Background - Practices (Details)

Technology Transactions


Critical Experience for the Data Economy

Today’s technology transactions are more complex than ever before. Whether companies are selling new services to the government, developing new tech-enabled products, or pushing into new markets, options abound for obtaining and sharing tech and know-how, making companies answer challenging questions: To license or not to license? What data rights should be granted or obtained? To outsource or jointly collaborate? How can my company best manage and allocate cybersecurity risk?

Trends to Watch

The top five ranked themes for acquisition activity in the coming year are AI/machine learning, cloud computing, Internet of Things, converged IT infrastructure, and big data.

451 Research Tech Banking Outlook Survey

New use cases present new risks that must be mitigated in commercial transactions. Once-simple, straightforward deals have transformed into deep, lingering contests where rights regarding technology and data are vigorously negotiated, and inefficiencies prevail under short turnaround times and tight resource constraints.

On any side of the negotiation table, global organizations and emerging growth companies alike need agile, cross-disciplinary counsel who understand the technology, the issues, and the data economy.

Capturing Technology Value and Protecting Commercial Interests

Protect technology value and steward your commercial interests in the data economy. Crowell & Moring’s Tech Transaction Team plugs seamlessly into in-house client teams to structure, negotiate, and implement transactions that safeguard client interests. Our corporate, privacy and cybersecurity, intellectual property, and regulatory lawyers and professionals collaborate to provide legal experience, technical knowledge, and business acumen across a wide variety of tech transactions and data categories:

  • Ad-tech and mar-tech transactions
  • Assignments of tech, know-how, and related IP
  • DLT networks
  • Cloud computing, including SaaS, PaaS, and IaaS
  • Software development and IP licensing arrangements
  • Consent management platforms
  • Data processing agreements
  • Data rights and transfer
  • Manufacturing agreements
  • Marketing, reseller, and distribution agreements
  • Mergers and acquisitions
  • Privacy and data security covenants, warranties, and representations in investment transactions
  • Professional services and outsourcing
  • Research and development and collaborative research agreements
  • Strategic alliances and joint development
  • Web and mobile terms of service and privacy policies

Proven Experience at the Forefront of the Digital Economy

With our guidance, clients can navigate complex transactions while better protecting their interests. Recent engagements include:

  • Led an enterprise multinational IT company through development of 100+ outsourced services for their customers and provided rapid transformation strategy risk assessment and solutions. Outsourced services included workplace management, data analytics implementation, managed business intelligence, application development, cloud jump start, and numerous cloud and software services from providers such as Microsoft and SAP.
  • Negotiated a three-party strategic alliance on a social networking initiative, including software development, support, maintenance, innovation, and hosting services. Our guidance included license agreements, governing documents, Master Service Agreement, and Statement of Work to develop the underlying technology platform that served as the initiative’s backbone.
  • Negotiated and prepared a complex services outsourcing and data licensing agreement related to the provision of data collection of consumer web, mobile, radio, and TV consumer behavior.
  • Negotiated and prepared complex software development and SaaS agreements for a telematics sensors solution that enables automobile owners to connect to vehicle data and to auto parts providers.
  • Created global sales and service data right and license terms for a marine and energy industry multinational.
  • Created global sales and service data right and license terms for a sensor manufacturer multinational.
  • Steered a telecommunications conglomerate’s negotiation of a complex SaaS-based hardware, services, and license agreement.
  • Provided key strategic corporate and regulatory advice on major healthcare and artificial intelligence transactions to one of the world’s leading technology companies.
  • Advised numerous confidential global companies on international transfers of personal data, data rights, and data licensing agreements.

Our experience also encompasses deals governing digital infrastructure, productivity tools, content-related technology, hosting, domains, enterprise software, and similar infrastructure utilized by our clients.

Experienced in Today's Top Technology Areas

  • Artificial Intelligence and Machine Learning
  • Autonomous Vehicles and Emerging Auto Tech
  • Blockchain and Digital Assets
  • Data Analytics and Cloud Computing
  • Digital Advertising
  • Digital Health
  • Drones
  • Internet of Things
  • Virtual and Augmented Reality