Peter Quittmeyer is a member of Sutherland’s Corporate Practice Group, with most of his work being conducted through the Outsourcing and Software Systems Acquisition/Implementation Team. Peter is one of the pioneers in the field of software licensing and computer law and is nationally recognized for his work with technology transactions, including outsourcing and service transactions, domestic and international licensing and distribution, asset transfers, and software disputes. His practice includes both transactions and client counseling.
Peter focuses on procurement, “supply chain” and e-commerce, including manufacturing, supply, distribution, web marketing and compliance. He is the principal author of one of the leading treatises in the field of computers, software, and information technology, published by the West Group. Peter has conducted mergers and acquisitions, ranging from small to multi-billion dollar transactions, and venture capital transactions on both the issuer and investor side, primarily involving technology-based and biotech businesses.
He has, for several decades, been a leading authority on Georgia’s no-compete and trade secret laws. Peter also has expertise regarding trade practices in the software industry in several litigation matters.
Peter has served as adjunct professor for the Computer Law Seminar at Emory University Law School (spring 1996, 1998, 2000), as lecturer for the Licensing Seminar at Emory University Law School (spring 1997), as lecturer in Intellectual Property for the Erasmus University Executive MBA Program at Georgia State University (June 1996), and contributor to the Entrepreneurship Seminar of the MBA Program of Georgia Institute of Technology (fall 1999).
REPRESENTATIVE EXPERIENCE Peter’s experience includes:
- Providing complex procurement, including licensing from SAP, Oracle, IBM, ACS, Computer Associates and others.
- Structuring and carrying out requests for proposal (RFPs) and requests for information (RFIs).
- Conducting software compliance audits including single-vendor audits, and claims asserted by software owners’ “watchdog” groups, such as the Business Software Alliance (BSA) and the Software Publishers Association (SPA).
- Advising clients regarding privacy and security, including responses to security intrusions or violations such as “hacking” incidents.
- Structuring “clean room” development projects for reverse-engineering commercially available software.
- Advising clients on software-as-a-service (SaaS), application service provider (ASP), and “hosted” service transactions; data warehouse transactions; domestic and foreign application development and maintenance; system integration contracts; and enterprise resource planning (ERP) solutions.
- Advising clients on “open source” software, including “open source” management systems.
- Advising “supply chain” clients on foreign and domestic manufacturing, franchise, agency, license and distribution agreements, “click-wrap” and “browse-wrap” contracting, e-commerce transactions, private-label programs, and rebate and incentive programs.
- Assisting clients with transition service agreements and technology transfer in connection with acquisitions, divestitures, and corporate restructuring.
- Providing litigation support, including assessment of Uniform Commercial Code (UCC) Article 2 claims, breach of contract, product liability, breach of privacy or security, document retention, and compliance with “open source” license requirements.
- Serving as a trial expert on trade practices in the software industry, Bouygues Telecom, S.A. v. Tekelec, Case 4:05-cv-00078-FL (E.D. N.C. Jan. 26, 2007).
- Structuring service projects involving large-scale use of professional services, including implementation, conversion, migration, and outsourcing transactions.
- Helping clients deal with financially troubled technology vendors.
PROFESSIONAL AND COMMUNITY INVOLVEMENT
- Georgia Special Assistant Attorney General (SAAG), Georgia Technology Authority (2002–2003)
- First Vice-Chairman and General Counsel of the Arthritis Foundation, Georgia Chapter (2006–2008)
- Member, Board of Directors, Community Life Concepts, Inc. (2005–2009)
RECENT PUBLICATIONS AND SPEAKING ENGAGEMENTS
- Primary Author, Computer Software Agreements: Forms and Commentary, West Group, 1987–current (3d edition with annual supplements)
- Speaker, SaaScon 2008 (March 25, 2008)
- Speaker, 2006 China IT Summit (November 2–3, 2006)
- Speaker, “Filling in the Holes: Implied Rights and Obligations in Software Transactions,” Springposium, IP Section, State Bar of Georgia, Brasstown Valley Resort, Georgia (April 28–30, 2006)
- Joint Speaker, “Fundamentals in IP Licensing,” IP Section, State Bar of Georgia (March 22, 2006)
- Panel Presentation, “Lessons on International Licensing,” 17th Annual Southern Regional Entertainment & Sports Law Conference (June 19–22, 2005); 11th Annual Intellectual Property Law Institute, Puerto Rico (November 10–14, 2005)
- Panel Presentation, Technology Licensing, Springposium, IP Section, State Bar of Georgia, Chateau Elan Resort, Georgia (April 29–May 1, 2005)
- Panel Presentation, “Advanced Intellectual Property Licensing,” 16th Annual Southern Regional Entertainment and Sports Law (2004); 10th Annual Intellectual Property Law Institute, Cabo San Lucas, Mexico (November 12–16, 2004)
- Speaker, “Basic Principles of Software Licensing,” Understanding the Intellectual Property License, Practicing Law Institute (January 2004)
- Speaker, “New Media Licensing—Select Licensing Issues,” 15th Annual Southern Regional Entertainment & Sports Law Conference (2003); 9th Annual Intellectual Property Law Institute, Jamaica (November 13–17, 2003)
- Speaker, “Basic Principles of Software Licensing,” Understanding the Intellectual Property License, Practicing Law Institute (January 16–17, 2003)
- Speaker, “Strong Arm Tactics in Procurement,” 17th Annual Technology Law Institute, Technology Law Section, State Bar of Georgia (October 3–4 2002)
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