Digital Economy

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.

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§  “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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