IT, Software & Internet

Willkie has extensive experience in the area of IT, software and technology, representing computer and software companies around the world in all stages of their life cycles – investment, M&A, IP and litigation.

Willkie has extensive experience in the area of IT, software and technology, representing computer and software companies around the world in all stages of their life cycles – investment, M&A, IP and litigation. 

Capital Markets

  • Delivery Hero: Represented Insight Venture Partners in connection with Delivery Hero AG’s $1.1 billion IPO.

    FIS: Represented FIS in its approximately $2.9 billion multi-tranche senior notes offering and concurrent tender offers.

    FIS: Represented FIS in a $2.5 billion public debt offering.  

    iPayment: Represented iPayment in its $175 million 144A offering of 10.75% Senior Secured Second Lien Notes Due 2024.

    nCino, Inc.: Represented Insight Partners affiliates as selling stockholders in nCino’s $555 million secondary public offering of common stock (NASDAQ: NCNO).

    Nomura International plc: Represented Nomura in the bond issue by KfW, a German government-owned development bank based in Frankfurt. The option was to exchange the bond into shares of Bonn-based Deutsche Post AG, successor to the German mail authority Deutsche Bundespost.

    Tenable: Represented Insight Partners in its $294 million secondary offering of 9.2 million shares of common stock of Tenable Holdings (Nasdaq: TENB).

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Finance

  •  iPayment: Advised iPayment Holdings, Inc. and iPayment, Inc. in connection with a comprehensive refinancing, including a $350 million senior secured first lien credit facility.

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Intellectual Property

  • A Semiconductor Manufacturer: Successfully defended a semiconductor manufacturer in an ITC investigation that was one of many federal court and ITC actions by the patent holder against the industry. Following a one-week hearing, the judge issued an initial determination for the manufacturer that found the asserted patent invalid, unenforceable and not infringed. After the Commission affirmed the initial determination, the patent holder discontinued its ITC case and withdrew its parallel infringement case in federal district court.

    An Electronics Company: Successfully represented a major electronics company in two cases in federal district court in asserting its patents relating to a fundamental integrated circuit communication protocol against seven major chip manufacturers. Both cases settled, with the client receiving tens of millions of dollars in past damages and licensing fees going forward.

    Bloomberg L.P., F.A.O. Schwarz, Medassets and Other Internet Clients: Drafted and negotiated complex Internet agreements for these and various additional clients involving linking, co-branding, framing, and Web page hosting, as well as the delivery of electronic content via cable systems, satellite, cable modems, and DSL. We also routinely develop general terms of service for clients’ Web sites and advise clients on various Internet law issues, such as the enforceability of click-wrap, shrink-wrap and browse-wrap licenses; online copyright issues and the Digital Millennium Copyright Act; Internet content regulation; online defamation; digital signatures; and export controls on encryption software.

    Bloomberg, L.P./IBM: Negotiated a master relationship agreement between Bloomberg and IBM concerning development of a platform compatible with a bulk market data delivery system. 

    Philips Semiconductors: Successfully represented Philips in enforcing patents forming the basis for a successful licensing program covering an industry standard for communication between integrated circuit chips.

    RealTime Data LLC v. Bloomberg LLP et al.: Represented Bloomberg LLP in defending a patent infringement action alleging that Bloomberg’s trading systems use infringing data compression algorithms. Successfully obtained transfer of action from Eastern District of Texas to Southern District of New York, and stay of action at close of expert discovery to allow related actions against stock exchanges to proceed to trial first.

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Litigation

  • Facebook, Inc.: Serving as co-lead counsel to Facebook and its directors and officers in nationwide litigation arising out of Facebook’s May 18, 2012 initial public offering. In 2013, shareholder derivative actions that had been brought against the company and its Board of Directors following the company’s IPO were dismissed.

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Mergers & Acquisitions, PE & VC Investments, Joint Ventures and Other Business Combinations

  • A2iA/Mitek: Represented A2iA in connection with its acquisition by Mitek, a global leader in digital identity verification solutions.

