Practice Areas & Industries: Eversheds Sutherland (US) LLP


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Practice/Industry Group Overview

Amid constant upheaval in the digital economy, Sutherland guides industry leaders through technological and regulatory uncertainty to achieve success.

In the digital economy, companies can’t afford to fall behind. Every business has been affected by the rapid evolution of technology, the move to cloud computing, digital commerce and other developments that were inconceivable just a few short years ago. Sutherland helps clients across industries thrive in the digital age. Our integrated, full-service national law firm guides clients through the whole spectrum of issues, including multiple service components, tax, intellectual property, outsourcing and implementation, mergers and acquisitions, joint ventures and financing.

Our preeminent Tax practice helps clients navigate digital transactions and services that most current tax laws fail to address. Our Outsourcing practice represents customers in outsourcing transactions that use technology, cloud computing and other innovative solutions to more efficiently run their business. Our Intellectual Property lawyers understand the complexities of digital solutions, and many have degrees in electrical engineering and computer engineering. Our Technology and E-Commerce Team is well versed in the business and legal issues affecting companies engaged in technology transactions and electronic commerce.

We represent companies of all sizes, from promising start-ups to established domestic and international companies, and in all industries. To provide the most value to our clients, our lawyers stay on the cutting edge of the business and legal issues that they face. We believe our value as a legal and business adviser lies in our ability to support the growth of our clients. This approach means that we get deals done.

Why Sutherland
At the leading edge of m-commerce. As mobile commerce and the “mobile wallet” gain traction across the United States, Sutherland helps clients obtain and use the technology they need to make m-commerce systems work. In close association with our IP group, our e-commerce lawyers are paving the way for our payment processor clients to gain and keep market share in this new industry segment.

Courtroom experience. Creating digital economy tools requires significant investment and resources, and companies often face litigation over some of these issues and developments. When our clients face legal challenges, Sutherland possesses substantial litigation experience and our attorneys are comfortable explaining cutting-edge technologies to both judges and juries.

Educate, advocate and impact on tax matters. Companies in the digital economy often grapple with antiquated tax laws. To best advocate on our clients’ behalf, Sutherland has formed the Digital Goods Coalition, a network of clients actively educating legislators and tax authorities, advocating for clear statutory exemption of digital goods and impacting legislative and regulatory efforts across the country.

Developing partnerships. Our relationships with our digital economy clients all contain one element – a spirit of partnership. We know how to foster their development and success by becoming thoroughly familiar with their businesses and their goals.

Nuts and Bolts
With the strength of a full-service, national firm, Sutherland guides our clients through all the issues raised in the digital economy, including:

  • Technology and E-Commerce 
    • Electronic payments transactions, electronic payment networks and payment card processing and systems
    • Purchases and sales of portfolios of credit card processing contracts and related assets
    • Strategic relationships involving parties engaged in the payment card industry
    • Analyzing issues related to introducing new types of payment products
    • Implementing mobile commerce products and services, including establishing relationships among various application and infrastructure partners to implement m-commerce products and services and among various commercial customers of m-commerce products and services.
    • Analyzing issues and implementing solutions related to stored value cards, including structuring arrangements to address “breakage”
    • Sophisticated technology and intellectual property licensing arrangements related to e-commerce businesses
    • Web hosting and application development contracts specific to products and services offered over the Internet
    • Familiarity with the patent and intellectual property landscape related to payment cards, electronic payments and related financial services products
    • Advising on the implication of banking and financial services laws and regulation to bank and non-bank financial services companies
  • Intellectual Property
    • Patent prosecution and counseling
    • Litigation experience, including multi-patent, multi-district disputes
    • E-Commerce and branding disputes
    • Trade secrets misuse and unfair competition
  • Corporate and Technology Transactions
    • Licensing and other technology transfer
    • Development, manufacturing and sale, whether individually or with others, of new technology and products
    • Joint ventures and research and development agreements
    • Capital raising, mergers and acquisitions, IPOs and securities compliance
  • Tax
    • Planning opportunities
    • Controversies and litigation
    • Financial statement issues
    • Policy and legislation
  • Outsourcing and Implementation
    •  Developing and executing a negotiation strategy and tactical plan
    • Defining, documenting and negotiating business, services and software solution requirements with suppliers
    • Ensuring clients obtain market-consistent pricing and receive timely and proper performance from suppliers throughout the term of the arrangement
    • Overseeing software compliance audits, privacy and security and software as a service (SAAS) transactions

Take Action
As the pace of technology speeds up, our lawyers partner with our clients to anticipate and adapt to changes, whatever industry they operate in.

Selected Experience
Sutherland guides First Data through its work in launching Google Wallet.
Sutherland represented First Data, a global payments and e-commerce industry giant, with its participation in the launch of Google Wallet. Google Wallet is an innovative mobile commerce technology that gives customers an android-based virtual wallet, enabling them to Tap and Pay at the point of sale using their cell phones.

Sutherland provides general patent advice to leading payment processing service and technology provider.
Sutherland serves a leading payment processing service and technology provider to financial institutions by providing patent counseling and worldwide patent prosecution services. Our guidance covers patent portfolio strategies, technology and intellectual property licensing and third-party patent issues.

Sutherland advises leading online retailer about state tax issues.
Sutherland provides state tax advice and consulting to an online retailer on the taxability of their goods and services across the United States.

Articles Authored by Lawyers at this office:

A Subtle Snare of the Justice Against Sponsors of Terrorism Act for Businesses Indirectly Supporting International Terrorism
Peter J. Anderson,Mary Beth Martinez,W. Scott Sorrels,Ronald W. Zdrojeski, October 25, 2016
While countless news outlets have reported the recent Congressional override of President Obama’s veto of the Justice Against Sponsors of Terrorism Act (JASTA), few have given much thought to the more nuanced consequences that JASTA could have on private businesses. While the primary goal of...

CFPB Single-Director Structure Unconstitutional: CFPB Director Now Serves at President’s Will
Thomas M. Byrne,Matt Gatewood,Kymberly Kochis,Lewis S. Wiener, October 14, 2016
A divided panel of the U.S. Court of Appeals for the District of Columbia Circuit ruled October 11, 2016, that the current structure of the Consumer Financial Protection Bureau (CFPB) is unconstitutional. The court concluded that an independent agency such as the CFPB cannot have a single director...

CFPB Fires Another Warning Shot for Processors to Be Aware of Their Merchants’ Activities
Brian Barrett,Brian M. Murphy,Robert J. Pile,Lewis S. Wiener, June 14, 2016
In a recent line of enforcement actions, the Consumer Financial Protection Bureau (CFPB) has signaled that it will hold payment processors liable if the CFPB believes the processors know or should have known that transactions processed for their processing customers are fraudulent or illegal. The...

FTC Reviews Security Updates Practices of Eight Mobile Device Manufacturers
, May 17, 2016
The Federal Trade Commission is requiring eight mobile device manufacturers to provide the FTC with information about how they determine to issue security updates to address vulnerabilities in smartphones, tablets, and other mobile devices. The FTC plans to use these filings to study policies,...