Shook, Hardy & Bacon’s Technology Transactions Practice assists clients in developing and commercializing technologies for use in their products and services, and in protecting clients’ valuable intellectual property rights in their technology assets. Our team is invested in understanding our clients’ technical and business objectives. We bring our experience, creativity and industry knowledge to the negotiation of both domestic and international commercial transactions that are essential to achieving those objectives.

In the increasingly competitive world of technology, we know that time is often the most precious commodity. We also know that clients want to protect their valuable intellectual property assets. We help clients navigate the complexities of commercial agreements involving technology to both efficiently and effectively close their business transactions. We strategically structure and negotiate business relationships to help clients succeed and gain a competitive advantage with their products and services around the world. 

Our team members have a unique background in the technology transactions practice of law due to the combination of sophisticated law firm practices and in-house experience with major international technology-based companies. This deep exposure to complex transactions (both domestic and international) involving cutting-edge technology makes our team stand out among lawyers in this practice area.  

Our clients range from Fortune 50 companies to startup companies, and we have been on all sides of transactions (e.g., buyer/seller or licensor/licensee). We are mindful  that each client’s needs are different and that their unique objectives should drive negotiation strategies and implementation. Because technology advances so rapidly, these needs may change over time and the agreements entered into now should anticipate the future. We collaborate closely with our clients to draft commercial agreements that can evolve with their changing and growing businesses.

Transaction Experience

Our transaction experience ranges from key bet-the-company strategic relationships, to cross-border technology deals, and of course the everyday agreements that our clients need to be completed efficiently and effectively. While we work on an extremely broad range of commercial agreements, here are some examples:

  • Development of hardware and software technology with third parties, including semiconductor chips and other components and systems for client device manufacturing.
  • In-bound and out-bound licensing of technologies, both stand-alone and for incorporation into first party or third-party (e.g., OEM) devices.
  • Component procurement agreements and related compliance issues for device manufacturing.
  • Product launch, co-development and co-marketing agreements, including related representation for go-to-market agreements, compliance and promotional activities.
  • Cloud services agreements, software as a service (SaaS), data service, hosting and other distributed services agreements.
  • Distribution and re-sale agreements, including retail, enterprise and sales channel agreements.
  • Structuring and implementation of contract management and compliance programs, including drafting templates, playbooks, training and other internal resources.
  • Advice on the intellectual property implications of proposed business relationships.
  • Privacy and data security issues relevant to structuring and implementing data-driven solutions.
  • Significant experience representing clients developing, manufacturing, purchasing/selling and exporting equipment, devices, materials and other technology, and licensing software, to and from the United States and the EU, including negotiating sophisticated technology agreements with companies based in Germany. This experience includes negotiation of favorable commercial, intellectual property and trade terms, and advice on potential regulatory implications of technology development agreements involving EU companies.

With evolving technology and increased business demand for the value it brings, Shook’s Technology Transactions attorneys have the experience and intelligence needed to provide expedient, practical legal support that protects clients’ intellectual property while obtaining desired business results.