Practice Areas & Industries: Baker, Donelson, Bearman, Caldwell & Berkowitz, PC

Practice/Industry Group Overview

Baker Donelson maintains a multi-disciplinary Practice Group of more than a dozen lawyers to assist clients in navigating the complex and wide-ranging issues of corporate/IT procurement law. With more than 150 years of cumulative corporate/IT procurement experience within the Group, Baker Donelson draws upon lessons learned from a diversity of business transactions involving traditional businesses incorporating new technology, products and services, as well as with technology companies providing such products and services.

One of our key strengths lies in our experience with both vendors and purchasers of technology, products and services; we understand the business drivers on both sides of the transaction and can use this knowledge to achieve the most favorable result for the client. We are also experienced in financing corporate IT acquisitions, both from the standpoint of the lessor or lender and lessee or borrower. This breadth of experience allows us to avoid unnecessary roadblocks and fashion creative solutions for corporate/IT finance.

Representative Matters

• Represented one of the world's largest Internet hardware and technology service providers, providing support to enterprise sales and customer advocacy divisions, negotiating and drafting hardware and service agreements on a nationwide and occasional multi-national basis for sale to the public and private sectors, as well as revising and standardizing various technology contracts throughout the company.
• Supplied legal counsel to provider of web-based banking applications.
• Negotiated and drafted license agreements for consumer services industries.
• Reviewed and edited various agreements for a manufacturing consulting and systems integration company.
• Assisted in formation of a software design company and prepared marketing materials, licensing agreements and various other third-party agreements.
• Negotiated and drafted software licensing and development agreements for multinational financial services group.
• Drafted application service provider agreements for seller of financial information to large 401(k) administrators.
• Assisted IT division of large accounting firm in preparing IT outsourcing agreements.
• Negotiated and drafted NDAs and amendments to service agreements for large Internet hardware company.
• Drafted software development agreements for Web-based insurance quote platform.
• Represented large Internet hardware and service provider in revising form sales and servicing agreements in multiple jurisdictions.
• Represented privately owned voice technology provider in strategic acquisition of target company.
• Represented web¿based provider of professional information exchange in selling services to professionals and insurance companies.
• Negotiated nationwide equipment lease financing facility for technology equipment and telecommunication equipment.
• Created form lessee-oriented technology equipment lease agreements.
• Negotiated webhosting and IT consulting agreements with various providers on behalf of online staffing agency.
• Negotiated IP development and licensing agreements for a wireless semiconductor company.
• Negotiated joint product and project development agreements on behalf of a semiconductor company for use with a major east coast university.
• Negotiated contracts for computer hardware and related services company for service to support hardware and software sales.
• Negotiated software development agreements on behalf of Internet provider of legal services.
• Represented the credit card processing subsidiary of a major financial institution in its IT activities.
• Provided IT due diligence to national financial services provider in acquisition of credit card processing company.
• Represented company in outsourcing of entire IT department, including transitioning of employees.
• Developed blanket license system and license agreement for the first national program for licensing of digital rights to print materials through consensus negotiations with representatives of publishers, authors and corporate users.
• Designed a privacy and security compliance plan for a 170,000-member not-for-profit organization whose membership is in every state of the United States as well as in Puerto Rico, Canada, Mexico and Bermuda.
• Drafted and negotiated outsourcing agreement with telephone company to outsource its manufacture of copper cable assemblies, fiber optic assemblies and fiber optic attenuator, as well as various other products.
• Revised and standardized all worldwide technology service agreements for Fortune 100 company.
• Negotiated technology services agreement for immersive image services on behalf of Internet image company with largest online residential real estate website in U.S.
• Created lease consulting program for prominent technology procurement consulting firm, including the creation of form documents and presentation of multiple seminars on successful technology equipment leasing from the lessee's perspective.
• Represented Fortune 200 Company in settling multiple disputes with computer lessor.