Our technology sector advises businesses that lead the way in innovation. Our clients range from worldwide leaders in software, electronics and communications to emerging entrepreneurs. We understand both the legal and business issues unique to our technology clients and the rapidly evolving technologies that drive their success.
Innovation and change are constants for our technology clients. The same is true of the legal challenges they confront.
Our transatlantic team offers a comprehensive spectrum of legal services so that our clients can anticipate and solve these challenges – whether shifting into crisis mode to address a data breach, partnering with a client to make a strategic acquisition, addressing the ever-evolving compliance risks around the globe, or pursuing intellectual property thieves in the US courts and in multiple, diverse international forums.
Our technology clients range from Fortune 500 private and public companies - such as the world’s largest privately held software company, one of the world’s largest OEM computer manufacturers, and NCR - to emerging Fintech and technology start-ups.
Our talented technology sector team includes dozens of partners ranked by Chambers and Partners in multiple jurisdictions offering IP, transactional, compliance, and litigation experience to meet every facet of our clients’ needs. The protection and enhancement of our clients’ intellectual property – whether patents, trademarks, trade secrets or human capital – is at the core of what we do. Data management and protection is paramount. Daily we assist clients in safeguarding their own data and their consumer, financial, and healthcare information. Our communications and media lawyers have deep experience in telecom and broadband, cable, broadcast, spectrum, and program distribution matters. When disputes invariably arise, we prepare for trial, and we aim to win – without losing sight of our clients’ ultimate goals.
Above all, we partner with our technology clients to deliver superb experience, value and industry knowledge throughout the world.
What we do
- Technology acquisition and partnering, including M&A, joint venture, and licensing transactions
- Technology investing for start-ups, venture capital firms and our largest clients, including related securities, governance and employment issues
- Data protection, privacy and cyber security compliance and best practices
- Communications, Technology and Media, including telecommunications, broadband, cable, broadcast, spectrum matters, program distribution, tower and facilities deployment, and all facets of the Internet and broadband-enabled, Internet-of-things technologies
- IP and IT disputes including patent and copyright infringement, adversarial licensing, and trade secrets disputes
- Patent prosecution and strategic portfolio management
- Fintech regulation and compliance, strategic relationships, governance and financing
- Ecommerce solutions
- IT strategic sourcing
- Procurement and global supply channel regulatory and transactional advice.
Examples of work
Technology M&A, JV, and licensing
- Represented NCR Corporation, a global leader in consumer transaction technologies, in numerous acquisitions ranging in size from $20 million to over $1 billion, including the sale of its self-service entertainment business to Redbox, the acquisition of Radiant Systems, Inc. in a $1.2 billion all-cash public tender offer, and the acquisition of Digital Insight for approximately $1.65 billion
- Represented Dematic, a leading global supplier of integrated automated technology, software and services, in its acquisition of Reddwerks Corporation, a Texas-based warehouse execution software (WES) provider
- Represented Atom Bank Plc, a ground-breaking app-based challenger bank, on all legal aspects of its £205million equity fundraisings, including investments from Spanish bank BBVA, Woodford Investment Management and Toscafund. The fundraisings enabled Atom to be the first of the new-breed of challenger banks to launch in the UK and develop its retail and business-lending capability.
Data protection, privacy and cyber security
- Working with an international insurance company to ensure its European businesses are GDPR compliant by May 2018, Involves mapping the insurer's data sources and data flows, updating information policies and procedures, re-designing approach to fair processing notices and consent wording and remediating contracts with third party suppliers
- Coordinated client responses to dozens of data breaches, including liaisons with the FBI, SEC, and other federal and state government agencies
- Represented one of the world’s largest cyber security companies on multiple occasions in connection with data theft/breach investigations. Representations involved establishing proper protocols and remedial measures undertaken by client to identify, evaluate and rectify data breaches
Communications, technology & media
- Provided strategic counsel to new market entrant in the broadband and telecommunications space on regulatory requirements for communications providers and through contract negotiations for establishment of reseller account for the provision of VoIP service
- Successfully represented broadcasters on political advertising matters, including a matter before the Federal Election Commission barring the qualification of an individual running for federal office as a “qualified candidate” in connection with mandatory access to a broadcast station for “hate speech” messages
- Served as transactional and regulatory counsel in numerous complex financing and sale transactions across the communications and media sectors, including the unique issues surrounding diligence activities and closing/regulatory approvals involving communications and media companies
- Architected security protection for a national bank client’s digital wallet product
- Assisted Fintech company in negotiating its foundational agreements with transaction processor, payments networks, customer service providers and other key vendors.
- Counsel technology vendors on pricing claims, comparative advertising and compliance with consumer protection laws
- Evaluated a data analytics provider’s website for compliance with marketing and privacy laws.
IP and IT disputes
- Represented multinational technology company in multiple disputes with competitors arising from the hiring or departure of senior executives, addressing issues such as potential disclosures of trade secrets, non-compete and non-solicitation clauses, and clawback compensation disputes
- Represented Fortune 100 semi-conductor company in trade secret litigation against Chinese national former employees, including coordination of related criminal proceedings in the US and civil cases in China
- Led international fraud investigation involving multiple countries in Europe and Asia for worldwide technology manufacturer
- Represented large video gaming client in copyright and trademark infringement action pertaining to gaming code, architecture and names. Obtained ex parte search and seizure order, executed with the assistance of the DOJ, resulting in seizure of reams of evidence of infringement.
- Advise diverse advertisers and marketing agencies on compliance with online advertising laws and other new media compliance issues, including social media, email and SMS marketing campaigns.
Patent prosecution and strategic portfolio management
- Established a patent portfolio for a pre-IPO client in the enterprise storage industry and strategically grew the portfolio post-IPO to generate critical licensing revenues
- Reviewed the patent landscape for video streaming to identify for a client the areas of opportunity not covered within the landscape so that the client could prioritize and target its patent filings to capture maximum value and strategic positions
- Managed a patent filing strategy outside the US for a bioinformatics technology company, resulting in numerous patents being issued throughout the world, thereby allowing the client the ability to license the technology worldwide
- Represented numerous technology-based and technology-dependent companies in enterprise-wide intellectual property audits, to identify and assess each company’s intellectual property assets, and to assist in implementing recommended best practices for maximizing the value of their innovation process.
"Womble Bond Dickinson is one of the best. I like WBD’s professionalism, approach, and responsiveness. "
"They are dependable, thorough, meticulous and aware of our commercial challenges."
"I like Womble Bond Dickinson’s responsiveness and clear commitment to client needs. They are always thinking about ways to help us as a business, and it doesn’t come across as ‘help us sell you more of our services.’"