    A Place for Mom/General Atlantic and Silver Lake/Warburg Pincus: Represented A Place for Mom, North America's largest network connecting families to senior living service providers, in its acquisition by private equity firms Silver Lake and General Atlantic from Warburg Pincus.

    Acumatica/EQT: Represented U.S. cloud-based software vendor Acumatica in its sale to EQT.

    Affinitiv, Inc./Loop LLC: Represented Affinitiv, Inc., a portfolio company of CIP Capital, in its merger with Loop LLC (dba AutoLoop), creating the largest provider of data-driven marketing and software solutions exclusively focused on the automotive customer lifecycle.

    Alpega Group/wtransnet: Represented Alpega Group, a leading global logistics software company based in Belgium, in its acquisition of wtransnet, the leading freight exchange in Spain and Portugal.

    Anaqua/Astorg: Represented Anaqua, the leading provider of innovation and IP management, in its sale to Astorg, a leading European private equity firm. 

    Appriss/The Retail Equation: Represented Appriss Inc., a leading provider of data, risk assessment and analytic solutions for government, health information and the consumer industries, in its acquisition of The Retail Equation, a provider of predictive analytics for retail businesses.

    Aquiline Capital Partners/Fenergo: Advised Aquiline Capital Partners in an investment in Fenergo, the leading provider of client lifecycle management software solutions for investment banks, capital market firms and private banks.

    Aquiline Capital Partners/OmegaFi: Represented Aquiline Capital Partners in its investment in OmegaFi, the leading provider of financial, membership management, and fundraising software and support solutions for college fraternities and sororities across the United States.

    Aquiline Capital Partners/OSG Billing Services: Represented Aquiline Capital Partners in its acquisition of OSG Billing Services to create an omni-channel customer communications hub.

    Aquiline Capital Partners/Stone Point Capital/Consilio/Xact Data Discovery: Represented Aquiline Capital Partners in its acquisition of Xact Data Discovery, and the subsequent merger of eDiscovery companies Xact and Consilio.

    Aquiline Capital Partners/SurePoint Technologies: Represented Aquiline in its investment in SurePoint Technologies.

    Aquiline Capital Partners/Togetherwork/GI Partners: Represented Aquiline Capital Partners and Togetherwork on the sale of group management software and payments provider Togetherwork to GI Partners. 

    Ardian/Chal-Tec GmbH: Represented Ardian in its investment in Chal-Tec GmbH, a Berlin-based e-commerce company.

    Ardian/Gantner: Represented Ardian in its acquisition of Gantner, the leading international manufacturer of contactless NFC access control, electronic locking and cashless payment applications for the global leisure industry.

    Asset International/Market Metrics, Matrix Solutions: Represented Genstar Capital portfolio company Asset International in its acquisition of Market Metrics and Matrix Solutions from FactSet.

    Axiom/Permira: Represented management of Axiom, the global leader in specialized on-demand legal talent, in a strategic investment from Permira funds.

    BISAM/Aquiline Capital Partners/FactSet: Advised BISAM Technologies S.A. and the sellers, led by Aquiline Capital Partners, in their agreement to sell BISAM to FactSet for $205.2 million.

    Bridge Growth Partners: Represented Bridge Growth Partners, LLC in the following transactions:

    • BackOffice Associates: Represented Bridge Growth Partners in its majority equity investment in BackOffice Associates, the worldwide leader in information governance, data stewardship, and data migration solutions. 
    • CRGT/Salient: Represented Bridge Growth Partners and CRGT in the merger of CRGT and Salient Federal Solutions, Inc. 
    • Finalsite: Represented Bridge Growth Partners in its acquisition of Finalsite, a leading SaaS-based learning and communications platform for U.S. and international schools.
    • Salient CRGT/Information Innovators: Represented Bridge Growth Partners and Salient CRGT in Salient CRGT’s acquisition of Information Innovators, Inc.  
    • Solace Systems: Represented Bridge Growth Partners in its acquisition of a majority interest in Solace Systems, Inc., a leading provider of infrastructure messaging technology.

