Technology Transactions

KMK’s Technology Transactions Group is comprised of lawyers experienced in the acquisition, protection, and commercialization of intellectual property and technology assets. In particular, we often act as "outsourced general counsel" for technology companies. In this capacity, our lawyers frequently assist clients in the development, acquisition, licensing and commercialization of technology, data, and intellectual property, and advise our clients regarding the protection of their technology, data, and intellectual property and associated IP-related issues relating to ownership and use of intellectual property that arise in connection with the operation of their businesses. Our areas of focus include:

• Software Licensing and Development:  We represent clients (both customers and vendors) in connection with software licenses, software development agreements, software distribution arrangements, and end-user license agreements.
• Cloud-Based Services:  We advise both providers and customers of cloud-based services in negotiating and structuring subscription agreements, terms of service and service level agreements, software-as-a-service (SaaS) arrangements and other cloud-based services.
• Data Acquisition and Transfer:  Working closely with our Data Privacy & Security Group, we regularly advise clients on the transfer, sharing, licensing, mining, scraping, and analysis of a wide variety of data and information across platforms and devices and the related legal and regulatory landscape that governs the processing of such information.
• Joint Venture, Strategic Alliance, and Collaboration Agreements:  Given the collaborative environment of the technology space, we frequently counsel our clients on drafting and negotiating commercial documentation relating to strategic relationship, including joint development agreements and collaborations agreements.
• E-Commerce/Online Businesses:  We frequently advise our clients in structuring and negotiating agreements relating to e-commerce, website development, hosting and platforms, content licenses and website co-branding, as well as in addressing the range of legal issues faced by online businesses, including compliance issues related to advertising and consumer protection laws.
• Commercial Transactions Involving Technology/Services Procurement:  Our attorneys frequently assist our clients in the procurement of technology infrastructure and services, including contract manufacturing agreements, services, supply and distribution arrangements, and VAR and OEM arrangements.
• Manufacture, Supply, and Distribution:  We assist our clients in strategic transactions relating to the manufacture, supply, and distribution of goods and services.
• Digital Media and Content:  We represent creators, advertisers, and the companies that engage them in the complex legal and commercial issues relating to digital media and content creation, monetization, and licensing.
• Trademark Acquisition, Licensing, and Prosecution:  As intellectual property attorneys, we frequently assists some of the owners of the world’s most recognizable brands in licensing agreements and agreements involving the acquisition and monetization of the foregoing.  We also routinely advise on the trademark selection and clearance process, and the prosecution of trademarks with both domestically and abroad.

Given the nature of our Technology Transactions practice, we frequently collaborate with other members of the Business Representation & Transactions Group to provide additional expertise. In particular, most members of the Technology Transactions Group are also members of the Data Privacy & Cybersecurity Group and frequently advise on data privacy issues arising in connection with the transactions on which we work.