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Davis+Gilbert LLP

From our base in New York, we represent a diverse range of clients across the country and around the world.

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Technology Transactions

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  • Overview
  • Breach Response and Ransomware
  • Data, Digital Media and Ad Tech
  • Privacy Compliance and Internal Policies
  • Technology Transactions

Today, every business is a technology business. Whether our clients make silicon chips or chocolate chips, technology transactions are likely a crucial part of their day-to-day strategy. Davis+Gilbert’s technology transactions team advises technology companies in the software, hardware and artificial intelligence spaces, as well as technology-forward companies in virtually every industry sector, including financial services, manufacturing, advertising, hospitality, retail, streaming, media and real estate. In every case, we engage deeply with the technology in question, focus on our client’s business goals, and execute transactions effectively and efficiently.

Broad Technology Deal Experience

Davis+Gilbert is that rare firm that works on both sides of the aisle for clients who are both technology providers and technology consumers, handling the full spectrum of technology deals. Our multifaceted perspective gives us deep insight into market norms for various technology issues and inspires creative legal solutions to the thorniest issues.

We advise on commercial technology transactions of every size and stripe, including cloud-based software and SaaS agreements; API/SDK and other software licenses; professional services and consulting agreements; software reseller and development agreements; service level agreements; information security addendums; intellectual property licenses; partnerships, reseller and alliance agreements; e-commerce agreements; website, app and platform terms; and manufacturing, development, logistics and testing agreements, among many others.

Our diverse experience also informs our sophisticated advice on joint ventures, financings, mergers, acquisitions, spinoffs and other corporate transactions where technology and intellectual property are at the core of the deal. In every transaction, we advise clients on how best to protect their most valuable IP assets and resources.

A Commercial Focus

Our extensive experience as commercial counsel allows us to be nimble in meeting our clients’ business demands, focusing only on the issues that will materially impact their companies. We understand that new product launches, product lifecycles and active sales and procurement funnels require quick turnarounds, and that end-of-quarter rushes, executive demands and exigent circumstances are part of every business. At every stage, we prioritize the steps needed to move deals forward at our clients’ pace and help grow their business.

Understanding Business and Technology

Clients rely on us as a true partner, not simply a service provider. Our lawyers have previously worked in the information technology and software spaces, and a number have engineering or information technology degrees. As a result, they can fully understand their clients’ technology and business. Drawing on this baseline, we assess risk accurately, focusing on the issues that really matter. Our technical and business savvy lets us work closely with commercial, product, engineering and executive personnel as an extension of our clients’ in-house legal teams.

Holistic Product Counseling

In addition to our work on technology agreements, Davis+Gilbert boasts a robust product counseling practice. We provide counseling on open source compliance and secure coding, perform source code audits, IP and patent clearance and UI/UX review, and advise on technology regulatory matters such as open banking and export controls. We also routinely combine our industry-leading intellectual property, privacy and marketing groups to provide sophisticated, cross-functional legal advice on our client’s most pressing product issues.

Representative Experience

  • Representing a global animal health company in its transactions with more than a hundred technology companies in its vendor portfolio, including providers of software and SaaS products, cloud services, telecommunications services, technology development services, ERP and CRM systems, traditional and generative AI tools, APIs, software development kits, e-commerce platforms and mobile applications.
  • 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.
  • Providing a prominent financial institution with ongoing digital counsel for mobile applications and consumer initiatives. We regularly consult on product legal issues and open-source compliance, as well as review UI/UX copy, draft terms and conditions and negotiate technology agreements.
  • Negotiating advertising technology agreements on behalf of a leading contextual commerce advertising platform. These contracts often involve granting the client the ability to integrate their Software Development Kits (SDK) onto specific publisher pages in order to provide their Supply-Side Platform (SSP) and Demand-Side Platform (DSP) services.
  • 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.
  • Negotiating a large volume of technology transactions for a public enterprise software company, including cloud, on-prem and channel partner agreements, as well as commercial and technology integrations of newly acquired companies. Our work has also included contract infrastructure matters, such as creating and helping to socialize playbooks, FAQs and other contracting references for the client’s in-house legal and business teams.
  • Advised the developer of a popular content creation application on the use of open-source software in mobile app development. Helped the client understand different open-source license terms and usage implications to ensure that their proprietary application retained its value.

Key Contacts

  • Attorney Richard Eisert

    Richard S. Eisert

    Partner/Co-Chair Advertising + Marketing

    Area Of Focus

    • Privacy, Technology + Data Security
    • Advertising + Marketing
    • Intellectual Property + Media
    212 468 4863
    reisert@dglaw.com
  • Attorney Maxine Sharavsky Garrett

    Maxine Sharavsky Garrett

    Partner

    Area Of Focus

    • Privacy, Technology + Data Security
    • Intellectual Property + Media
    • Advertising + Marketing
    212 468 4845
    msgarrett@dglaw.com
  • Attorney Gary Kibel

    Gary Kibel

    Partner

    Area Of Focus

    • Privacy, Technology + Data Security
    • Advertising + Marketing
    212 468 4918
    gkibel@dglaw.com
  • Attorney Devin Kothair

    Devin A. Kothari

    Partner

    Area Of Focus

    • Privacy, Technology + Data Security
    • Intellectual Property + Media
    • Advertising + Marketing
    212 468 4902
    dkothari@dglaw.com
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Meet The Team

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  • Overview
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  • Data, Digital Media and Ad Tech
  • Privacy Compliance and Internal Policies
  • Technology Transactions

Insights + Events

  • Event Interactive Advertising Bureau (IAB) | 2025 Public Policy & Legal Summit

    April 22, 2025

  • Alert The EU Artificial Intelligence Act: Key Takeaways and Analysis

    June 6, 2024

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