    Bullhorn/Erecruit: Represented global staffing software provider Bullhorn in its acquisition of Erecruit.

    Bynder/Shutterstock Inc./Webdam: Represented Bynder in its acquisition of Shutterstock's digital asset management business Webdam for $49.1 million.  

    Campaign Monitor/Selligent/HGGC: Represented Insight Partners portfolio company Campaign Monitor, on its acquisition of Selligent Holdings Limited, a B2C marketing automation platform, from HGGC.

    Castik Capital/inet, GmbH Austria: Represented Castik Capital in the acquisition (by funds advised by Castik Capital) of a majority stake in inet, GmbH Austria, an SaaS provider of transportation management systems, from the international transportation and logistics company Gebrüder Weiss.

    Castik Capital/Transport Services Unit of Wolters Kluwer: Represented Castik Capital in its acquisition of the Brussels-based transport services unit of Wolters Kluwer, a leading player in transportation management software and freight exchange solutions.

    CIP Capital/People 2.0 Global: Represented CIP Capital in its acquisition of People 2.0 Global, LP, a leading business process outsourcer in the human capital services sector.

    CIP Capital/TPG Capital/P20 Global Holdings: Represented CIP Capital in its sale to an affiliate of TPG Capital of a majority of its interest in P20 Global Holdings, Inc., a leading provider of certain employer of record, payroll and benefits services.

    Cisco/ThousandEyes: Represented Cisco in its acquisition of cloud-activity monitoring software provider ThousandEyes Inc.

    Cisco/Voicea: Represented worldwide technology leader Cisco in its acquisition of Voicea, a privately held company focused on voice collaboration technology that leverages the power of AI.

    Cision Ltd./Platinum Equity: Served as financing legal counsel to Platinum Equity in its $2.74 billion acquisition of Cision Ltd.

    CNP/CLS: Represented Compagnie Nationale à Portefeuille (CNP) on the contemplated acquisition of Collecte Localisation Satellites (CLS), an international technology company specializing in providing high value-added solutions based on satellite data.

    Codere Online/DD3 Acquisition Corp./MG Capital: Represented MG Partners Multi-Strategy Fund LP as an investor in the PIPE transaction as part of Codere Online’s $350 million business combination with DD3 Acquisition Corp. II, a publicly-traded SPAC.

    Compliance Solutions Strategies/AMFINE: Represented CIP Capital portfolio company Compliance Solutions Strategies (CSS), a leading RegTech platform serving software clients in the financial services vertical, in its acquisition of AMFINE, a provider of SaaS-based regulatory reporting services to European asset managers, asset servicers and insurers.

    Conga/Novatus, ActionGrid, CRMCulture: Represented Conga, the leading provider of document and report generation solutions for Salesforce customers, in its acquisitions of Novatus, ActionGrid and CRMCulture.

    Covius/Chronos Solutions: Represented Covius, a portfolio company of Aquiline Capital Partners, in its acquisition of Chronos Solutions' credit, verification, REO and auction businesses.

    Diligent Corporation/Brainloop: Represented Diligent Corporation, a leader in enterprise governance, in its acquisition of Brainloop, a secure communication software provider.

    Diligent Corporation/Galvanize: Represented Diligent in its acquisition of Galvanize, a SaaS governance, risk, and compliance software provider.

    Diligent Corporation/Insight Partners/Clearlake Capital/Blackstone: Represented Diligent, a portfolio company of Insight Partners, in its investment from Clearlake Capital and Blackstone.

    Diligent Corporation/Steele Compliance Solutions: Represented Diligent in its acquisition of Steele Compliance Solutions, Inc., an ethics and compliance SaaS provider.

