As the pace of technology speeds up and as the world of e-commerce and electronic payments changes with it, our lawyers partner with clients in order to anticipate and adapt to changes in this fast-growing industry.
Our E-Commerce Transactions Team
We represent some of the largest players in the payment processing industry. They come to us when they need to develop a joint venture or a strategic relationship, to acquire or sell a business, to capitalize upon their inventions or to bring a product to market because we know the industry and the pertinent legal and business issues. We understand how payment systems work, the interplay of law and card association rules when structuring a transaction or business relationship, the importance of Payment Card Industry compliance, and the overlay of intellectual property rights in the electronic payments world. It is this kind of highly relevant, industry-specific advice that we bring to every engagement.
Our E-Commerce and E-Payments Services
- M&A transactions involving purchases and sales of payments-related businesses and networks.
- Purchases and sales of portfolios of credit card processing contracts and related assets.
- Joint ventures and other strategic relationships involving parties engaged in the payment card industry, including referral arrangements among financial institutions, payment processors and independent sales organizations.
- Analysis of issues related to the introduction of new types of payment products.
- Advice on card association rules and compliance issues.
- Implementation of mobile commerce products and services, including establishing relationships among application and infrastructure partners necessary to implement m-commerce products and services.
- Sophisticated technology and intellectual property licensing arrangements.
- Substantial familiarity with the patent and intellectual property landscape related to payment cards, electronic payments and related financial services products.
- Analysis of issues and implementation of solutions related to stored value cards, including structuring arrangements to address “breakage.”
- Prosecution and litigation of patents and other intellectual property used in payment card and payment network applications.
- Advice on the implication of banking and financial services laws and regulations to bank and non-bank financial services companies.
Helping the “Mobile Wallet” Take Shape
As mobile commerce and the “mobile wallet” gain traction across the United States, and as people become accustomed to making purchases via their cell phones, Sutherland is helping its clients obtain and use the technology they need to make m-commerce systems work. Working closely with our intellectual property group, our e-commerce lawyers are paving the way for our payment processor clients to gain and keep market share in this new industry segment.
Our M-Commerce Services
- Structuring and negotiating customer and supplier m-commerce transactions, including:
- joint marketing agreements
- carrier agreements
- software acquisition and implementation agreements
- manufacture and supply agreements
- infrastructure outsourcing agreements
- payment processing agreements
- financial institution and network agreements
- Developing customer and supplier agreement forms for m-commerce solution providers.
- Providing legal staff augmentation/subject matter experience in the areas of e-commerce and electronic payments, infrastructure outsourcing and software acquisition and implementation, intellectual property and telecommunications.
Technology Transactions
We represent companies of all sizes—from promising start-ups to established domestic and international companies—in a wide range of high-tech industries such as hardware and software, Internet technologies, multimedia and telecommunications, among others.
Our technology industry experience includes the following:
- Capital formation and initial financing of technology businesses, including angel and venture funding.
- Capital raising, mergers and acquisitions, IPOs and securities compliance.
- Outsourcing of IT and related computer/data services.
- Employment agreements, confidentiality agreements and stock option plans.
- Licensing and other transfer of technology.
- Development, manufacturing and sale, whether individually or with others, of new technology and products.
- Technology joint ventures and research and development agreements.
- Source code escrow agreements.
- Protection of intellectual property rights.
Our role as a legal and business adviser is to support the growth of our clients. This approach means that we get deals done. We have served as primary counsel in many M&A deals, venture financings, private placements and IPOs for tech companies. We help our clients understand the deal and its risks from a legal perspective, and then work to close the transaction quickly.
For more information on our E-Commerce and Electronic Payments practice, click here.
© 2010 Sutherland Asbill & Brennan LLP