McDermott Will & Schulte, a global law firm

At the forefront of data innovation and what’s next

Whether you are navigating the increasingly complex web of emerging privacy laws, responding to a data incident, unleashing the power of the data you collect, finding ways to safeguard the valuable information you hold or otherwise in need of a data-based “gut check,” our global privacy & cybersecurity team provides the practical guidance to minimize risk and drive your business forward.

Clients turn to our award-winning team for risk-based insights rooted in commercially oriented advice informed by regulatory expertise. Having worked in-house and been seconded to some of the most well-known companies, we understand our clients’ expectations and the need to identify realistic risk priorities and maximize business opportunities. Our team comprises engineers and computer coders, former senior government officials and cybercrime prosecutors. In addition, we helped draft the laws—we contributed to the legislative process to develop the California Privacy Rights Act (CPRA) and served at the European Commission leading deliberations over the General Data Protection Regulation (GDPR) and the e-Privacy regulation. We help you plan and prepare for the full lifecycle of data privacy needs, from proactive privacy and security counseling to incident response and regulatory and civil litigation.

Corporations across a wide range of industries partner with us to solve their most complex challenges, including:

• Developing global “soup to nuts” privacy and cybersecurity compliance programs
• Navigating evolving state and international privacy laws and sector-specific cybersecurity requirements
• Addressing the increased scrutiny and attention on privacy and cybersecurity from regulators, plaintiffs’ bar, vendors, insurers, customers and consumers
• Implementing “reasonable” cybersecurity and privacy standards that survive regulatory oversight and litigation
• Combatting increasingly sophisticated threat actors
• Developing scalable frameworks for evaluating vendors and corporate acquisition targets
• Developing data collection, monetization and digital marketing strategies
• Counseling on product development
• Advising on the cross-border transfer of personal data
• Maintaining attorney-client privilege and work product protections for internal investigations
• Deploying efficient and effective templates and resources

Technology, information and intellectual property assets form the core of the modern economy. Whether technology is a company’s primary focus or an essential tool in providing better products and services, it plays an important role in virtually every business.

Our technology and commercial transactions team includes lawyers with deep experience representing technology companies and their customers at every point in the business lifecycle. We provide counsel on purchase, supply, development, licensing, distribution, joint venture, reseller, and other agreements and contracts.

Our lawyers advise startups, Fortune 50 technology companies, and national and multinational enterprises operating in a wide range of industries, including aviation, banking and finance, defense, energy, entertainment, life sciences, natural resources, real estate, technology and telecommunications. We have structured, negotiated and closed billions of dollars of technology transactions for clients across North America, Europe, the Asia-Pacific region, Latin America and Africa.

Our lawyers are deeply skilled at advising clients on a wide variety of technology-related matters and issues involved with the acquisition and licensing of technology and IP assets, including cloud computing, outsourcing of technology and business processes, data privacy, distribution agreements, wireless and wireline telecommunications, technology development and related maintenance and services, e-commerce, electronic payment systems, Internet-of-things, mobile app development, social media, content delivery, contract manufacturing, open source and other software issues, consulting services agreements, and contract manufacturing. Our lawyers also advise clients on transition services as well as the technology and intellectual property issues relating to the acquisition or divestiture of businesses.

A number of our partners have been recognized as leading practitioners by publications and ratings agencies such as Chambers Global, Chambers USA, Chambers Europe, The Best Lawyers in America, The Legal 500, The Legal 500 EMEA, The Legal 500 Deutschland, JUVE Handbuch Wirtschaftskanzleien, BTI Consulting Group, Lawdragon and The Black Book of Outsourcing.

AI law and business

This comprehensive treatise offers a forward-looking perspective on how US and international laws are adapting as AI continues to evolve at an extraordinary pace.

