Areas of Focus
"When negotiating on behalf of my clients, my main objective is to help them build relationships that are not just commercial, but collaborative, with technology and innovation at the center."
Overview
Maxine Garrett helps creative agencies, technology and e-commerce companies, and brands leverage their intellectual property (IP) assets and talent to enter into successful licensing and services relationships. She facilitates productive partnerships, preempts conflicts and protects her clients’ legal interests in joint ventures, complex technology agreements and agency/brand partnerships.
Maxine helps her clients form business and licensing relationships that hinge on valuable IP and technology assets. As an integrated and engaged team member from the earliest stages of a project, Maxine spots potential issues that inform the path forward. She develops contracts that are protective, business-driven and functional.
In negotiations, Maxine collaborates effectively to achieve creative solutions with all stakeholders. Whether negotiating a technology license, an advertising services agreement or the terms of a joint strategic venture, she finds opportunities to build stronger connections with commercial counterparts. Maxine also counsels clients on a range of copyright, trademark, right of publicity and privacy matters, helping them identify and monetize valuable IP assets.
Before she joined Davis+Gilbert, Maxine practiced IP law at Debevoise & Plimpton. She advised clients on IP protection and licensing matters and the IP aspects of corporate transactions in a range of industries, including e-commerce, telecommunications, technology, media and financial services.
Prior to her legal career, Maxine worked in the music industry at IMG Artists and Razor & Tie Direct, where she developed an interest in IP and technology issues impacting the arts and music.
Representative Experience
- Advised a multinational financial services company on technology and intellectual property licensing matters related to the expansion of its restaurant reservation platform.
Represented an iconic New York restaurant chain in forging its strategic partnership with a leading producer of specialty foods for the expanded distribution of our client’s signature foods to grocery stores, restaurants and other specialty venues.
- Represented a luxury mattress company in its acquisition of intellectual property rights in cutting-edge e-commerce and logistics technology in order to enhance its customer service efficiency and quality. Researched development and ownership history of the technology to ensure proper transfer of all rights therein; prepared and negotiated technology purchase agreement, software escrow agreement, intellectual property assignment and assumption agreement and other supporting transaction documentation.
Counseled a creative agency in connection with its client, a leading OTC brand, in developing a signature clothing line with a noted fashion designer.
Advising a media agency and its client on sponsorships of NFL, MLB, and other athletic teams and stadiums nationwide.
Representing a global software company in the negotiation of agreements with its clients for the use of its SaaS offerings.
- Provided advice to a global music and video streaming service on the terms under which its API and developer tools are licensed.
Advising a global animal health company on privacy and technology issues in connection with its vendor relationships, including providers of software and SaaS products, technology development, media, advertising, training, recruiting, and other services. Counseling in connection with company-wide initiative to update vendor data privacy terms for purposes of addressing GDPR developments.
- Representing a global agency that specializes in retail experiences in a series of transactions for the licensing of its proprietary digital in-store media platform to major retailers, such as grocery, beauty and pharmaceutical.
- Advised an independent video game developer on the organization of IP rights in his portfolio of mobile games. Prepared more than a dozen assignment and licensing documents covering rights in game code, music, sound effects, branding and other assets to ensure the proper organization of IP rights in advance of the sale of the client’s mobile games platform and licensing of games to a leading global media company.
Insights + Events
- Event ANA | Legal Webinar | Tech Transactions Download: A Guide for Advertising and Marketing Professionals
May 1, 2024
- Buy Now: Avoiding the Pitfalls of Online Retailing E-Tailers Beware: Regulators Are Drilling Down on Negative Option Marketing
October 6, 2020
- Alert New York City Bill Would Bar Sharing of Cellphone Location Data
August 5, 2019
- Trends in Marketing Communications Law Big Data and Big Questions
July 10, 2019
- Trends in Marketing Communications Law Lawsuits by the Disabled Against Websites Spike
July 10, 2019
- Trends in Marketing Communications Law As Augmented Reality Engagement Increases, Novel Legal Issues Arise
May 24, 2018
- Trends in Marketing Communications Law Privacy, Transparency and Quality Issues Drive Changes in Digital Marketing
May 24, 2018
- Publication NYSBA Bright Ideas | Using Third Parties’ Trademarks: Unpacking
June 2, 2017
- Trends in Marketing Communications Law Regulators Address Consumer Trust, Choice and Safety In Digital Marketing
April 11, 2017
Credentials
Education
- New York University School of Law (J.D., cum laude, 2012)
- Robert McKay Scholar
- Brown University (B.A., magna cum laude, 2005)
Bar Admissions
- New York
Associations
Member, Davis+Gilbert Technology Committee
Member, American Bar Association