Technology Transactions & Privacy Law
Empowering Innovation: Legal Expertise for the Tech-Driven World
As new technologies are developed and enhanced, they generate new, and often complex, business and legal challenges.
Perkins Coie’s more than 125 Technology Transactions & Privacy lawyers help clients acquire, develop, protect, and distribute technologies, both domestically and internationally. We represent emerging and established businesses in virtually every segment of the technology industry. Our lawyers focus on the legal implications of technology-driven innovations, as well as advising clients as they develop products and services driven by the convergence of multiple technologies. We manage due diligence and post-closing implementation in connection with mergers, acquisitions, and other strategic corporate transactions where patents and other intellectual property assets are key value drivers.
Representing both buyers and providers of web and cloud computing services, our lawyers negotiate infrastructure outsourcing contracts that offer integrated service management solutions and meet robust compliance standards. We understand the various cloud computing service models and the different challenges each model poses to traditional concepts of data ownership and control, contractual rights, privacy and security, law enforcement, e-discovery, IP, and conflicts of law.
With varied backgrounds in mobile apps, cryptography, robotics, physics modeling, and quantum mechanics, we understand our clients’ businesses and business models. We help draft and recommend terms reflecting synergies between community-developed software and proprietary software and have experience balancing objectives like royalty maximization and community adoption. We also draft and customize open source and proprietary license terms, understanding that these can dramatically affect the adoption and market position of our client’s software.
Effective vendor due diligence allows us to understand data privacy and security risk exposure stemming from outsourcing arrangements. Adept at negotiating contractual provisions and protections in Service Organization Controls reports, our lawyers ensure that vendor collection and use of our client’s confidential data is consistent with regulatory and public disclosure requirements. We also draft and negotiate website hosting agreements with internet service providers on behalf of clients across industries.
As the hyperconverged infrastructure market continues to grow, we advise clients on implications related to algorithmic bias, algorithmic collusion, cyber security, Americans with Disability Acts accessibility, product liability, and law enforcement access. We have seen and worked under the hood of almost every emerging technology application in the marketplace, allowing us to offer an informed perspective on the intersection between game-changing tech, traditional laws, and evolving regulations.
Our understanding of business operations enables us to advise many of our clients on their internal business units, from engineering, product management, and client services to advertising, marketing, and communications.
How we help clients
- Technology acquisition and protection
- Compliance related to data ownership, privacy, and security
- Licensing and distribution
- Marketing, promotion and merchandising agreements
- IP auditing and counseling, copyright, trademark, trade secret and patent licenses
- Cloud computing and infrastructure outsourcing
- Product innovation
Product Innovation Counsel
Innovators bringing new products to market not only deal with development, production, and advertising and marketing issues, but also the many domestic and foreign laws and regulations regarding their manufacturing and sale.
Our Product Innovation Counsel lawyers have advised public, private, and startup company clients on hundreds of product launches. Clients trust us to work directly with their internal business units, from engineering, product management, and client services to advertising, marketing, and communications.
Whether working with clients that strictly operate in the digital space or those that blur the lines between e-commerce and traditional brick-and-mortar businesses, we provide experienced guidance on the legal issues that arise during the conception, development, and implementation of a new product or service.
Anticipating and guarding against legal risks is a key component of our work. We help in-house legal teams and their business units remain compliant with U.S. and international laws and regulations by helping them circumvent problems while ensuring they remain current on new regulations. Our clients look to us to analyze relevant issues and recommend policies and positions that serve their legal, technological, and business needs. We help ensure that their internal standard operating procedures and guidelines are current, accurate, complete, and regularly audited.
If the need arises, our product liability litigators defend clients, manufacturers, and vendors against liability claims in court.
奖项
- Named “Law Firm of the Year” in Technology Law by Best Lawyers, 2024
- Ranked Tier 1 nationally for both Information Technology Law and Technology Law by U.S. News—Best Lawyers® in 2012-2024
- Ranked nationally in Nationwide Technology by Chambers USA, 2003-2024
- Ranked globally for Fintech Legal: Blockchain and Cryptocurrencies by Chambers Global, 2022-2024
- Named one of the "30 Best Workplaces for Consulting & Professional Services" by Fortune, 2017-2023
公司发展
News
代理经验
Cloud Computing & Infrastructure Outsourcing
- Represented cloud computing provider in Federal Trade Commission investigation under Section 5 of the FTC Act regarding security practices for mobile access to cloud computing service. Investigation closed.
- Represented a Fortune 100 manufacturer with the legal requirements and documents for its RFP for cloud computing services and a major data center.
