Industries:

• Aerospace and Defense
• Chemicals
• Climate, Clean Energy and Sustainability
• Construction and Engineering
• Distressed Transactions, Workouts and Bankruptcy
• Energy
• Financial Services
• Health Care
• Life Sciences and Public Health Preparedness
• Nanotechnology
• Payments
• Real Estate
• Tax-Exempt Organizations
• Technology
• Transportation

Technology

The McKenna Long & Aldridge (MLA) Technology practice group serves a wide-range of clients in various industries, including: high technology (software, hardware, transaction processing, new and mobile media and internet-based businesses); telecommunications; health care; RFID and supply chain management, financial services; transportation and travel; clean technology; nanotechnology; and biotechnology.

The team helps technology developers commercialize intellectual property by negotiating technology business venture contracts and supply schedule contracts; monitoring regulations affecting the technology industry, advising on regulatory compliance; and closing technology transactions involving licensing, development, distribution, purchases, and sales. The practice group provides an integrated and practical approach of offering legal solutions for a wide spectrum of technology transaction-related issues.

The team works with MLA’s patent, trademark, government contracts, public affairs and corporate professionals to ensure that they are able to meet clients needs in a dynamic and comprehensive manner, ensuring a collaborative effort that provides the client with a broader spectrum of industry experience, technology comprehension, creativity, and business acumen.

Technology Commercial Transactions

Technology Commercialization/Licensing

The team represents technology-based businesses in every aspect of their revenue-generating activities including:

• Content and data;
• Negotiation of commercial arrangements for the domestic and international commercialization and exploitation of IP-based assets, technology, and services;
• Technology transfers and acquisitions;
• Development and services arrangements;
• Marketing and distribution arrangements;
• Joint ventures and strategic alliances;
• Patent, trademark, copyright licenses; and
• Other commercial transactions.

E-Commerce/Internet

Internet-based businesses, or businesses with a strong internet presence, benefit from MLA attorneys’ experience in branding, advertising and promotions, website terms of use and privacy policies, and the full range of intellectual property issues encountered running a business over the internet including issues surrounding software-as-a-service, user-generated content, social networking, blogs, and Web 2.0.

Sourcing

We assist clients in procuring goods, technologies, and services from third-party providers, including the sourcing of services for IT and other key business, inside and outside the U.S.

Technology Business Transactions

Fund and Business Formations

The team facilitates the formation of private equity, venture capital, and hedge funds that invest in the technology sector. We help to form new technology businesses by providing corporate and tax advice for founders and management, that provides resolution on favorable terms for issues that typically arise with a new venture.

MLA attorneys have experience with the unique issues associated with mergers and acquisitions for technology businesses, and routinely handle venture capital financing, strategic alliances, and divestitures.

Mergers and Acquisitions

MLA attorneys structure, negotiate, and document the purchase or sale of assets and businesses in which IP-based assets, divisions, products, or product lines play a significant role. These transactions take different forms, including stock and asset purchases, mergers, spin-offs, roll-ups, and “going-private” transactions.

Angels and Venture Capital

MLA represents technology companies and technology investors in financing transactions, and assist clients in finding financing at all stages, from seed and angel capital, to later stage funding.

Joint Ventures and Strategic Alliances

MLA attorneys structure joint ventures and strategic alliances between the providers of technology, and their customers, for financial advantage.

Technology Counseling

Strategic Advice as to IP Assets

The team has represented acquirers of IP portfolios, and in conjunction with the MLA Intellectual Property practice, has developed and implemented strategies to protect and exploit key IP assets, and maximize clients’ return on investment.

Technology Disputes and Litigation

The team works frequently on commercial and complex commercial matters, including technology and intellectual property disputes. MLA’s Litigation practice includes attorneys with experience representing companies in disputes related to computer theft and trespass, and hacking; improper interception of electronic mail; domain name disputes; information and data privacy; software licensing; trade secret; trademark infringement; copyright infringement; as well as counseling clients regarding risk assessment and litigation avoidance.

Intellectual property litigation has increased as companies have become attuned to the value of technology and intellectual property rights. MLA’s Technology and Intellectual Property Litigation team includes attorneys well-versed in the technical aspects of such disputes, as well as attorneys with extensive experience in litigating and trying intellectual property cases.

Regulatory

Privacy

MLA attorneys work on privacy-related matters, whether a matter of developing sophisticated privacy policies for web-based businesses; handling data breach issues; developing security and data breach response plans; developing privacy-related policies for a client’s workforce; or understanding compliance obligations domestically and abroad (including: EU, Canada, Asia Pacific and Australia). The team’s experience is cross-industry and includes compliance matters under Gramm Leach Bliley, HIPAA, Fair Credit Reporting Act, and state-based privacy regulations.

Export Compliance

MLA attorneys have an understanding in regulatory matters, such as encryption technology licensing and classification, and have industry contacts in the Departments of Commerce, Treasury, and Defense; which facilitates our clients’ ability to export their products efficiently.

Government Contracts

As one of the oldest and largest Government Contracts practice, our team regularly provides counseling on technical data rights when technology companies contract, or subcontract, with the federal government. MLA professionals assist technology companies with all aspects of government contracting, including responding to solicitations, negotiating government contracts and sub-contracts, and complying with special government pricing and disclosure obligations.

General Commercial Transactions and Other Matters

MLA’s attorneys thoroughly understand the UCC, and how commercial transactions work; and provide counsel to clients in complex business transactions, including the sale or procurement of “low tech” business critical goods and services, and the purchase and sale of telecommunications systems. Our commercial transactions clients include buyers and sellers across many industries, including the processors of transactions and payments, RFID and supply chain management technologies, wireline and wireless telecommunications service providers, financial services institutions, media and cable companies, healthcare institutions, and consumer products companies.

Attorneys also assist in brand enhancement and marketing efforts, and counsel regarding state laws relevant to both online and offline games and contests. In this regard, MLA represents regional energy companies, software companies, internet information companies, and consumer products manufacturers.