Information and Technology Transactions

Overview

Honigman’s Information and Technology Transactions Practice Group assists our clients in structuring contractual relationships that meet their particular business, legal and regulatory needs, especially when technology is a significant component of business operations. Our Information Technology attorneys represent clients in many industries, including automotive, manufacturing, health care, life sciences, retail and financial services. Our clients also include vendors of information technology services and solutions.

Our core services include:

Software licensing and software-as-a-service (SaaS) agreements – We routinely represent clients in licensing and SaaS matters, ranging from the simple to the complex, and we have deep experience with many leading vendors and service providers. Our approach is practical and focused on the client’s business objectives while maintaining consistency with all applicable legal and regulatory requirements and guidance with a particular emphasis on information security and privacy issues.  

Software development and implementation - Honigman advises clients on a wide array of software development and system acquisition and implementation projects, including enterprise-wide software licensing and implementation projects, the development of critical proprietary system development projects and major system integration projects. 

IT and business process outsourcing – Our attorneys have significant experience representing both customers and vendors throughout the life cycle of information technology and business process outsourcing transactions. We assist clients in the development and documentation of their business strategy and goals, preparation of Request for Proposal (RFP) materials and the management of the RFP process; evaluation and selection of vendors; and contract negotiations. After a contract has been signed, we assist clients with ongoing vendor and contract management and formal and informal dispute resolution.  

Internet/e-commerce – We regularly represent clients with regard to their on-line business presence and operations, and issues that arise when conducting business electronically and over the Internet. Honigman counsels clients on complying with applicable laws and regulations, including privacy and information security. We negotiate and draft a wide variety of e-commerce agreements, including website hosting and development, advertising, marketing, fulfillment services and related agreements. We assist clients in policing the Internet and identifying and prosecuting domain name, trademark, copyright and patent infringement matters.

Data privacy and security – Privacy, data security and compliance with an evolving and complex global regulatory framework is a major issue facing businesses. Honigman’s Information Technology attorneys work with clients and help them navigate the laws and regulations protecting personal information and privacy rights. We assist clients in the development of privacy and data management policies; respond to security incidents arising from hacking and unauthorized access to computer systems; and structure contractual relationships with service providers to comply with applicable domestic and foreign laws. 

M&A transactions – Working together with our M&A and Private Equity attorneys, our Information Technology lawyers have deep experience in business acquisitions and divestitures involving technology companies. Our lawyers also focus on structuring and negotiating transition services agreements for information technology and other business-critical services.

Representative Matters

  • Advised a global diversified industrial company with respect to the re-negotiation of a worldwide information technology outsourcing agreement with a contract value in excess of $41 billion
  • Represented a financial institution with respect to the licensing, development and implementation of a proprietary loan origination and servicing software application
  • Assisted an automotive finance company with respect to the licensing and implementation of multiple software applications and systems used to document and service wholesale and retail loan portfolios
  • Advised a leading healthcare service provider with respect to the development of a proprietary software application used to manage medical records, medical test data and third-party reimbursement activities
  • Represented global manufacturing companies with regard to the licensing and deployment of cloud-based business application and compliance with US and international data protection laws and regulations
  • Assisted a multi-national Tier 1 automotive supplier outsourcing its global IT functions, including application development and maintenance, data center services, telecommunications network management services, non-production procurement services, and finance and accounting services
  • Represented a multi-national Tier 1 automotive supplier in connection with structuring transition service agreements to provide for the continued provision of back office and IT services to multiple plants and subsidiaries of the supplier that were divested
  • Advised a global automotive OEM in a series of acquisition and divestitures of brands and business operations, including structuring transaction services and other commercial agreements for the continued supply of information technology services, business process services and contract manufacturing services
  • Assisted a global manufacturer of pump systems, fluid filtration devices and air handling systems in a global PeopleSoft implementation
  • Represented a multi-national Tier 1 automotive supplier in restructuring its strategic enterprise-wide information technology and business process outsourcing contracts
  • Assisted a multi-national Tier 1 automotive supplier in negotiation of an IT outsourcing agreement for the provision of services in over 20 countries
  • Represented a multi-national Tier 1 automotive supplier in connection with its acquisition of voice and data communications services on a global basis
  • Advised manufacturers in connection with the termination of outsourcing agreements with troubled service providers and the transition to new service providers
  • Represented a leading global technology services provider in negotiating a series of outsourcing agreements with an automotive OEM with a combined contract value in excess of $700 million
  • Assisted manufacturing companies in connection with the competitive bidding process for ERP software licensing and implementation by the successful bidder
  • Advised global health care product manufacturing company in global Sap implementation
  • Represented laboratory company in the development of proprietary software tool for use in ordering, labeling and reporting on laboratory testing for health care system clients
  • Assisted leading provider of disease management systems in connection with VAR agreements and agreements with health care systems
  • Represented health care systems in connection with outsourcing of information technology staff and systems
  • Represented health care systems in connection with transition service agreements for information technology services in connection with divestitures and acquisitions
  • Purchased service arrangements between health care systems for information technology services
  • Negotiated system-wide health information technology contracts for multi-hospital health care systems

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