- Represented a Fortune 100 company with its forms for acquiring IaaS services and the forms for outsourcing its employee and benefits data.
- Represented an aerospace and manufacturing company in procuring IaaS services from International Business Machines (IBM).
- 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.
- Represented Georgeson Inc. in its strategic alliance agreement with TSX Inc. covering the development and operation of, and subscription sales to a SaaS company data delivery platform.
- 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.
- Advised cloud computing service providers on contract provisions relating to HIPAA privacy and security.
- Represented a national retailer in an infrastructure service arrangement with a nearshore IT provider.
- Representing airlines in connection with the renegotiation of global distribution agreements with major global distribution systems providers.
- 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 its operations in the United States, Mexico, and Canada with the option to expand the relationship for full global coverage.
- 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.
- Represented a leading patent search software company in SaaS deal with JPMorgan Chase.
- Represented a global music company in simultaneous transactions for its U.S. and European divisions with respect to the outsourcing of advanced financial and accounting functions including royalty processing and related functions.
- Represented large, public software, services, and devices company in preparation and negotiation of various vendor agreements in connection with the development of its infrastructure technology networks.
- 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.
Commercial Contracts
- Represented a developer of automation tools that support IT regulatory compliance efforts in commercial contract negotiations and product counsel matters.
- Represented internationally recognized iOS app developer in development, licensing, and content distribution negotiations with 6-time Grammy winner and Academy Award nominated musician.
- Represented Unified Compliance Framework / Network Frontiers, LLC in data structuring, product development, fair use, and trademark and IP protection issues.
- Represented large, public software, services, and devices company in preparation and negotiation of OEM and reseller agreements in connection with the launch of its retail operations.
- Represented a multinational technology company in its contract negotiation with a leading insurance provider to develop TensorFlow models that will enable the insurance provider to use the technology company’s neural net-based machine learning platform to review photos of damaged cars to calculate loss after an accident.
- Drafted and negotiated mobile banking agreements with two leading mobile banking software application developers and multiple financial institutions on behalf of national wireless carrier.
- Assist various software and content companies with the outbound licensing and distribution of software and digital content.
- Represented an augmented reality company in development, licensing, and content distribution negotiations with several major film studios.
- Represented a Latin American social media company in a strategic partnership arrangement with one of Latin America’s largest media content companies.
- Represented social entertainment services company in wireless content distribution agreement negotiations with Electronic Arts.
- Represented online residential real estate site in licensing and content distribution negotiations with various publishers.
- Represented e-book and digital content distribution company in distribution and agency agreement negotiations with HarperCollins.
- Represented Cargill in its renegotiation of SAP development, licensing, and implementation services transaction for a customized global ERP system.
- Represented a Fortune 100 company with its forms for acquiring IaaS services and the forms for outsourcing its employee and benefits data.
- Assisted large corporation in responding to software audit and negotiating favorable settlement.
- Drafted and negotiated software license and development agreements for a wireless telecommunications provider for the development of telecommunications systems applications.
- Represented Cargill in its renegotiation of SAP development, licensing, and implementation services transaction for a customized global ERP system.
- Represented an online entertainment news company in online content distribution and advertising negotiations with Hubert Burda Media (one of Europe's largest publishers).
- Represented large, public internet travel company in preparation of form online clickthrough agreement in connection with hotel management supply system, as well as supply agreements with strategic partners.
- Represented a software company in connection with agreements for co-development and marketing of new software products.
- Drafted HIPAA compliant authorizations to be electronically executed for patient advocates.
- Represented plan sponsors in negotiating HIPAA business associate agreements, including in response to the HITECH Act.
Mergers & Acquisitions
- Represented Wirecard AG, a global payment company, in its definitive agreement to acquire Citi Prepaid Card Services to extend Wirecard’s global presence into the North American market.
- Represented Simple, a bank services provider that combines innovative technology, user experience, and expertise in behavioral economics to help customers spend smarter and save more, in its acquisition by BBVA, a customer-centric global financial services group. Simple will continue to operate as an independent business in parallel with BBVA’s U.S. banking operations, BBVA Compass Bancshares, Inc.
- Represented Outerwall Inc. in its acquisition of Travelex Money Transfer Ltd.
- Represented Prime Focus Technologies, a leading provider of cloud platform technology to the media content production industry, in its $20 million acquisition of DAX Cloud, a leading provider of cloud services to the media content production industry.
