Technology Transactions



Gibson, Dunn & Crutcher’s Technology Transactions Practice advises clients on technology and intellectual property transactions and policies relating to the use and protection of IP and data.  Our practice combines comprehensive knowledge of rapidly emerging legal developments around the world with a deep understanding of relevant technologies, and decades of experience assisting clients achieve their strategic objectives.

We represent clients across the spectrum of industries and technologies, including established and emerging companies.  Our role ranges across all aspects of the structuring, negotiating and documenting of complex transactions involving the commercialization of technology and intellectual property as well as counseling in-house counsel on critical, discrete IP issues.  Our practitioners have been recognized with a number of awards and honors in the field, including from the Chambers Guide, Legal500, Law Dragon and the Daily Journal.

Our areas of focus include:

  • Cloud Computing.  Our Technology Transactions Practice advises service providers and customers of cloud-based services in a variety of contexts, including multinational software-as-a-service (SaaS), platform-as-a-service (PaaS), and information-as-a-service (IaaS) engagements.  In addition to negotiating and structuring cloud computing terms of service, service level agreements and subscription agreements, we routinely counsel customers and vendors regarding the procurement, architecture and deployment of cross-border cloud computing infrastructures, which implicate telecommunications, data privacy and security, and intellectual property laws of jurisdictions worldwide.
  • Software Licensing.  Our lawyers represent software vendors, distributors and customers in the negotiation and structuring of software license, development, distribution and end-user agreements.  We also regularly counsel clients on licensing and policy matters related to open source software and open source standards, including providing guidance on related licensing and business models, development policies, audit procedures and risk mitigation strategies.
  • Patent Licensing, Acquisition and Counseling.  Gibson Dunn’s Technology Transactions Practice regularly advises clients in the structuring and negotiation of complex patent licenses and patent portfolio acquisition agreements, including cross-licenses, patent litigation settlements, licensing of standards-essential patents, license agreements with universities and research institutions, and patent pool agreements.
  • Data Acquisition and Transfer.  We represent clients in high-value transactions for the transfer, sharing, licensing, mining and analysis of a wide variety of data and information, which we structure in view of rapidly emerging U.S. state and federal and non-U.S. data privacy and security laws, regulations and standards.  This includes transactions implicating personally identifying information (PII), personal health information (PHI), personally sensitive data, credit card data and related financial information, data for export and data controlled by the International Traffic in Arms Regulation (ITAR).
  • Life Sciences.  We regularly represent life sciences clients in a wide variety of U.S. and international transactions involving the licensing, acquisition and development of intellectual property.  These matters include research and development agreements, drug discovery collaboration agreements, and joint venture agreements relating to pharmaceutical, biotechnology and medical device products.  We counsel clients as well on agreements concerning manufacturing and supply, clinical trials, material transfer, and distribution.
  • Digital Media/Content.  Gibson Dunn’s Technology Transactions Practice represents clients in the acquisition and licensing of digital media and content, including mobile applications, video games, music recordings, motion pictures, television programming, and other digital content that is streamed or distributed over the Internet.
  • E-Commerce/Online Businesses.  Our group has substantial experience structuring and negotiating agreements relating to e-commerce, website development, hosting and platforms, content licenses and website co-branding, as well as in addressing the range of legal issues faced by online businesses.
  • Technology Services and Procurement.  We regularly represent clients on a wide range of transactions involving the procurement, provision and disposition of technology infrastructure and services, including contract manufacturing agreements, hardware supply and distribution arrangements, and VAR and OEM arrangements.
  • Telecommunications Services.  Gibson Dunn’s Technology Transactions Practice represents companies and telecommunications providers in connection with the procurement and delivery of telecommunications services worldwide, including peering agreements, data center hosting and colocation agreements, and agreements providing for wireless, satellite communications, voice delivery and call center services.
  • Trademark Licensing and Prosecution.  Our lawyers regularly assist clients with the negotiation of trademark licenses, concurrent use and co-existence agreements, brand licensing agreements and agreements involving the acquisition of valuable brands.  We also routinely advise on the trademark selection and clearance process, prosecution of trademarks before the U.S. Patent and Trademark Office, and maintenance of clients’ global trademark portfolios.

In addition to representing clients in transactions relating to the commercialization of technology and intellectual property, our attorneys work closely with the firm’s Mergers & Acquisitions, Capital Markets, and Global Finance Practice Groups to guide clients on the IP and IT aspects of M&A, investment and financing transactions, including IP and IT due diligence, negotiation of IP- and IT-related provisions, assessment and counseling regarding IP- and IT-related risks and mitigation strategies, and the structuring and negotiation of concurrent licensing and transition services agreements.