Technology, Media &

“The firm displays high grade industry and functional knowhow. That, coupled with legal experience, was the most differentiating factor between Sutherland and other firms.” – From Chambers USA 2016

Sutherland guides and advises established leaders and new entrants in the technology, media and telecommunications (TMT) industries in their most important transactions.

Our TMT clients are sophisticated innovators and dealmakers who demand creativity, flexibility, differentiated advice, and disciplined and nimble execution from their legal counsel. We represent companies of all sizes, from promising start-ups to established domestic and international companies. Our clients include software companies; business-to-business (B2B), business-to-consumer (B2C), software as a service (SAAS), data analytics and infrastructure businesses; television and radio broadcasters; cable and broadband companies; telecommunications companies; media and entertainment companies; and content providers, game developers, hardware manufacturers and electronics companies. We also advise the institutional, venture capital, private equity, and individual investors and lenders who invest in, buy, sell and finance TMT businesses.

Our deep industry knowledge and extensive transactional experience allow us to offer our clients the pragmatic and creative solutions they require.

Our multidisciplinary TMT practice includes transactional, intellectual property, financing, tax, employment and litigation attorneys who advise clients through all phases of the business lifecycle, including initial research and development, business capitalization, rapid expansion, intellectual property rights licensing, prosecution and litigation, antitrust and marketing compliance, talent acquisition and retention, private and public offerings, financings and mergers, acquisitions, joint ventures, divestitures and sales. Many of our clients are in businesses that are regulated by the Federal Communications Commission and other government agencies. We are sensitive to the relationship between the regulatory environment and our clients’ fast-changing businesses, and we work with our own regulatory lawyers and other regulatory advisers with whom we have deep and longstanding relationships to navigate these complex issues.

Why Sutherland

Client-focused and directed. We go beyond legal issues to partner with our clients to achieve their objectives and resolve their business issues.

Collaborative approach. With dedicated client teams, our attorneys take pride in our collaborative approach to client service.

Deep industry knowledge. Our attorneys have significant knowledge of the TMT sector and include nationally recognized leaders and pioneers in the sector. We have partners who have served in the executive suite and in leading business development roles in the TMT sector, which allow them to bring an unmatched business perspective to transactions. With a presence in major markets, a comprehensive, transaction-oriented legal services platform, and a deep understanding of the business and legal issues facing TMT businesses, Sutherland works with TMT clients to anticipate industry developments and formulate strategic responses.

Significant transactions. Our TMT attorneys advise clients in their most important and most sophisticated transactions, including mergers, acquisitions, divestitures, tax-advantaged transactions, financings and joint ventures, and related IP licensing, outsourcing agreements, content distribution arrangements, transition services, employment arrangements and restrictive covenants.

Intellectual property know-how. Many of our IP attorneys hold advanced technical degrees and spent years in the information technology field before joining Sutherland. Our transactional IP attorneys advise on transactions involving numerous technologies, including hardware, software and networks, computer-based business methods, optical fiber devices and networks, wireless and wireline communications devices and systems, consumer products, display systems, image processing, integrated circuit design, semiconductor devices and fabrication techniques, microelectromechanical systems, bioinformatics and power systems.

Tax strength. With more than 100 attorneys and clients that include 35 of the Fortune 100 businesses, our renowned tax practice helps clients structure transactions and develop strategies to minimize federal, state, local and foreign taxes for deals involving stock and asset acquisitions and dispositions, reorganizations, liquidations, distributions and affiliated group transactions, as well as spin-offs, split-offs, leveraged partnerships, recapitalizations and other tax-advantaged transactions.

Dedicated client teams. We use dedicated client teams headed by senior members of our TMT practice to implement an integrated approach to each client project. Each client team includes attorneys whose practices are relevant to the project at hand. As a result, our client teams provide our clients with exceptional service.

Nuts and Bolts

Sutherland guides our TMT clients through a wide range of issues, including:

  • Corporate transactions
    • Mergers, acquisitions, dispositions and joint ventures
      • Acquisitions, including leveraged buyouts and management buyouts
      • New business platform development
      • Strategic asset sales and other dispositions
      • Liquidity events
      • Operational and strategic joint ventures, tax-advantaged partnerships and recapitalizations
    • Technology joint ventures
    • Minority Investing
      • Investments by strategic investors and angel, venture capital and private equity funds
    • Equity capital raises
    • Financing
      • Debt and equity financing
      • Preferred stock offerings
      • IPOs
      • Syndicated lending transactions
  • Content and other intellectual property
    • Content development and licensing and related transactions
    • Patent, trademark and copyright portfolio development, counseling and strategy
    • Licensing and technology transfer transactions
    • Litigation, including multi-patent, multidistrict disputes
    • Trade secrets misuse and unfair competition counseling and disputes
    • Research and development agreements
    • Trial agreements
  • Tax
    • Planning opportunities
    • Financial statement issues
  • Outsourcing and procurement
    • Negotiation strategies and development and implementation of tactical plans
    • Business, services and software solution procurement
    • Software compliance audits, privacy and security and software as a service (SAAS) transactions
  • Privacy and data security
    • Discovery, construction, communication and evolution phases of privacy and information security program development.
    • Crisis response concerning actual and potential security breaches
    • Federal, state and foreign law compliance obligations
    • International data transfer requirements and counseling
    • Federal and state compliance
  • Employment and compensation
    • Phantom and real equity benefits
    • Confidentiality and restricted covenant agreements and their enforcement
    • Classification of employees and independent contractors

Take Action

Businesses in the technology, media and telecommunications sector turn to Sutherland to successfully develop and interpret market intelligence, pursue opportunities, confront challenges, and develop and implement actionable risk evaluation, downside protection strategies and tax-efficient structuring.

Selected Experience

    Our Story

    Sutherland Asbill & Brennan LLP is an international law firm helping the Fortune 100, industry leaders, sector innovators and business entrepreneurs solve their biggest challenges and reach their business goals. Dedicated to unfaltering excellence in client service, we are known for our business savvy and industry intelligence, providing creative and custom solutions for each of our clients. Industry and business experience makes the difference for our clients.

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