Business success increasingly depends on new technologies and intellectual property. Dykema’s up-to-date understanding of technology transactions and the technology marketplace leads us to creative, market-driven solutions that meet individual client needs. Our core areas of specialization include:
Representing Customers in Technology Acquisition and Outsourced Services Transactions
We represent a broad range of clients—including middle-market and larger manufacturers, financial institutions and other multinational companies; nonprofit health providers and universities; and government entities—in structuring and negotiating transactions involving the acquisition of technology-based products and outsourced services. Our team provides exceptional leadership and guidance in transactions that include everything from information technology outsourcing (ITO) and business process outsourcing (BPO), to software licensing and development agreements, to cloud computing services agreements.
Since large technology and outsourcing transactions can be a relatively rare event for the customer, our industry knowledge and transaction experience provide significant value and can "level the playing field" with experienced vendor business negotiators and legal counsel. Our capabilities are particularly valuable because many large technology and outsourcing transactions are mission critical and highly visible. We also provide leadership and guidance in dealing with the sometimes conflicting needs and wants of the customer’s internal and external stakeholders.
For outsourcing transactions, we assist with strategy and preparation, the RFQ/RFP process, vendor evaluation and selection, contract negotiations, and management and dispute resolution after execution. Our attorneys have experience with some of the largest “bet-the-company” transactions, as well as more tactical BPO transactions, in a variety of industries including automotive, health care and financial institutions.
Negotiating Technology Licenses and IP-Oriented Joint Ventures
Often, technologies and intellectual property rights are developed or exploited in collaborative relationships, and having agreements clearly stating each party’s rights is absolutely critical. Our attorneys have handled thousands of IP-oriented agreements and transactions, and our knowledge of the marketplace is extremely valuable to our clients. We assist with patent and technology licensing, joint ventures, telecommunications transactions and the full-range of Internet/e-commerce agreements, such as cloud computing, ASP, EDI and network agreements. We also provide in-depth guidance on privacy, data security and related compliance issues through our Privacy, Data Security and E-Commerce practice area.
Representing Technology-Based Businesses
We have many years of experience serving as trusted advisors to technology-based businesses, representing them in customer negotiations, as negotiators of significant industry transactions, in financing/acquisition transactions and as outside general counsel.
We bring business savvy and negotiation skill to benefit our technology clients when negotiating (or renegotiating) customer engagements. It is our experience that rigorous and comprehensive negotiation of customer transaction agreements is a significant value for our technology provider clients. Furthermore, our efforts increase (rather than diminish) the goodwill necessary for a successful long-term relationship.
We also have extensive experience preparing standard customer agreements for technology vendors that are comprehensive without being an impediment to closing new customers.
Technology industries are highly collaborative, and most technology-based businesses have many key partners and relationships. The success of these relationships depends on the identification and documentation of critical business and legal requirements—and experienced counsel is essential to this process. Our industry experience and knowledge enable us to negotiate and efficiently document well-structured contracts that establish clear and precise guidelines for performance and responsibility, that protect and properly allocate intellectual property rights, and that ensure compliance with legislative and administrative requirements. Specific examples include structuring distributor relationships, value-added reseller agreements, OEM agreements, strategic alliances and joint ventures, patent and technology licensing, Internet and e-commerce agreements, and university technology transfer.
Finance and Acquisition Transactions
Corporate and finance attorneys join our team to deliver effective solutions to technology clients undertaking financing, acquisition or exit transactions. For technology business and emerging growth clients we offer a portfolio of transactional services that range from debt and equity financings to mergers and acquisitions, from joint ventures to initial public offerings.
Outside General Counsel Services
We provide comprehensive general counsel services to many of our technology provider clients by leveraging the experience of colleagues from across the firm in such practice areas as intellectual property, health care, tax, estate planning, government policy, compliance and governance, international law, trade regulation, employment, real estate, litigation, privacy, data security and e-commerce.
- Mark Malven and Katherine Noll Speak at the State Bar of Michigan IT Law Section’s Annual Meeting and IT SeminarSeptember 19, 2016
- March 17, 2016
- August 26, 2015
- Mark Malven Interviewed by Metropolitan Corporate Counsel Regarding His Treatise on Technology TransactionsMarch 6, 2015
- April 21, 2014
- March 7, 2014
- S. Christopher (Kit) Winter Authors Series of Inside Counsel Articles on Information Privacy, Data SecurityFebruary 24, 2014
- December 27, 2013
- December 3, 2013
- Janet Stiven Authors Inside Counsel Article on Confidentiality and Competence When Using Cloud ServicesNovember 25, 2013
- November 22, 2013
- November 20, 2013
- November 15, 2013
- October 28, 2013
- August 2, 2013
- September 1, 2016
- August 15, 2016
- September 8, 2015
- August 18, 2015
- March 24, 2015
- October 30, 2014
- January 8, 2014
- October 30, 2013
- May 23, 2012
- Dykema's Mark G. Malven and Ann Arbor SPARK Present Business Law & Order: Intellectual Property (Part II): The Keys to Technology LicensingJanuary 12, 2012
- "Accepting Credit Card Payments," Co-AuthorState Bar of Texas Circuits Newsletter, Computer and Technology SectionJune 2015
- Technology Transactions: A Practical Guide to Drafting and Negotiating Commercial AgreementsPractising Law Institute2015
- "Technology Licensing: Licensee Transferability Rights Are Unique Under the Law—Avoiding M & A Surprises"InsideCounsel.comMarch 2, 2012
- InsideCounsel.comFebruary 17, 2012
- "Technology Licensing: Defining Licensor and Licensee Rights to Pursue Infringers"InsideCounsel.comFebruary 17, 2012
- "Technology Licensing: Understanding the Intersection of Bankruptcy Law and Technology Licensing"InsideCounsel.comFebruary 3, 2012
- Technology Licensing: Six Keys to Drafting the Royalty and Financial Terms"InsideCounsel.comJanuary 20, 2012
- "Technology Licensing: Five Keys to Drafting Technology Licenses"InsideCounsel.comJanuary 6, 2012
- "Technology Licensing: Understanding the Basics"InsideCounsel.comDecember 23, 2011
- InsideCounsel.comJanuary 28, 2011
- InsideCounsel.comJanuary 14, 2011
- InsideCounsel.comDecember 31, 2010
- InsideCounsel.comDecember 17, 2010
- InsideCounsel.comDecember 3, 2010
- State Bar of Michigan IT Law Section Annual Meeting & IT Seminar, Moderator, Plymouth, MichiganSeptember 8, 2016
- State Bar of Michigan IT Law Section Annual Meeting & IT Seminar, Moderator, Plymouth, MichiganSeptember 10, 2015
- Keys to Technology Licensing, Moderator, Ann Arbor Spark, Business Law & Order SeriesJanuary 2013
Articles & Alerts
- December 19, 2013
- August 14, 2013