    Drillinginfo/Insight Venture Partners/Genstar Capital: Represented oil and gas data intelligence provider Drillinginfo, a portfolio company of Insight Venture Partners, in its sale to Genstar Capital.

    E2open/Amber Road: Represented E2open in its acquisition of global trade management software provider Amber Road for $425 million.

    E2open/CC Neuberger Principal Holdings I: Represented E2open in its$2.57 billion combination with special purpose acquisition company (SPAC) CC Neuberger Principal Holdings I, in which E2open will become a publicly traded company.

    E2open/INTTRA: Represented E2open in connection with the acquisition of ocean shipping network and software provider INTTRA.

    E2open/Orchestro: Represented E2open in its acquisition of Orchestro, the leading provider of demand signal repositories and preemptive analytics for retail and omni-channel fulfillment.

    E2open/Zyme: Represented E2open and Zyme, both portfolio companies of Insight Venture Partners, in E2open’s acquisition of Zyme, creating the world’s largest operating network for manufacturing, supply chain and sales operations.

    Elliott Management/SIGFOX: Advised Elliott Management as part of an investment group in a €150 million round of financing for French start-up SIGFOX, provider of a cellular network dedicated to the Internet of Things. The transaction was cited as the second-largest fundraising in France to date.

    Empower Retirement/Personal Capital: Represented digital wealth management company Personal Capital in its acquisition by Empower Retirement, one of the country’s largest retirement services providers.

    eVestment/Nasdaq/Insight Venture Partners: Represented eVestment, a global provider of institutional investment data intelligence and analytic solutions, in its $705 million sale from Insight Venture Partners to Nasdaq.  

    Fenergo/Insight Partners/Astorg/Bridgepoint: Represented Fenergo in its sale by Insight Partners to Astorg and Bridgepoint.

    FFL Partners/Laurel Solutions/Servelec Technologies: Represented FFL Partners, through its portfolio group Laurel Solutions, in the cross-border acquisition of Servelec Technologies, a market-leading UK provider of remote telemetry units, secure SCADA systems and business optimization software. 

    FFL Partners/Velocity Global/iWorkGlobal: Represented FFL Partners in its $100 million investment in Velocity Global, in connection with Velocity Global’s acquisition of global workforce management provider iWorkGlobal.

    Finalsite/School Website: Represented Finalsite, a Bridge Growth Partners portfolio company, in its acquisition of School Website, the largest SaaS-based CMS software provider to schools in the UK.

    FIS/Capco/CD&R: Represented FIS, a global leader in financial services technology, in its $477 million sale of a majority stake in Capco, its management consulting business, to private investment firm Clayton, Dubilier & Rice.

    FIS/Worldpay: Represented FIS in its $42 billion merger with Worldpay, Inc., the largest fintech deal ever.

    Five Arrows Principal Investments and IK Investment Partners/iad: Represented Five Arrows Principal Investments and IK Investment Partners on agreement for Insight Partners to invest in iad, the leading French digital network of real estate agents.

    Franklin Templeton/AdvisorEngine: Represented Franklin Templeton in the acquisition of AdvisorEngine Inc., a digital wealth platform and provider of technology and consulting services.

    Frontline Education/Thoma Bravo: Represented Frontline Education, an integrated insights partner serving more than 12,000 educational organizations across America, in its acquisition by Thoma Bravo, with Insight Venture Partners retaining a minority stake in the company.

    Gantner/Contidata: Represented Austrian high-tech company Gantner, an ARDIAN portfolio company, in its acquisition of Contidata, a German market leader for cashless payment systems in company canteens.

    Gantner/Syx Automations: Represented Ardian portfolio company Gantner Electronic Austria Holding GmbH in its acquisition of Syx Automations NV, creating a global provider of comprehensive access, billing and management systems for sport facilities, leisure centers and visitor attractions.

    Genstar Capital/IHS Inc.: Represented Genstar Capital in its acquisition of the Operational Excellence & Risk Management (OERM) business of IHS.

