We have many years of experience serving as trusted advisors to technology-based businesses, representing them (a) in customer negotiations, (b) as negotiators of significant industry and finance transactions and (c) as outside general counsel.

As business strategists, we work with innovative businesses throughout their life cycles – formulating and refining business models, identifying and securing financing, and developing commercial relationships and acquiring customers. As finance professionals, we understand the perspectives of technology companies and their investors. We not only put together complex financings from concept to closing, we make introductions that result in successful ventures and alliances.

Customer Negotiations

We bring business savvy and negotiation skill to benefit our technology business 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.

The customer negotiations we handle on behalf of our vendor clients include:

• Information Technology Outsourcing (ITO)
• Business Process Outsourcing (BPO)
• Systems Integration Agreements
• Enterprise Resource Planning (ERP) Agreements
• Managed Services
• Software Licensing and Support/Maintenance Agreements
• Software Development Agreements
• Telecommunications Transactions
• Internet/E-Commerce Agreements

We also have extensive experience preparing standard customer agreements for vendors that are comprehensive without being an impediment to closing new customers.

Industry Transactions

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.

The industry transactions we handle on behalf of technology-based businesses include:

• Value-Added Reseller (VAR) Agreements
• Distribution and Manufacturing Relationships
• Strategic Alliances and Joint Ventures
• OEM Agreements
• Patent and Technology Licensing
• Technology Transfer
• Sponsored University Research
• Organization of Industry Consortia

Finance and Acquisition Transactions

The combination of our strong Corporate and Finance practice with our deep knowledge and experience in the technology industry creates a singular value for technology-based businesses when they are undertaking financing, acquisition or exit transactions

Dykema’s representation of venture capital firms and other private equity investors, commercial banks and other financial institutions provides us with experience and contacts that we use to benefit our emerging growth and technology business clients. In addition, our experience in public offerings and middle-market mergers and acquisitions adds significant value during capital raising and when evaluating and executing exit strategies.

Some of the finance and acquisition transactions we handle on behalf of our technology-based clients include:

• Venture capital and other debt and equity financings, including Rule 144A private placements
• Government-related funding, including SBIR (Small Business Innovation Research), SBTR (Small Business Technology Transfer) and DARPA (Defense Advanced Research Projects Agency) funding
• Mergers and acquisitions
• Initial public offerings and other financing events
• Antitrust counsel on mergers, consolidations and joint ventures

Emerging Businesses

To better serve our growth company clients, we have established an Emerging Business and Technology (EBT) Program, through which we provide high-potential emerging companies with a suite of legal services and consultation at a cost designed to match the resources of an emerging business. Details for the EBT Program are available here.

Related practice areas include Privacy, Data Security and E-Commerce, Biotechnology and Life Sciences Team and Energy, Telecommunications and Public Utilities.

For more information about our Technology & Sourcing Transactions Practice, please contact: Mark Malven, Leader, 248-203-0517