publishing Agreements
Represented numerous game publisher in connection with game development and publishing agreements.
Online Recurring Payments
Provided assistance to online game providers regarding online recurring payment authorizations under State and Federal continuous offer, auto renewal and recurring payment laws and regulations, Electronic Funds Transfer Act and payment association rules.
Regulatory Counseling for Companies Involved With Virtual Currency
Counseled various interactive entertainment companies regarding laws related to virtual currency, including state “money transmitter” laws, federal anti-money laundering and “money service Business” laws, the Electronic Funds Transfer Act and Regulation E, escheat (unclaimed property), coupon, gift certificate and federal and state privacy and security laws, among others.
Microsoft Acquisition of Mojang (Minecraft)
Represented Microsoft Corporation as U.S. counsel and primary intellectual property counsel in its $2.5 billion acquisition of Stockholm-based game developer Mojang, the creator of the “Minecraft” video game franchise.
Microsoft Acquisition of “Gears of War” Franchise
Represented Microsoft Corporation in its acquisition of the “Gears of War” game franchise from Epic Games, Inc., a developer of games and cross-platform game engine technology.
Big Fish Games, Inc.,
Represented Big Fish Games, Inc. in its sale to Churchill Downs Incorporated.
Z2Live, Inc.
Represented Z2Live, Inc. in its acquisition by King Digital Entertainment plc.
Game Design and Development Agreements
Represented numerous developers in connection with online, PC, mobile and VR game development agreements.
Microsoft Acquisition of Assets Twisted Pixel
Represented Microsoft Corporation in its acquisition of the assets of Twisted Pixel Games, LLC.
Acquisition and Sale of Game Assets
Represented companies in both acquisition and sale of game-related assets.
Advertising, Marketing & Promotions
Assistance Structuring Prepaid and Loyalty Programs for Various Issuers
Assisted various companies with the structuring of open-loop and closed loop gift card programs and loyalty programs, including prepaid products and physical and electronic "Points" programs for interactive entertainment and other companies.
AdTech Advice and Agreements
Representing numerous clients in the online and mobile advertising ecosystem including providing strategic advice on the approach to commercial and customer relationships and in drafting and negotiating advertiser and publisher agreements, RTB exchange agreements, demand side platform and supply side platform agreements, data sharing and data analytics agreements, strategic partnerships, SDK licenses and various affiliate program agreements.
Gambling Advice and Counseling
Provide advice and counseling to social media and advertising platform providers regarding advertising Daily Fantasy Sports, (DFS) and games of skill.
Coupons, Gift Certificates, Gift Cards and Unclaimed Property
Assisted clients with compliance with coupon, gift certificate, gift card and unclaimed property laws and regulations for various promotional offers.
Mobile Advertising Network
Represented mobile advertising network in connection with Federal Trade Commission investigation under Section 5 of the FTC Act regarding network’s data collection practices, advertising formats, and disclosures to users.
Continuous Offer and Automatic Renewal Services
Provide advice and counseling to numerous clients involved in continuous offer, auto renewal and recurring payment services
Advertising and Promotion Issues
Represented and counseled various clients regarding unfair and deceptive trade practices, direct marketing and other advertising and marketing issues related to promotions.
Contests and Sweepstakes
Represented numerous clients regarding the structure, organization and execution of various promotions (for example, sweepstakes and games of skill).
Internet of Things (IoT)
IoT - Wearables
Represented one of the world’s largest talent agencies as product counsel in connection with data collection and use via wearable technologies at its annual fashion shows and other events.
IoT - Fintech and Payment Systems
Represented one of the world's largest talent agencies in negotiations and preparation of multiple contracts pertaining to the integration of mobile point of sale capabilities powered by a consumer-focused payment system app.
IoT - Interactive Entertainment
Represented one of the world's largest talent agencies in commercial contract negotiations with Lemon Mobile in connection with a private label solution for proximity and location-based advertising and marketing campaign development and deployment.
Electronic Financial Services
Money Transmission and Anti-Money Laundering
Provide comprehensive counseling regarding compliance with state and federal money transmission laws as they relate to emerging payment systems, and in particular decentralized virtual currency business ventures. Develop and implement anti-money laundering programs, conduct related risk assessments, and represent clients before state and federal regulators like FinCEN and state departments of financial services.
Virtual Property and Real Money Transactions
Assisted virtual property trading platform company with regulatory compliance related to electronic payment systems and real money transactions.
Negotiation of Electronic Financial Services Agreements for Various Companies
Helped various companies with the preparation and negotiation of various agreements related to electronic financial services, including stored value card services agreements, reload agreements, payment processing agreements, co-branded credit card agreement, private label credit card agreements and corporate card agreements.
Regulatory Counseling for Companies Involved With Payments
Counseled various companies regarding laws related to payments, including state "money transmitter" laws, federal anti-money laundering and "money service business" laws, the Electronic Funds Transfer Act and Regulation E, payment association rules, consumer credit laws, state gift certificate laws, state unclaimed property and escheat laws, and federal and state privacy and security laws.