    Genstar Capital/OEConnection/Providence Equity Partners: Advised Genstar Capital in its acquisition of a majority stake in OEConnection, a leading automotive technology provider for original equipment manufacturer distribution networks, from funds advised by Providence Equity Partners.

    Genstar Capital/Sphera/Blackstone: Represented Sphera and Genstar in Genstar’s proposed $1.4 billion sale of Sphera, a leading provider of ESG software, data, and consulting services, to Blackstone.

    Hawaiian Telcom/Cincinnati Bell/Twin Haven: Represented Twin Haven Capital Partners, LLC, one of the largest stockholders of Hawaiian Telcom, in connection with the approximately $650 million pending merger of Hawaiian Telcom and Cincinnati Bell Inc.

    HBC/Insight Partners: Represented Insight Partners in its partnership with HBC to launch Saks as a standalone ecommerce business, and its $500 million minority equity investment in Saks.

    HealthEquity/Luum: Represented HealthEquity in its acquisition of Luum, a technology platform for employee commute management.

    Hudson’s Bay Company/Rhône Capital/WeWork/WeWork Property Advisors: Represented Hudson’s Bay Company in connection with (i) an equity investment by Rhône Capital of $500 million in the form of 8-year mandatory convertible preferred shares, (ii) its sale of the Lord & Taylor Fifth Avenue building to WeWork Property Advisors in a transaction valued at $850 million, and (iii) agreements with WeWork to lease retail space within select HBC department stores, including Galeria Kaufhof in Frankfurt (named “Private Equity Deal of the Year” at the 2018 IFLR Americas Awards).  

    HungerRush/OrdrAI: Represented HungerRush™, a CapStreet portfolio company, in its acquisition of OrdrAI™, a leading text and voice ordering provider for the restaurant industry.

    IK Investment Partners/Questel:  Represented IK Investment Partners in connection with its contemplated acquisition, through its IK VIII Fund, of a stake in Questel, a global leading provider of intellectual property information and management software and services.

    Illuminate Education/FastBridge Learning: Represented Illuminate Education, a portfolio company of Insight Partners, in its acquisition of FastBridge Learning.

    Insight Partners: Represented this leading private equity and venture capital firm in a number of transactions involving:

