MERGERS & ACQUISITIONS
- Assisted lynda.com in the 2014 acquisition of the media assets of Gainshare dba Interface TT, and with the license agreement regarding certain assets not being acquired.
- Represented German games/App developer client, Gamedoctors, which was the creator of Zombie Smash, the No.2 grossing App on Apple’s App Store, in its sale to Zynga. The deal involved both cash and stock, and various complex issues were triggered by its international aspects
- Represented Alexandre Dreyfus, leader in European online gaming/poker world, and his companies Chilipay Limited of Malta and MediarexInternacional of Costa Rica, in sale of Mediarex’s proprietary B2B igaming software platform to Bally Technologies of Las Vegas, Nevada. Other assets also were sold to Bally, and there were employment issues. This cross-border transaction had considerable complexity arising from the laws of the various jurisdictions that were involved, including Malta, France, Costa Rica and Nevada.
LICENSING, TECHNOLOGY &MEDIA TRANSACTIONS
Informatica Corp.: Handled all of Latin American transactions mostly in Spanish and Portuguese. Transactions include a variety of professional services (development) deals, software license transactions and support services agreements and distribution deals with a who’s who of Latin American companies.
- Informatica: Handled numerous Cloud Agreements; Software-as-a-Service: Informatica Cloud Service: helped prepare some of the template subscription service agreements used by Informatica for its highly successful Cloud Service, and negotiated Cloud deals with many Fortune 500 companies
- Logitech: advise Logitech on its reseller and distribution deals in Latin America, and other Latin American matters, including deals with: RadioShack Mexico; Liverpool Mexico; OfficeMax México; Office Depot México
- Box.com: Drafted Distribution and Service Agreement with HP
- Nativ Limited: For UK software publisher of MioEverywhere, a media logistics platform that enables management of end-to-end content processes, negotiated license agreement with Vubiquity, and OEM and reseller agreement with Ooyala.
- Associated Production Music: APM Music: For world’s largest production music library, prepare most music licensing templates and negotiate various music license, synchronization license and distribution deals.
- Video Copilot: Draft and negotiate Action Movie FX App production deal with Bad Robot Entertainment; Prepare technology license agreement for VideoCopilot.net website; Negotiate software license with Industrial Light & Magic, a division of Lucasfilm Entertainment
- Irvine Company: Negotiate digital film projection Master Administration Agreement with Sony Electronics on behalf of Island Cinema
- Avantica: international software development company for technology companies: helped draft and negotiated master services agreements with: Paciolan, salesforce.com,
- NTC: for this market leader in IT design, consulting and implementation services for media and entertainment industry giants, negotiated agreemetns with AT&T, Verizon, PBS/NPR.
- StrongLoop: negotiated, drafted software license and services agreement with TD Bank & Bank of America.
- Negotiated employment agreement for computer graphics designer with Bad Robot Productions
- For major software company, negotiated deal with Amazon World Services whereby the company’s software would be made available in the Amazon Cloud for paid hourly usage by businesses
- For major Silicon Valley software company, worked to ensure that online website administered by Digital River did not violate resale price maintenance provisions of antitrust law under European Union laws.
- APM Music: the country’s largest production music library, an “iTunes” for the film, television and videogames industries, handled various website development deals as it perfected its web-based Interface
- Proxio: whose platform internationalizes the real estate MLS service for global online use, draft/negotiate a license, services and marketing agreement with Lennar Homes.
- Dailymotion: Advised on the U.S. legal status of the practice of placing advertising next to user-generated content.
- PriceGrabber.com: Handled many of the transactions and drafted many of the agreements that this ecommerce website used as it grew into a price comparison powerhouse on the Internet.
- Logitech: Helped negotiate build-out agreement and office lease of the Mexico City office of a $4 billion Northern California- based computer peripheral and consumer electronics company
- Proxio: provided legal counsel to a joint venture with a Mexican company to offer Proxio software in Mexico, and establish a Mexican SAPI entity for the joint venture, and also provided legal counsel for joint venture with Base in Brazil
- Jawbone: handled several distribution agreements in Brazil
- glu mobile: negotiated most of the mobile games download deals with many of the largest wireless carriers in Latin America, many of which are affiliates of América Movil
- Logitech Inc.: developed international warranty for use throughout world; completed a Latin American warranty spreadsheet to ensure compliance, esp. Brazil and Mexico, and reviewed Canadian and provincial warranty requirements.
- Symantec Corp.: did survey in 25 Latin American countries on whether automatic renewal, and charging a customer’s credit card is permissible for annual antivirus online subscription.
- Handled worldwide and Latin America-wide product recalls for two major Northern California consumer electronics companies.
- Negotiated a vendor deal for Colombian chocolate manufacturer to be able to offer its product at Trader Joe’s; all client contact in Spanish.
- BSA: Managed 15 years of copyright (and trademark) enforcement anti-piracy programs overseas for this important trade association for the computer software industry, as well as similar programs for AAP and for major software and games publishers
INTELLECTUAL PROPERTY & COPYRIGHT
- lynda.com: Advise Content group, responsible for content for training videos for leading video training library and website, on copyright, trademark and publicity rights issues
- lynda.com: Manage antipiracy matters including winning UDRP action to seize domain name from internet pirate. Achieved various takedowns under DMCA, including removal of 13 courses that plagiarized/infringed lynda.com courses from Udemy.com, and takedown of lyndapakistan.com pirate website.
- Handled IP due diligence in a large number of acquisitions and dispositions, most recently for the acquisition of all assets of a Hong Kong and California-based webhosting company by a large Massachusetts-based company that has been acquiring numerous webhosting companies.
- eSalon.com, advised this leading online hair color/products website on a variety of intellectual property issues, including defamation and trade libel, cyberstalking, copyright liability.
- Managed overseas antipiracy (copyright enforcement) programs for three of the world’s major copyright-based trade associations, Business Software Alliance, Association of American Publishers, and Interactive Digital Software Association, the precursor of the Entertainment Software Association.