Does your client need to acquire rights to certain intellectual property (IP), e.g., someone else’s invention or copyrighted work? Licensing IP, rather than purchasing, can be advantageous in many circumstances, but there can be drawbacks as well. Before advising a client to enter into an IP license agreement, consider whether it makes sense given the client’s business needs.
When clients come to you to set up a joint venture, they’re often excited and focused on the big picture. You need to be the details person, and maybe a bit of a wet blanket. Continue reading
Although federal and state corporation, securities, antitrust, and tax laws governing mergers and acquisitions (M&A) are complex and nuanced, and the structure of a given transaction is usually driven by tax and securities considerations that aren’t within intellectual property counsel’s control, it’s useful for intellectual property lawyers to know the basic structures of these deals and the impact on the intellectual property provisions in the agreement. Here’s a crash course on basic types of M&A agreements. Continue reading
Despite Zuckerman’s decision to go it alone on the Instagram deal, intellectual property counsel play an increasingly important role in mergers and acquisitions (M&A). M&A used to be the domain of corporate lawyers, and corporate lawyers still typically lead M&A transaction teams, but it’s now common to see intellectual property counsel from both sides working as part of the team to draft and negotiate the intellectual property aspects of the agreement. That is as it should be. Continue reading