    • Ably Real-Time: Represented Insight Partners in connection with a $70 Million Series B funding round in Ably Real-Time, a data synchronization platform.
    • Appriss/Clearlake Capital: Represented Insight and Appriss on Clearlake Capital’s pending equity investment in Appriss.
    • Armis: Represented Insight in its acquisition of leading enterprise IoT security firm Armis for $1.1 billion.
    • BMC Software/KKR: Represented Insight as part of a private investor consortium in the sale of BMC Software to KKR.
    • CentralReach: Represented Insight in its significant investment in electronic health record and practice management provider CentralReach.
    • Checkmarx: Represented Insight in its sale of Checkmarx to Hellman & Friedman for $1.15 billion, the largest sale of an application security company to date.
    • commercetools: Represented Insight in its $145 million investment in Germany’s commercetools, a leader in next-generation commerce software.
    • Duco Technology/Nordic Capital: Represented Insight Partners and other sellers on the sale of Duco Technology Limited to Nordic Capital.
    • Episerver: Represented Insight in its $1.16 billion acquisition of Episerver, a leading marketing technology and digital commerce company.
    • Exclaimer Group: Represented Insight Partners in connection with its investment, with participation from Farview Equity Partners and existing investor Livingbridge, in Exclaimer Group, a UK-based provider of world-class email signature management solutions.
    • Fourth/HotSchedules: Represented Insight and Fourth in the hospitality technology merger of HotSchedules and Fourth, backed by Marlin Equity Partners and Insight.
    • Genesis Partners IV: Represented Insight in the acquisition of a majority of Israeli venture capital fund's Genesis Partners IV portfolio, which is focused on technology-driven companies.
    • GetFeedback/Campaign Monitor/SurveyMonkey: Represented Insight, GetFeedback and Campaign Monitor in the sale of GetFeedback to SurveyMonkey.
    • GraphPad: Represented Insight in its majority recapitalization of GraphPad Software, Inc., the premier provider of data analysis, statistics and graphing software solutions for scientific research applications.
    • Illuminate Education/SchoolCity/IO Education/Alpine Achievement: Represented Insight and Illuminate Education in Illuminate’s acquisition of SchoolCity, IO Education and Alpine Achievement.
    • Jama Software: Advised Insight in connection with a $200 million investment in Jama Software, a product development platform provider for companies building complex products and integrated systems.
    • Kinnser Software/Mediware: Represented Insight and Kinnser Software, Inc., the leading provider of software solutions for home health and hospice providers, in the sale of Kinnser to TPG Capital-backed Mediware Information Systems, Inc.
    • N26: Represented Insight in connection with a $300 million funding round for N26.
    • PayIt: Represented Insight in its investment in state and local government payment platform PayIt.
    • PDI: Represented Insight in its investment in PDI, a leading global provider of enterprise software solutions to the convenience retail, wholesale petroleum and logistics industries. 
    • Pollinate: Represented Insight Partners in connection with a $50 million funding round in Pollinate.
    • Property Brands: Represented Insight in its investment in Property Brands, a leading provider of property management technology solutions.
    • Recorded Future: Represented Insight in its acquisition of threat intelligence company Recorded Future for $780 million. 
    • Resolve Systems: Represented Insight in its acquisition of Resolve Systems, a leading enterprise security and IT incident response platform.
    • Stone Point Capital/CoreLogic: Represented Insight Partners in its acquisition with Stone Point Capital of real estate data firm CoreLogic for approximately $6 billion.
    • Tink: Represented Insight in its investment in open banking platform Tink. 
    • Tricentis: Represented Insight in its $165 million investment in Tricentis, a software testing company.
    • Veeam Software: Represented Insight and Veeam in a $500 million investment by Insight in Veeam and Insight's later acquisition of Veeam for $5 billion.
    • WorkForce Software/Evergreen Coast Capital: Represented Insight and WorkForce Software on Workforce’s significant equity investment received from Evergreen Coast Capital.
    • Zyme: Represented Insight in its acquisition of a majority stake in leading channel data management company Zyme, in a transaction valued at over $100 million.

    Insightful Science/Dotmatics: Represented Insightful Science, a portfolio company of Insight Partners, in its acquisition of Dotmatics, a scientific informatics software and services company.

    IO Data Centers/Iron Mountain: Represented IO Data Centers LLC, a leading colocation data center services provider, in the sale of its business to Iron Mountain Incorporated for a purchase price of $1.34 billion.

    LiveAction/Savvius: Represented LiveAction, a visionary provider of IT network management, visualization, and analytics software in its acquisition of Savvius, Inc., a leading provider of packet-capture and analytics appliances and software forensic solutions.

    Mailjet/Mailgun: Represented Mailjet and its shareholders on its acquisition by Mailgun, a leading email delivery platform backed by Thoma Bravo.

    Maxburg Beteiligungen III GmbH & Co. KG/KGS Software: Represented Maxburg Beteiligungen III GmbH & Co. KG on the acquisition of KGS Software, an established international software provider for SAP document archiving and data management.

    NEOGOV/PowerDMS/Warburg Pincus: Represented Warburg Pincus and its portfolio company NEOGOV, a market leader in public sector human resources software, in NEOGOV’s acquisition of PowerDMS, a leader in cloud-based compliance software.

    NEOGOV/Warburg Pincus/Carlyle Group: Represented NEOGOV in its investment from Warburg Pincus and The Carlyle Group.

    New Mountain Capital/DRB Systems/Vontier Corporation: Represented New Mountain Capital and DRB Systems in DRB’s sale to Vontier for approximately $965 million.

