Intellectual Property |
IP & Tech Transactions

IP & Tech Transactions

We work with large private and public corporations and universities, as well as startups and mid-market companies, across a wide range of industries, from media and entertainment, retail, beauty, fashion, and food and beverage, to the spectrum of the latest technologies, including ad tech, fintech, software, IT, AI, big data, and blockchain.

Our team advises organizations on how to structure and implement the critical relationships and agreements that will be most conducive to successful operations and that will help achieve their ultimate corporate objectives.

Our services include:

IP Counsel

Initially, we advise on company formation and the development of effective revenue models that suit each client’s assets, budget, and goals; then, we continue this support throughout the company’s life cycle and beyond to include sales, licensing, distribution, manufacturing, and patents.

Commercial Contracts

We negotiate and enforce the full range of contractual agreements necessary to profitably run and grow a business through the effective sale or licensing of goods and services; the generation of productive partnerships, joint ventures, and outsourcing options; and the monetization of intellectual property.

Complex Transactions

Working with both investors and founders, we provide counsel on and negotiate financing structures, documentation, and joint ventures, including terms and conditions, across a wide range of sectors and sizes.
We conduct effective due diligence to ensure our clients have the necessary infrastructure to effectively leverage their IP and other assets.
When it is time for ownership to change hands, we represent buyers, sellers and investors with integration, transition service documentation, the evaluation of licensing and data rights, and the thorough analysis of underlying chains of title for technology, data, and cybersecurity, in order to facilitate an optimal continuation of operations.

Acting as Outside GC

We develop processes and protocols to ensure compliance with all pertinent regulations governing issues such as privacy and cybersecurity, investment rounds and financing, and trademark and copyrights.
We advise on day-to-day operational issues, ranging from taxation and employment matters to patent disputes.

Outsourcing

We guide clients through all kinds of outsourcing transactions, with a particular focus on cross border issues and the mitigation of possible global trade, national security, and data security risks.

Privacy & Cybersecurity

We help clients navigate the rapidly evolving, increasingly complex privacy and security law landscape in the United States, the EU, and around the world. We routinely counsel clients on their responsibilities when their business operations extend beyond U.S. borders, including compliance with the EU's General Data Protection Regulation (GDPR); our team is equally well versed in FTC regulations and investigations, data breach preparation, response and remediation, and the defense of class action litigation resulting from information security and privacy law violations.

We prioritize the avoidance of costly disputes, always aiming to resolve potential difficulties before they arise. We consistently assess litigation risks by analyzing the potential impact of controversy on production, profits, and reputation and, wherever possible, negotiating settlements to enable the efficient flow of business and preservation of assets.

Practice Leadership

Mark P. Kesslen
Partner
Chair, Intellectual Property Group

EXPERIENCE

Represented mParticle, the leading customer data infrastructure company, in raising $150 million in Series E funding to support its continued global go-to-market expansion, as well as significant R&D investment as demand for customer data infrastructure continues to accelerate.

Experience

Represented Ethoca, a global provider of technology solutions that help merchants and card issuers collaborate in real-time to quickly identify and resolve fraud in digital commerce, in its acquisition by Mastercard (NYSE: MA). (April 2019)
Represented Cambium Learning Group, Inc. (Nasdaq: ABCD), a leading SaaS educational technology solutions company, in its $900 million acquisition by Veritas Capital, a New York-based private-equity firm. (December 2018)
Represented Cambium Learning Group, Inc. (Nasdaq: ABCD), ), a leading SaaS educational technology solutions company, in its acquisition of VKidz Holdings Inc., an educational technology company delivering comprehensive online curriculum for PreK through 12th grade students. (December 2018)
Represented mParticle, the leading customer data infrastructure company, in raising $150 million in Series E funding to support its continued global go-to-market expansion, as well as significant R&D investment as demand for customer data infrastructure continues to accelerate.

OUR TEAM

Image of Mary J. Hildebrand CIPP/US/E/AIGP

Mary J. Hildebrand CIPP/US/E/AIGP
Partner

Nicholas G. Mehler
Partner

Matt Savare
Partner

Bryan Sterba
Partner

Lisa A. Harvey
Senior Counsel

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NEWS & INSIGHTS

Practice Leadership

Mark P. Kesslen
Partner
Chair, Intellectual Property Group

Honors & Awards

World Trademark Review: World Trademark Review (2012-2021):
Listed among the preeminent trademark practices in World Trademark Review 1000 - The World's Leading Trademark Professionals
Leadership Council on Legal Diversity: Fellows Program (2018):
Landmark program created to identify, train, and advance the next generation of leaders in the legal profession
IAM Global Leader (2020):
Recognizing experience relating to creating, protecting, managing, transacting, and enforcing critical patent rights as well as ability to innovate and inspire in delivering for clients
Pro Bono Partnership (2021):
Manali Joglekar CIPP/US, CIPP/E, CIPT – Recipient of a 2020 Volunteer of the Year award (bestowed in 2021) for assisting numerous nonprofits structure their online programs, develop effective websites policies, and negotiate licensing agreements and other contracts
Patexia Patent Prosecution Intelligence Report (2019-2021):
Ranked #11: Best Performing Law Firms in High-Tech (2021)

Ranked #28: Best Performing Law Firms Overall (2021)

Ranked #21: Best Performing Law Firms Overall (2020)

Ranked#9: Best Performing Law Firms in High-Tech (2020)

Ranked #50: Most Active Law Firms in High-Tech (2020)

Ranked #6: Best Performing Law Firms Overall (2019)

Ranked #6: Best Performing Law Firms in High-Tech (2019)

Recognized: Most Active Law Firms; Most Active Law Firms in High-Tech (2019)
New Jersey Super Lawyers (2009):
Named to "Rising Stars" list
New Jersey Super Lawyers (2007-2009):
Named to "Rising Stars" list
New Jersey Super Lawyers (2013-2014):
Named to "Rising Stars" list

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Alternative Data = Better Investment Strategies, But Not Without Concerns

Intellectual Property |
IP & Tech Transactions

Alternative Data = Better Investment Strategies,
But Not Without Concerns