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Software and Services
Morrison & Foerster has one of the most extensive software industry practices of any law firm. We represent many of the world’s largest software vendors and purchasers of software and systems solutions. We differentiate our practice by the depth of our involvement in software industry matters, our international reach and the emphasis our attorneys place on understanding our clients’ businesses and the environments in which they operate.
We also regularly advise small, medium-sized and large companies on a broad range of software and services-related issues. We have a strong commitment and sensitivity to working with entrepreneurs and start-up companies. In this capacity, the firm provides a broad range of securities, tax, intellectual property, and other advice and support to companies in this vital industry.
Our specialist lawyers in the EU have advised clients on major systems and services development and procurement contracts, including in connection with the structuring and negotiation of complex service level agreements, on challenging domestic and cross-border software and data licensing arrangements, on cross-border technology transfer transactions, on ASP and on-line licensing models and on end-user licensing arrangements, including in connection with EU consumer protection laws affecting licensing contracts.
Transactions on which our lawyers have worked include:
- Advising Amadeus Global Travel Distribution on its reservations, inventory and departure control systems integration and services agreements with a number of global airlines.
- Advising Cable & Wireless on the development and provision of a real-time currency clearing information services platform for the global banking community.
- Advising Fujitsu on issues arising out of the SCO/Linux dispute.
- Advising direct marketing service provider Harte-Hanks on licensing, telephone and e-mail marketing, distribution, and sourcing contracts.
- Developing template licence, maintenance, service, and distribution agreements for Informatica.
- Advising Korn/Ferry International (KFI) in connection with the development of its innovative award-winning ASP Executive Centre offering, an on-line, web-based talent and performance management platform for global business clients, including in connection with the development of its ASP licensing model, the data protection aspects of the service and cross-border data protection compliance requirements and in connection with contractual negotiations for provision of the service by KFI. The Executive Centre platform is capable of providing service simultaneously to multiple clients with potentially thousands of users in multiple locations per client.
- Advising Mercury Interactive, a world leader in enterprise testing, tuning and performance management solutions, on licensing and commercial matters in Europe.
- Advising Research in Motion (suppliers of the Blackberry) with licensing issues in multiple jurisdictions.
- Advising Reuters on a data services agreement with Equant.
- Advising Saba, a leading provider of human capital development and management solutions, on a global licensing and services arrangement with Germany-based Allianz Group, one of the world's largest integrated financial services organisations.
- Assisting Sterling Commerce with contractual matters in multiple European jurisdictions.
- Advising SunGard Data Solutions in connection with numerous complex, cross-border software and data licensing arrangements with many of the world’s leading financial and energy companies.
See also our other related Technolgy Transaction practices:
