Eversheds Sutherland (US) LLP

Eversheds Sutherland guides and advises established leaders and new entrants in the technology, media and telecommunications (TMT) industries in their most important transactions.

Our TMT clients are sophisticated innovators and dealmakers who demand creativity, flexibility, differentiated advice, and disciplined and nimble execution from their legal counsel. We represent companies of all sizes, from promising start-ups to established domestic and international companies. Our clients include software companies; business-to-business (B2B), business-to-consumer (B2C), software as a service (SAAS), data analytics and infrastructure businesses; television and radio broadcasters; cable and broadband companies; telecommunications companies; media and entertainment companies; and content providers, game developers, hardware manufacturers and electronics companies. We also advise the institutional, venture capital, private equity, and individual investors and lenders who invest in, buy, sell and finance TMT businesses.

Our deep industry knowledge and extensive transactional experience allow us to offer our clients the pragmatic and creative solutions they require.

Our multidisciplinary TMT practice includes transactional, intellectual property, financing, tax, employment and litigation attorneys who advise clients through all phases of the business lifecycle, including initial research and development, business capitalization, rapid expansion, intellectual property rights licensing, prosecution and litigation, antitrust and marketing compliance, talent acquisition and retention, private and public offerings, financings and mergers, acquisitions, joint ventures, divestitures and sales. Many of our clients are in businesses that are regulated by the Federal Communications Commission and other government agencies. We are sensitive to the relationship between the regulatory environment and our clients’ fast-changing businesses, and we work with our own regulatory lawyers and other regulatory advisers with whom we have deep and longstanding relationships to navigate these complex issues.

Why Eversheds Sutherland

Client-focused and directed. We go beyond legal issues to partner with our clients to achieve their objectives and resolve their business issues.

Collaborative approach. With dedicated client teams, our attorneys take pride in our collaborative approach to client service.

Deep industry knowledge. Our attorneys have significant knowledge of the TMT sector and include nationally recognized leaders and pioneers in the sector. We have partners who have served in the executive suite and in leading business development roles in the TMT sector, which allow them to bring an unmatched business perspective to transactions. With a presence in major markets, a comprehensive, transaction-oriented legal services platform, and a deep understanding of the business and legal issues facing TMT businesses, Eversheds Sutherland works with TMT clients to anticipate industry developments and formulate strategic responses.

Significant transactions. Our TMT attorneys advise clients in their most important and most sophisticated transactions, including mergers, acquisitions, divestitures, tax-advantaged transactions, financings and joint ventures, and related IP licensing, outsourcing agreements, content distribution arrangements, transition services, employment arrangements and restrictive covenants.

Intellectual property know-how. Many of our IP attorneys hold advanced technical degrees and spent years in the information technology field before joining Eversheds Sutherland. Our transactional IP attorneys advise on transactions involving numerous technologies, including hardware, software and networks, computer-based business methods, optical fiber devices and networks, wireless and wireline communications devices and systems, consumer products, display systems, image processing, integrated circuit design, semiconductor devices and fabrication techniques, microelectromechanical systems, bioinformatics and power systems.

Tax strength. With more than 100 attorneys and clients that include 35 of the Fortune 100 businesses, our renowned tax practice helps clients structure transactions and develop strategies to minimize federal, state, local and foreign taxes for deals involving stock and asset acquisitions and dispositions, reorganizations, liquidations, distributions and affiliated group transactions, as well as spin-offs, split-offs, leveraged partnerships, recapitalizations and other tax-advantaged transactions.

Dedicated client teams. We use dedicated client teams headed by senior members of our TMT practice to implement an integrated approach to each client project. Each client team includes attorneys whose practices are relevant to the project at hand. As a result, our client teams provide our clients with exceptional service.

Nuts and Bolts

Eversheds Sutherland guides our TMT clients through a wide range of issues, including:

• Corporate transactions
  
  • Mergers, acquisitions, dispositions and joint ventures
  • Acquisitions, including leveraged buyouts and management buyouts
  • New business platform development
  • Strategic asset sales and other dispositions
  • Liquidity events
  • Operational and strategic joint ventures, tax-advantaged partnerships and recapitalizations
  • Technology joint ventures
  • Minority Investing
  • Investments by strategic investors and angel, venture capital and private equity funds
  • Equity capital raises
  • Financing
  • Debt and equity financing
  • Preferred stock offerings
  • IPOs
  • Syndicated lending transactions
  • Content and other intellectual property
  • Content development and licensing and related transactions
  • Patent, trademark and copyright portfolio development, counseling and strategy
  • Licensing and technology transfer transactions
  • Litigation, including multi-patent, multidistrict disputes
  • Trade secrets misuse and unfair competition counseling and disputes
  • Research and development agreements
  • Trial agreements
• Tax
  
  • Planning opportunities
  • Financial statement issues
• Outsourcing and procurement
  
  • Negotiation strategies and development and implementation of tactical plans
  • Business, services and software solution procurement
  • Software compliance audits, privacy and security and software as a service (SAAS) transactions
• Privacy and data security
  
  • Discovery, construction, communication and evolution phases of privacy and information security program development.
  • Crisis response concerning actual and potential security breaches
  • Federal, state and foreign law compliance obligations
  • International data transfer requirements and counseling
  • Federal and state compliance
• Employment and compensation
  
  • Phantom and real equity benefits
  • Confidentiality and restricted covenant agreements and their enforcement
  • Classification of employees and independent contractors

Take Action

Businesses in the technology, media and telecommunications sector turn to Eversheds Sutherland to successfully develop and interpret market intelligence, pursue opportunities, confront challenges, and develop and implement actionable risk evaluation, downside protection strategies and tax-efficient structuring.

§  “Diversity at Sutherland Asbill & Brennan LLP” to “Diversity at Eversheds Sutherland (US) LLP”

§  “Diversity” section:

o   The firm’s emphasis on diversity is reflected in numerous ways throughout the firm, such as the manner in which we recruit lawyers and other employees, our work-life policies and our professional service efforts. We have been recognized for our achievements in diversity.  More importantly, we understand the significant role a diverse community plays in the firm's growth and development.

§  “Our Awards and Recognitions” section:

o   Eversheds Sutherland (US) LLP continues to be recognized for its efforts to promote diversity in the workplace and in the legal profession. In 2016 we were named a “Best Place to Work for LGBT Equality,” having earned a perfect 100 score on the Human Rights Campaign’s Corporate Equality Index, and we also were ranked a Top 100 Firm for Minority Attorneys by Law360. In addition, the firm was awarded the Gold Standard Certification for the fifth consecutive year by the Women in Law Empowerment Forum.

§  “Our Commitment” section:

o   Eversheds Sutherland (US) LLP is committed to promoting diversity within the firm and in the legal profession.  We believe that diverse skills, knowledge and viewpoints make us a stronger, more productive law firm.  We hire and promote qualified lawyers and other professionals regardless of race, color, national origin, religion, disability, gender, gender identity or sexual orientation.  We understand that diversity enhances our value to clients by allowing us to staff our client teams with professionals who possess broad experiences and a spectrum of perspectives.

o   Eversheds Sutherland (US) LLP has a cross-office Diversity Committee with responsibility for supporting and enhancing our firm culture.  Our committee has helped coordinate and lead a number of efforts to advance diversity within our firm and the community. Affinity groups at the firm serve as support networks for attorneys of color; women lawyers; and gay, lesbian, bisexual and transgender attorneys.

o   We are committed to working with our clients as they pursue the common goal of a professional workplace where opportunity is available to all.

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