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Our areas of focus

• Technology Development
  We regularly advise a broad range of clients—from entrepreneurs to national utilities and multinational corporations—on technology development issues, including the negotiation of joint technology development arrangements and related commercial and regulatory issues. We provide counsel on the acquisition and licensing of emerging IP and other assets, technology transfers, product development and manufacturing agreements, patent prosecution and portfolio strategies, open-source software development and hardware acquisitions.
• Technology Licensing and Procurement
  We regularly represent businesses involved in the licensing and procurement of technology and intellectual property assets. Our lawyers have significant experience in cloud computing, software as a service (SaaS), platform as a service (PaaS) and infrastructure as a service (IaaS), software licensing, content licensing, technology implementation, maintenance and support, e-commerce issues, hosting and hardware acquisition.
• Joint Ventures and Strategic Alliances
  For many businesses, it makes sense to join forces with allied companies to achieve shared goals. It does not, however, always make sense to merge with or acquire another enterprise in order to formalize such cooperative efforts. We have helped numerous companies negotiate effective joint ventures and strategic alliances in technologies such as industrial processes, cloud computing, data centers, medical and health care services and products, and telecommunications. We work with clients to assess the strength of their assets and conduct due diligence reviews of partners to determine the most effective framework for pursuing mutual objectives. Recent client engagements have involved a joint venture to develop flash storage for computers and the development of cloud computing-based medical image management solutions.
• Manufacturing, Supply and Distribution Agreements
  We regularly negotiate a broad range of agreements on behalf of OEMs, developers, manufacturers, contract manufacturers, suppliers, distributors, resellers, energy companies and utilities, and logistics enterprises across the United States, in international markets, and across industries such as information technology, biotechnology and advanced fabrication. Our lawyers negotiate integrated supply management, supply chain and distribution agreements that ensure compliance with federal and state laws and regulations, and address issues such as technology licensing, electronic contracting, signatures and records, product marketing and promotion, use of online tools and search engines, and advertising and sweepstakes.
• E-Commerce
  We advise clients on the full spectrum of legal, commercial and regulatory issues that arise in the context of e-commerce. This includes advising on electronic contracting, EULAs, terms of use, marketing, data privacy and protection, cybersecurity, compliance, technology transfers, electronic payments, social media issues, business method patents, and trademarks.
• Internet of Things
  The “old” internet is being surpassed by the “internet of things”: technologies embedded in and connecting the everyday objects that people use at work, at home, in the car—even while asleep. Our lawyers advise clients on the myriad legal and commercial issues that arise from the development, deployment, licensing and sale of products, processes and services relating to wearable technologies, smart buildings and cities, telemedicine and e-health, energy and automobiles, among other growth areas. We also recognize that laws and regulations surrounding data privacy, consumer protection and telecommunications have a significant effect on the production, sale and use of these technologies.
• Health Information Technology
  We advise clients on the full range of legal and compliance issues relating to the acquisition, implementation, use and management of health information technology (HIT), including the computer software and hardware that deals with the retrieval, sharing and use of health care information for decision making, regulatory reporting and communication among providers, insurers and patients. We counsel clients on matters involving electronic health records (EHRs), health information exchange (HIEs) and protected health information (PHI). We routinely advise physicians, hospitals, health systems, practice management companies, EHR vendors and medical billing companies on compliance with HIPAA, state breach notification laws, Medicare and Medicaid EHR Incentive Program requirements, and the False Claims Act, Anti-Kickback Statute, and other federal and state healthcare regulatory laws.
• Cloud
  New technologies, emerging business models and an increasingly mobile workforce have made cloud computing the IT option of choice for many businesses and organizations. We have represented numerous providers, corporate customers and investors on all sides of technology transactions and agreements involving cloud computing, Software as a Service (SaaS), Platform as a Service (Paas), Infrastructure as a Service (IaaS), hosted arrangements, web services and application outsourcing. We help domestic and multinational clients identify and address potential issues such as data security, protection and privacy, while determining the value of services in terms of increased revenues, reduced costs and more efficient operations. We regularly draw on our firm’s experience in technology intellectual property, finance, corporate transactions, regulatory and compliance, and other key areas of law to negotiate transactions and develop enforceable terms of service, service level, subscription, and other agreements.