    New Mountain Capital/Sparta Systems/Thoma Bravo: Represented New Mountain Capital LLC in its acquisition of Sparta Systems, Inc., a global leader in quality management system (QMS) software, from Thoma Bravo.

    NPM Capital/Infinitas Learning: Represented NPM Capital in its acquisition of Infinitas Learning, a leading provider of products and services designed for education and learning.

    Ontellus/Aquiline Capital Partners/The CapStreet Group: Represented leading record retrieval provider Ontellus, a portfolio company of The CapStreet Group, in its acquisition by Aquiline Capital Partners.

    Orion Advisor Solutions/Brinker Capital: Represented investment management company Brinker Capital in its merger with Orion Advisor Solutions to create a combined technology and TAMP platform for financial advisors.

    OSG Billing Services/Microdynamics Group: Represented OSG Billing Services in its acquisition of Microdynamics Group, a provider of integrated, multichannel transactional print and electronic solutions.  

    Parallels/Plesk/Oakley Capital: Represented Parallels Holdings Limited, a global leader in IT solutions, in the carve-out and $105 million sale of its Switzerland-based web server and website administration platform, Plesk, to Oakley Capital.

    PayScale/Francisco Partners/Warburg Pincus: Represented PayScale, the leader in cloud compensation data and software-as-a-service (SaaS), in its $325 million sale to Francisco Partners by Warburg Pincus.

    Questel/NovumIP: Represented Questel and its financial sponsors Eurazeo, IK Investment Partners and Raise Investissement on the contemplated acquisition of NovumIP from Paragon Partners.

    SCVX/Bright Machines: Represented SCVX, a special purpose acquisition company, in its $1.1 billion deal to merge with Bright Machines, an industry leader in intelligent software-defined manufacturing.

    Seaport Capital/All Traffic Data: Represented Seaport Capital in its strategic investment in data collection provider All Traffic Data.

    Searchlight Capital Partners/EasyMile: Represented Searchlight Capital Partners in connection with a €55 million Series B funding round in EasyMile, a leader in driverless vehicle software and solutions.

    Searchlight Capital Partners/EOLO/Partners Group: Represented Searchlight Capital Partners on the sale of its significant stake in EOLO, an Italian broadband provider, to Partners Group.

    Six/Omniex: Represented SIX in its partnership agreement with and investment in Omniex, an institutional trading platform provider for digital assets and cryptocurrencies, enabling broader market access to cryptocurrencies.

    SmartBear/Francisco Partners: Represented SmartBear Software, the leader in software quality tools for teams, in its acquisition by Francisco Partners.

    SourceHOV Holdings, Inc./Novitex Holdings, Inc./Quinpario Acquisition Corp.: Represented SourceHOV in its $2.8 billion merger agreement with Novitex and Quinpario to form Exela Technologies.

    Take-Two Interactive Software, Inc./Codemasters: Represented Take-Two Interactive Software in the proposed takeover of London-listed Codemasters for approximately $994 million.

    Take-Two Interactive Software, Inc./Kerbal Space Program: Represented Take-Two Interactive Software, Inc., in its acquisition of Kerbal Space Program, a critically acclaimed space simulation program.  

    Take-Two Interactive Software, Inc./Playdots, Inc.: Represented Take-Two Interactive Software, Inc. in its $192 million acquisition of mobile games developer Playdots.

    Take-Two Interactive Software, Inc./Social Point S.L.: Represented Take-Two Interactive Software, Inc. in its acquisition of mobile game developer Social Point S.L. for $250 million, with a potential earn-out of up to $25.9 million.

    Temenos/Kony: Represented Kony Inc., the fast growing U.S. #1 digital banking SaaS company, in its acquisition by Switzerland-based banking software company Temenos for up to $580 million.

    The CapStreet Group/PCS Software: Represented CapStreet in its majority recapitalization of PCS Software, Inc., a provider of transportation management software for the inland trucking industry.

