Thelen LLP is a recognized leader in information technology (IT) law and regularly represents clients in agreements for technology development, procurement, and licensing, as well as distribution and transfer of software, hardware, and telecommunications products and services.
The Technology and Sourcing practice has significant experience assisting both vendors and users of technology. In representing both sides in IT transactions, our attorneys are able to anticipate the adverse party's strategy and to effectively counsel our clients in negotiation. Thelen's attorneys can also advise clients as to how particular issues have been negotiated in similar transactions, and propose alternative and creative resolutions.
The services provided by Thelen's lawyers extend beyond individual contract negotiation. Our attorneys regularly assist clients with negotiation strategies that meet their needs, including drafting and analyzing form agreements and providing training sessions on negotiating key business issues. The Technology and Sourcing group also regularly assists clients with creating and updating corporate policies regarding the use and security of their IT assets.
Active clients of Thelen's Technology and Sourcing practice include leading Wall Street investment banks, Fortune 50 entertainment and media companies, leading financial services and insurance firms, and top tier software and technology infrastructure vendors.
Outsourcing
Thelen is a national leader in structuring and implementing outsourcing transactions, whose combined value approaches tens of billions of dollars. Our attorneys advise both users and vendors on how to structure outsourcing alliances, identify strategic objectives, and evaluate the benefits of specific transactions. We draft and negotiate all necessary agreements and subsidiary schedules and are known as dealmakers who find practical business solutions to our clients' concerns. Thelen has represented hundreds of outsourcing customers in deals against experienced technology providers, such as IBM and EDS, and the emerging outsourcing leaders in Asia. We have also represented some of the biggest telecommunications providers, such as AT&T Solutions, in their large-scale outsourcing deals.
Thelen has negotiated outsourcing transactions in the following areas: information technology operations, including data center, desktop, and networks; telecommunications and applications development; business process outsourcing, such as tax compliance, purchasing, and human resources; facilities and real property operations; manufacturing, packaging, and logistics; and e-commerce enterprise outsourcing.
E-Commerce
Thelen is an international leader in e-commerce law, representing top entertainment and media-sector clients in their online businesses. Our experience includes work for major media, new media, entertainment, publishing, manufacturing, educational, pharmaceutical, financial service, consulting firms, technology companies, and small start-ups. We are a major player in state-of-the-art issues such as the digital distribution of music and print, digital rights management, wireless communications, broadband access to the Internet, and satellite technologies.
Among Thelen's clients are the largest web-based "business-to-business" exchanges, popular "business-to-consumer" e-commerce ventures, leading content providers, Internet "pipes" from dial-up ISPs to broadband providers, leading e-commerce technology providers, commercial banks, investment banks, and insurance companies. We also work with on-line advertisers and agencies, wireless and application service providers, trade organizations, business credit providers, distributors, logistics providers, fulfillment and governmental entities, and public utilities. (See a description of Thelen's E-Commerce practice.)
Communications
Thelen's Technology and Sourcing practice brings together entertainment, corporate, and intellectual property attorneys to focus on transactional, commercial, and regulatory representation in the different communications sectors.
We have represented all manner of clients in a variety of complex commercial arrangements. A sampling of our experience includes work for fixed and mobile wireless, satellite, VoIP, circuit-switched telephony, cable, submarine cable, broadcast operators, carriers, and equipment manufacturers. We have represented clients in matters such as service, capacity, licensing, distribution, and supplier agreements. Thelen has also represented companies, investors, and lenders regarding M&A, private equity, securities, project finance, leveraged acquisitions, divestitures and spin-offs, cross-border joint ventures, public and private debt and equity offerings, and financial and strategic investments.
Thelen attorneys also advise on matters concerning data privacy and security, networking infrastructure and management, video conferencing, content providers, production companies, ASPs, ISPs, and other on-line service providers.
We represent our clients before federal and state regulatory authorities, including the Federal Communications Commission (FCC), the Department of Justice, the Federal Trade Commission, as well as state and local public service and utility commissions.
Satellites and Space
Thelen attorneys have represented satellite and space sector operators, manufacturers, launch service providers, investors, and lenders in a wide range of transactional, commercial, and regulatory issues. We have structured complex tax and regulatory-driven cross-border joint ventures, sector mergers and acquisitions, private and public debt and equity financings, equipment sale and leasing, service capacity, and negotiation of pre-launch, launch, and in-orbit insurance packages.
Thelen attorneys have also handled a full range of regulatory proceedings before the FCC and other domestic and international administrative agencies such as the International Telecommunications Union, the European Commission, and the World Trade Organization. We have assisted with space and earth station license applications and transfers, comments on proposed rule-makings, and spectrum and orbital slot auctions and allocations.
First Amendment and Defamation
Thelen attorneys have substantial experience representing major media companies, individuals, and non-media corporations in libel and privacy matters. We often represent and advise employers on appropriate ways to minimize the possibility of defamation actions brought by disgruntled employees.
Our attorneys have litigated defamation and privacy issues in both the U.S. and abroad, winning a number of trials and favorable settlements in both federal and state courts and before diverse arbitration panels. (See a description of Thelen's First Amendment and Defamation practice.)
Related Practices
Business and Finance
Thelen attorneys handle a broad range of corporate work for our technology and sourcing clients, including mergers and acquisitions, private equity and venture capital, private placements, public securities offerings, and commercial lending. Thelen provides counsel to established domestic, foreign, and emerging growth companies, investment banks, venture capitalists, and other financial institutions. Thelen's widely recognized experience in new media and e-commerce make our firm the natural choice for a broad array of privately held and public companies alike. (See a description of Thelen's Business and Finance practice.)
Intellectual Property
Thelen's Intellectual Property attorneys practice in the fields of computers, software, electronics, the Internet, and telecommunications, including wireless, biomedical, and other high-technology areas. Thelen counsels clients on all aspects of acquiring, perfecting, and protecting the clients' interests in their patents and other intellectual property, including the drafting and prosecution of patent applications in the U.S. and worldwide, and providing opinions and advice as to scope and validity of patent rights. Thelen also offers exceptional service in the acquisition, maintenance, policing, and enforcement of client trademarks and related intellectual property, such as Internet domain names and copyrights. (See a description of Thelen's Intellectual Property practice.)
Business Reorganization and Creditors' Rights
Our attorneys practice every facet of creditors' rights and bankruptcy law, including the representation of secured lenders in Chapter 11 restructurings and out-of-court workouts. Our bankruptcy attorneys possess broad experience concerning creditors' committees, individual creditors, debtors, indenture trustees, bondholders, lessors, equity security holders, and debtor-in-possession lenders.
Thelen's Business Reorganization and Creditors' Rights practice includes representing users of technology in bankruptcy and pre-bankruptcy restructurings. The extraordinary strength of Thelen's core technology and sourcing practice enables us to bring a level of expertise to these matters, which is simply unmatched by other law firms. This expertise enables Thelen to creatively advise and represent clients in difficult issues that confront licensees and licensors of technology and intellectual property. (See a description of Thelen's Business Reorganization and Creditors' Rights practice.)
To learn more about Thelen's Technology and Sourcing practice, please contact the following:
Julian Millstein
New York
te: 212 603 2440
jmillstein@thelen.com
Hartford Los Angeles New York Northern NJ San Francisco Shanghai Silicon Valley Washington, DC
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