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Marcelo Halpern
- Member, Firmwide Executive Committee
- Chicago
- New York
Marcelo approaches client engagements using a multifaceted “systems thinker” methodology that situates legal issues within the context of a client’s broader business strategies.
Marcelo Halpern focuses on sophisticated commercial transactions at the nexus of law and technology. He represents a range of entities from multinational Fortune 100 companies to startups, governments, and nonprofits. Emphasizing collaboration and client service, he guides clients through collaboration, development, distribution, licensing, manufacturing, and service relationships in an array of industries.
Marcelo crafts holistic, adaptable strategies to address complex business challenges by leveraging his exceptional interdisciplinary knowledge of law, business, and technology. This client-centered, rigorous, and pragmatic approach delivers highly tailored, robust, long-term business solutions.
Marcelo actively partners with colleagues and clients, building teams to address the spectrum of business and legal risks—including intellectual property (IP), tax, antitrust, bankruptcy, accounting, and regulatory matters—that arise during transactions. That collaboration extends to opposing parties, helping clients to create effective solutions and build long-term relationships across the negotiating table.
Clients rely on Marcelo’s knowledge to guide them in their use of cutting-edge technologies, such as data analytics, artificial intelligence, fintech, blockchain, Internet of Things, smart cities, mobile and cloud computing, and industrial processes. Marcelo applies his systems-thinker approach to help clients understand and effectively manage emerging and future technologies in mission-critical transactions.
Marcelo advises clients on strategies and transactions, including strategic alliances and joint ventures, industry alliances, outsourcing and enterprise resource planning implementations, and complex licensing transactions. He also handles open-source licensing, data use and privacy issues, marketing and distribution strategies, hardware design and development, and manufacturing agreements.
In tandem with his comprehensive approach, Marcelo counsels clients on IP and technology issues in mergers and acquisitions, financings, data management, and technology transfer transactions.
Areas of focus
Education & Credentials
Education
- Columbia Law School, J.D., 1992
- Columbia University, M.B.A., Graduate School of Business, 1992
- Wesleyan University, B.A., 1985
Bar and Court Admissions
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Illinois
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New York
Related Employment
- Latham & Watkins LLP, Chicago, IL, Partner
- Gordon & Glickson LLC, Chicago, IL, Partner
Professional Recognition
Ranked by Chambers USA as “America’s Leading Lawyer" for Technology & Outsourcing, 2004-2024; (Nationwide) Technology, 2021-2024
Listed as a "Super Lawyer" by Super Lawyers Magazine, 2009-2011, 2013-2024
Listed in The Best Lawyers in America: Technology Law, 2006-2024
Listed in Intellectual Asset Management Patent 1000, 2018-2024
Named the Best Lawyers "Lawyer of the Year" for Technology Law, 2016, 2022
Listed in Who’s Who Legal: Fintech & Blockchain, 2021
American Bar Foundation Fellow, 2017-present
Illinois Leading Lawyers Network, 2004-present
Legal 500, Leading Lawyer, 2005-present
*The Supreme Court of Illinois does not recognize certifications of specialties in the practice of law and no certificate, award or recognition is a requirement to practice law in Illinois.
Impact
Professional Leadership
- Lawyers Trust Fund of Illinois, Board of Directors, 2018-2024; Board Chair, 2023-2024
- Practising Law Institute, Advanced Licensing Agreements program, Chair
- Practising Law Institute, Understanding the Intellectual Property License program, Chair
- International Technology Law Association (ITechLaw), Membership Committee, Local Representative
- American Bar Association, Science and Technology Section, Member
- Illinois State Bar Association, Member
- Chicago Bar Association, Financial and Emerging Technologies Committee, Member
Community Involvement
- Youth Guidance, Board of Directors, 2015-present
- Lawyers Trust Fund of Illinois, Board of Directors, 2018-2024; Board Chair, 2023-2024
- Illinois Legal Aid Online, Board of Directors, 2006-2015, President, 2011-2013
Insights
News
Professional Experience
Business
Heavy Equipment and Trucks Manufacturer*
Represented a heavy equipment and trucks manufacturer in structuring and negotiating the outsourcing of its application maintenance and support operations for legacy IT systems together with application development and integration of new applications. The 5 year agreement leverages off-shore and on-shore resources to address cost and efficiency requirements while managing security and regulatory requirements with respect to United States government and military applications.
Heavy Equipment and Trucks Manufacturer*
Represented a heavy equipment and trucks manufacturer in the structuring and negotiation of a seven-year information technology infrastructure outsourcing agreement including help desk support, data center relocation, server and storage management, physical database support and the utilization of the vendor’s server and storage technology for the manufacturer's operations in the United States, Mexico and Canada with the option to expand the relationship for full global coverage.
Airline
Representing airline in connection with the renegotiation of global distribution agreements with major Global Distribution Systems providers. These transactions have already resulted in savings in distribution costs while simultaneously providing the airline with increased flexibility in developing and distributing new products at low cost.
Provider of Technology and Services for the Global Financial Industry*
Represented a leading provider of technology and services for the global financial industry in a variety of transactions including the acquisition of a new software platform for high frequency trading, acting as U.S. Counsel for their merger (via a public tender offer) with another publicly traded international software firm, and contracting to provide software licensing and support services to customers in the United States and throughout the world.
Purchaser in $5 Billion Spin-Out Acquisition*
Represented the purchaser in the $5 billion spin-out acquisition of the global textiles and interiors business of a science-based products and services company. Structured and negotiated complex technology and patent sharing agreements, materials supply agreements, and non-compete structures that permitted the client to develop and grow its global fibers, nylon and related chemicals business while maintaining and protecting market share. Also developed, structured and documented a new IP holding company structure that facilitated funds transfers across the organization and enhanced tax efficiency.
Group of Major Hotel Companies*
Represented a group of major hotel companies in structuring and developing a joint venture for Internet distribution of hotel reservations to compete with other Internet travel retailers. The representation included all aspects of structuring the joint venture, creating and negotiating governance structures among the participants, addressing antitrust concerns, contracting for technology acquisition and development, and developing marketing and distribution agreements with each of the venture partners as well as third-party hotel chains. The venture provided participating hotel chains with lower cost distribution alternatives to other online travel retailers and increased the industry’s control over the online distribution model.
Global Music Company*
Represented a global music company in simultaneous transactions for its United States and European divisions with respect the outsourcing of advanced financial and accounting functions including royalty processing and related functions. The transaction allowed the company to begin integrating these functions on a global basis to leverage processes and knowledge and to realize increased efficiencies at substantial cost savings.
Publicly Traded Clothing, Footwear, Sportswear and Equipment Supplier*
Represented a publicly traded clothing, footwear, sportswear and equipment supplier in two simultaneous and interconnected outsourcing transactions with two separate vendors – one for global information technology infrastructure and data center operations and the other for global help desk and desktop support. The transactions included an innovative, first of its kind fixed price structure that provided the client substantial cost savings as well as predictability of expenses over time.
Developer and Manufacturer of Aerospace and Defense Industry Communications, Electronics and Navigation Technologies*
Represented a developer and manufacturer of aerospace and defense industry communications, electronics and navigation technologies, in a seven-year outsourcing of its global information technology infrastructure and data center operations, help desk and desktop support.
* Prior Experience