    The CapStreet Group/Surgical Notes: Represented CapStreet in the completion of its majority recapitalization of Surgical Notes LLC, a group of Texas-based companies that provide healthcare coding and billing services.

    Thycotic/Insight Partners/TPG Global: Represented Thycotic and Insight Partners in the sale of Thycotic to TPG Global.

    TriTech Software/Bain Capital Private Equity: Represented TriTech Software, a leading public safety software developer, in its recapitalization by Bain Capital Private Equity.  

    Union Square Ventures/ADDI: Represented Union Square Ventures in a Series B investment for Latin America digital lender ADDI.

    Veeam Software/Insight Partners/Kasten: Represented Veeam Software, a portfolio company of Insight Partners, in its $150 million acquisition of Kasten, a market leader for backup and disaster recovery.

    Virgin Pulse/Marlin Equity Partners: Represented Virgin Pulse in its sale to Marlin Equity Partners.  

    Voalte/Hill-Rom: Represented Voalte, a pioneer and leader in real-time, mobile healthcare communications, in its sale to global medical technology company Hill-Rom for $180 million.

    Warburg Pincus: Represented the private equity firm in a number of its investment-related transactions in the technology industry, including:

    • Slickdeals/Goldman Sachs Merchant Banking Division/Hearst: Represented Warburg in its sale of online deal site Slickdeals to Goldman Sachs Merchant Banking Division and Hearst.
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Outsourcing and Technology Transfer Matters

  • Best Buy: Advised BestBuy in the formation of a strategic MVNO relationship between its subsidiary Best Buy Connect, LLC and Clearwire Corporation to offer newly branded 4G mobile broadband service.

    CDMA EV-DO: Negotiated broadband wireless technology deployment arrangements between each of Lucent, Nortel, Motorola, Samsung and Sprint.

    Embarq Corporation: Negotiated business processing outsourcing arrangements for Embarq, a telecommunications and logistics service provider.

    Fibernet Telecom Group, Inc.: Advised Fibernet Telecom Group in multiple dark and lit fiber multi-year indefeasible rights of use.

    ish GmbH & Co./Deutsche Telekom AG: Counseled German cable TV operator ish (formerly Callahan Cable Northrhine Westfalia) in the comprehensive renegotiation of its service and supplier agreements with the German incumbent Deutsche Telekom AG.

    Level 3 Communications, Inc.: Served as principal legal and regulatory counsel to Level 3 in Germany to represent the company’s German subsidiary in the structuring of its national telecommunications infrastructure and network, including shared trenching, duct construction and duct leases, and right-of-way agreement and permits.

    SEB Bank AG: Advised the German subsidiary of the SEB Bank Group in the structuring, negotiation and implementation of a nationwide WAN supplier and outsourcing agreement relating to PABX, telephony and data WAN and VPN services connecting 200 SEB facilities throughout Germany.

    Sprint Corporation: Advised on several business-critical arrangements between the telecommunications company and the following companies:

    • Lucent Technologies, Inc., Motorola, Inc. and Nortel Networks Inc.: Advised on 3G nationwide infrastructure build-out contract commitments with each of Lucent, Motorola and Nortel valued at approximately $3 billion.

    UUNET: Advised the German subsidiary of the MCI group UUNET Deutschland GmbH in the negotiation and implementation of a government contract on the operation of a nationwide data network for German administrations, including subcontractor agreements.

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Other Significant Matters

  • Two Sigma Investments, LP: Represented Two Sigma Investments, LP in the first third-party lease for space at The Bridge at Cornell Tech, a new building on Cornell University’s under-construction Roosevelt Island Technology Campus.

    Van Eck Associates Corporation: Advised Van Eck Associates on harmonization of privacy practices among its global offices and websites, including customer-facing and employee privacy notices and internal policies, data protection registrations, cross-border data transfer mechanisms, data security needs, and other issues related to proper collection, processing, and transfer of personal data around the world. Van Eck is a recognized global hard assets specialist.

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Publications / News / Events

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