- Represented Redbox in its joint venture with Verizon to form Verizon and Redbox Digital Entertainment Services
- Represented The Coffee Equipment Company in its sale to Starbucks Corporation.
- Represented Coinstar in its acquisition of Travelex Money Transfer, Ltd.
- Represented TreeHugger Inc. in its acquisition by Discovery Networks.
- Represented Captaris, Inc. in its $131 million sale to Open Text Inc.
- Represented Satori Software Inc. in the sale of its U.S. and U.K. assets.
- Represented Cranium, Inc. in its acquisition by Hasbro Inc.
- Represented Microsoft in its acquisitions of Mojang (Minecraft), Inmage Systems, Pando Networks Inc., StorSimple Inc., Perceptive Pixel, Twisted Pixel Games, and VideoSurf, among others.
- Represented Microsoft in its acquisition of the identity management assets of Bhold Company B.V.
- Represented Microsoft in its sales of its interest in the MSNBC website to Comcast Corporation.
- Represented Newsvine Inc. in its sale to MSNBC Interactive, LLC.
- Represented game company Pixelberry Studios in its sale to Nexon.
- Represented Medidata as special technology counsel in its acquisition of Intelemage.
- Represented M/A-COM Technology Solutions in its acquisition of Mindspeed.
- Represented Ericsson Inc. in its acquisitions of Fabrix Systems, Optimi Corporation, and InCode Telecom Group.
- Represented OmniVere in its acquisition of Kiersted Systems.
- Represented McAfee in its acquisition of Citadel Software.
- Represented Rubicon Technology Management, LLC in its acquisitions of Tell Solutions, Enersight, and Small World Labs.
- Represented Cloudant, Inc. in its acquisition by International Business Machines Corporation.
Open Source
- Advising cryptocurrency companies regarding how best to integrate their proprietary offerings within an open source framework.
- Advising clients on appropriate compliance measures and remediation for various copy left licenses.
- Represented Expedia in development and implementation of internal OSS use policy.
- Represented numerous software companies in preparation of open source policies, guidelines and best practices.
- Represent international defense contractor in bankruptcy case of sole source supplier of components for the contractor’s unmanned aerial vehicles, including protecting rights as licensee, obtaining return of property, impact of asset sale, and creditor issues.
- Advised FCC-licensed equipment manufacturers on Open Internet rules and related litigation.*
- Represented Box, Inc. in connection with open source contract matters in numerous acquisitions.
- Advised Craigslist on its use of open source software and participation in various open source projects; analyze and advise on open source licensing models for database licensing.
- Represented Afero in review of open source use and compliance with related terms.
- Represented StrongLoop, a provider of an open-source backend platform for mobile application that enables users to connect multiple data sources, in its acquisition by International Business Machines (IBM).
- Represented Glympse in the license of its real-time location-sharing technology to Garmin, to enable Garmin to implement one or more Glympse APIs within various Glympse applications.
- Represented Take 2 Interactive in development and implementation of internal OSS use policy.
- Represented Ritchie Brothers in connection with open source matters related to its acquisition of AssetNation.
Product Counsel
- Represented a global social media platform in its development and launch of a personal digital assistant messaging program.
- Represented a wearables company in connection with negotiation of supplier agreements related to hardware and software component integration within wearable products.
- Represented a multinational internet search company in technology transaction matters related to the development of its autonomous vehicle.
- Represented one of the leading home appliance companies in the world as product counsel in connection with IoT-related privacy and data security matters.
- Represented a global specialty retailer that provides women's apparel and beauty products in privacy and security matters related to analytics obtained through IoT devices.
- Represented a wearables company in the integration of its technology with the technology of an acquired entity.
- Advised 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.
- Assisted virtual property trading platform company with regulatory compliance related to electronic payment systems and real money transactions.
- 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. Also coordinated and assisted with launch of new product and user interface.
- Assisted various software and content companies with the outbound licensing and distribution of software and digital content.
- Provide assistance to online service providers regarding subscription services and online recurring payment authorizations and disclosures under state and federal continuous offer, auto renewal, and recurring payment laws and regulations and payment association rules.
- Represented a company the creates ways to share extreme sports experiences as product counsel in its research, development and launch of a camera that livestreams activities to the Internet.
- Represented a multinational internet-related products and services company as product counsel in connection with various eyewear and audio wearable devices.
- Advised a global social media platform on compliance with numerous regulations in connection with a personal digital assistant messaging program.
- Assisted Outdoor Voices in negotiating agreements to reconfigure its front-end e-commerce solution and back-end point-of-sale and inventory management systems.