Polsinelli’s Technology Transactions team is comprised of a cross-functional group of over 30 lawyers with significant experience in the technology industry, including prior in-house experience and professional backgrounds in engineering and technical consulting. We work with companies of all sizes and at all stages of development to provide strategic guidance as they create, acquire, use and commercialize technology. Our clients include businesses with domestic and international operations as well as governments, universities, hospitals, financial services institutions and nonprofit organizations.

The lawyers on our team invest time to understand our clients’ business models, practices and objectives in a range of relevant industries and partner with them to protect their assets and help them profit from their investments. With respect to technology transactions, we assist in developing intellectual property monetization strategies, acquiring and selling technologies, evaluating and forming strategic research and development relationships, and procuring information technology related services. We have advised on sponsored research agreements with leading universities globally and we have helped our clients enter joint development agreements on technologies ranging from polymers and resins used in semiconductors, to robotics used in apparel manufacturing.

By understanding our clients’ business strategies, we add value to technology deals by identifying negotiation leverage, structuring term sheets to facilitate key stakeholder buy-in, anticipating potential closing hurdles, and recommending solutions to overcome objections. In addition, we assist buyers and sellers in mergers and acquisitions related to information technology and intellectual property due diligence, helping to ensure that contractual rights to use, transfer or retain critical information technology and intellectual property assets align with deal structure and post-closing integration objectives.

We also collaborate with our colleagues in Polsinelli’s Privacy and Data Security, Health Care, Financial Services and other practices to bring in relevant subject matter expertise as appropriate to more effectively help our clients achieve their business goals. Whether we are advising on a licensing, collaboration, research and development or distribution agreement, our firm is focused on placing its clients in optimal position to thrive in today’s complex global marketplace.

Representative Types of Transactions

The team assists clients with a variety of technology transactions, including:

  • Research and development agreements
  • Strategic outsourcing and managed services agreements
  • Software and SaaS license and/or subscription agreements
  • End user licenses and terms of use
  • Technology platform subscription agreements
  • OEM and value-added reseller arrangements
  • In-bound and out-bound content and/or data licenses
  • Public key encryption services agreements
  • Data exchanges
  • Consortium-based offerings
  • Consulting and professional services agreements
  • Digital marketing and promotion
  • Joint venture and strategic partner arrangements
  • Patent, trademark, copyright and trade secret licenses
  • Non-disclosure and confidentiality agreements
  • Material transfer and material evaluation agreements
  • Joint development and collaboration agreements
  • Testing services agreements
  • Intellectual property and technology purchase agreements
  • Transition service agreements ancillary to M&A matters
  • Sponsorship, product placement, co-branding, and branded entertainment agreements
  • Media production agreements, and appearance and location releases
  • Technology distribution agreements
  • Manufacturing services agreements
  •  Source code and intellectual property escrow agreements

Representative Industries

  • Biotech
  • Health care
  • Medical device
  • Pharmaceutical markets
  • Alternative energy
  • Automotive 
  • Financial Services/Fintech
  • Higher Education/Edtech
  • Digital media
  • E-commerce
  • Electronics
  • Gaming and development
  • Adtech
  • Social media
  • Media and Telecommunications
  • Software
  • Consumer products
  • Apparel and textiles
  • Footwear and sporting equipment
  • Affiliate marketing
  • Materials science
  • Chemicals, polymers and industrial solvents
  • Autonomous vehicles and robotics 
  • Additive manufacturing
  • Industrial sewing, knitting, and laser cutting
  • Shipping logistics and product tracking
  • Aerospace
  • Patent aggregation and patent pooling
  • Biometric security and identity verification
  • Digital image enhancement
  • Food science
  • Semiconductors
  • Regularly advise multi-national consumer products manufacturer on IP development agreements to innovate manufacturing technologies.
  • Negotiate key in-licensing of technology from universities for start-up companies.
  • Negotiate syndicated patent acquisition and licensing deals, in one instance, that resolved ongoing patent litigation with nine defendants and resulted in acquisition of more than 180 patents pertaining to display technology used in smartphones and other personal digital devices.
  • Structure evaluation agreements and vertical out-licensing for platform technologies.
  • Advise software developers in licensing deals to integrate digital imaging technology into smartphone operating systems.
  • Advise and negotiate collaboration agreements for oncology therapies.
  • Collaborate with telecommunication client's legal and supply chain management organizations to negotiate and implement complex outsourcing, managed services and ERP vendor agreements and follow on statements of work.
  • Negotiate complex OEM, reseller and referral agreements with major industry players for health care technology start up.
  • Work with major media company to negotiate digital advertising technology agreements with a variety of participants in the ad technology ecosystem and to assure strategic alignment across vendors.
  • Serve as outside general counsel to vehicle subscription platform start up backed by major automotive industry players and provide ongoing counseling on mobility-issues, state regulatory requirements as well as support in the drafting and negotiation of key customer and joint venture agreements.
  • Frequently assist a large multi-national consumer products company entering into research and development agreements for 3D printing and additive manufacturing technologies, dyestuffs and chemical textile treatments, alternative bio-based materials, adhesives and bonding technologies, robotics and material handling systems, and other technologies used in product development and in initiatives to modernize its manufacturing supply chain.
  • Regularly advise a patent aggregator on its strategic patent acquisition and licensing deals involving patents covering semiconductors, software, networking, mobile communications, consumer electronics and e-commerce technologies.
  • Represent a global leader of optical films in licensing and technology co-development deals.
  • Routinely represent early-stage companies negotiating inbound technology licenses from universities.
  • Advised US toymaker in global licensing and distribution deal with Hong Kong distributor.
  • Advised European Software as a Service platform provider in connection with its commencement of US subsidiary operations.
  • Advised US trade association in software development procurement deal with Canadian software developer.
text icon Publications & Presentations
Cloud Services Negotiation: Tips for Reducing Data Privacy and Cybersecuirty Risks
Co-author, ABA Information Security Committee Information Law Journal, Winter 2019: Volume 10, Issue 1
Winter 2018