Our lawyers are leaders in addressing the fast-moving legal issues presented by new technologies and routinely guide our clients through unfamiliar digital terrain. Our work in this area includes cloud computing transactions, large-scale ERP acquisitions and systems integration agreements, traditional software licensing and professional services arrangements with vendors of all sizes, open-source software, big data services, IT security and a wide range of intellectual property and technology development matters. Our team includes our award-winning privacy and cybersecurity practice, allowing us to deploy integrated working groups to solve the most complex issues associated with data-heavy transactions. We also are closely linked to our retail and consumer products, financial services and energy industry groups and have deep knowledge of the vendors who serve those industries and their key products.

Cloud

While the underlying concept of the cloud has been around for more than a decade, the technology exploded into the mainstream several years ago and is growing rapidly. The recent spike in the uses of cloud technology shows the many potential benefits that the cloud promises to the enterprise, including elimination or reduction of capital expenditures, reduced administrative costs and other burdens, speed of implementation, improved resource utilization, economies of scale, scalability on demand, quick access to the latest technology, as well as many other advantages. Despite these potential benefits, there are important issues businesses must address before transferring vital business applications and data to the cloud. For example, buyers must understand which cloud services easily integrate with (and unplug from) their current and planned infrastructures; how complex pricing models work in practice; what service level guarantees are being offered; and where their data is being collected, used and stored.

Our lawyers can help navigate these issues and have negotiated numerous cloud transactions around the world, including advising on particular risks associated with cloud applications. For example, privacy, information management and data security strategies are key components of almost every cloud transaction and, in some cases, require creative approaches that actually do not involve the cloud provider, such as limiting the types of data processed in the cloud. We understand these complexities and have extensive experience negotiating with the major cloud vendors, including Amazon, Google, Microsoft, Salesforce.com, IBM, Oracle, Rackspace, SAP, AT&T and Workday, as well as many others.

Software Licensing, System Development & Integration 

Our team has deep experience in acquiring all the software, hardware, networking, and other services that are the building blocks of enterprise information technology services. Over the past 25 years, we have helped our clients negotiate successfully with almost every major vendor relevant to IT operations, practically applying our experience to get good deals done. We have built a flexible team that allows us to support the day-to-day contracting needs of our clients efficiently, while at the same time delivering high-value experience to larger, more complex transactions when needed. 

With the ever-increasing scrutiny on the bottom line, our clients constantly seek new revenues, savings and efficiencies across their enterprises. Large companies, in particular, are turning to sophisticated technologies, including enterprise resource planning (ERP) and other complex IT systems, to help them achieve these goals. We have advised on numerous high-value systems integration projects involving the major ERP systems (including SAP, Oracle and Microsoft in both on-premises and cloud configurations) and systems integrators. We work closely with clients on every phase of these transactions, including building the RFP for integration services, initial structuring of the transaction, negotiating the contracts, assisting in developing ongoing governance strategies, advising with respect to ongoing management issues, resolution of disputes and contract renegotiations, renewals and terminations.

Big Data Services

Our lawyers assist clients in addressing the complex issues and challenges that commonly arise in the context of big data, including the re-combination and re-use of personal data for new purposes, data analytics, research and marketing. For example, we have advised a leading Internet provider and high-tech company on compliance issues relating to the provision of big data processing services to customers, and the need for appropriate protections and compliance safeguards. We also work with companies on the deployment of big data analytics tools, focusing on the challenges of using data that has been acquired from third parties. We help companies understand the use of data analytics and risks associated with the use of data, and advise on any resulting privacy and cybersecurity issues.

Our firm has significant strength in this area through our Centre for Information Policy Leadership (CIPL), a think tank that provides strategic leadership and consulting on all aspects of global information policy, privacy and security. For more on how CIPL helps shape policy and its current projects, click here.

Managed Security Services

Cyber threats to the enterprise multiply daily and a single security failure can be catastrophic. To effectively respond to these threats, many enterprises contract with a range of service providers — from legacy giants like IBM to a host of emerging companies — for managed security services. These services often take the form of a cloud-hosted solution, backed by human analysts and powerful data analytics, and are constantly evolving as new threats emerge and providers acquire and integrate new solutions. Our technology, cybersecurity, data protection and cyber insurance lawyers work together to help our clients analyze their risks, contract for responsive solutions and address insurance issues that are increasingly important to a complete risk-management approach.

Technology Development Ventures

New technologies often require extensive collaborations to develop and bring them to market. Our lawyers blend the transactional, technology and intellectual property experience necessary to navigate these complex transactions. We have helped our clients build and market new digital products and services and high-tech consumer products through joint development arrangements that span the globe. These transactions have involved all the complexities of cross-border teaming agreements, joint venture vehicles, asset contribution agreements, IP licensing schemes, debt and equity investments, marketing, distribution and supply agreements, vendor management and employment matters, and many other aspects of standing up and operating new venture through all phases of maturity. 

Open Source

Open source is one of the most misunderstood, but important, developments in the technology world. While sometimes presenting unique intellectual property and other issues, the open source development and distribution model has developed into a material portion of the software industry and a valuable source of free or low-cost software for everyone from start-up companies to Fortune 500 global enterprises. Hunton Andrews Kurth is experienced in issues surrounding open source software and “open” models of software distribution and development. Lawyers at our firm have advised large corporate users of open source software regarding its impact on their software development, use and distribution practices, and intellectual property portfolio.