Advances over the last decade in the media, entertainment and technology industries have been unparalleled. The new media landscape is dynamically shifting in real time and all businesses must anticipate and react to innovations in technology in order to seize new opportunities and develop unique business models.

Hughes Hubbard's Media, Technology & Commercial Transactions team recognizes the pace at which these advancements are affecting the day-to-day operations of our clients. We focus on helping clients exploit such developments to stay ahead of the curve by understanding the way technology influences business. We have a great understanding of our client’s priorities, which enables us to ensure transactions fit into their overarching business strategy.

Our lawyers possess significant transactional experience involving cutting-edge initiatives that feature emerging and disruptive technologies deployed across multiple applications, protocols and platforms. Furthermore, all of our new media and technology practitioners have served as in-house counsel to a variety of multinational conglomerates, enabling us to offer a unique perspective on the key strategic and operational business issues our clients face in this space. We combine the resources and experience of a traditional law firm with an understanding and passion for today’s cutting-edge technologies to assist our clients in navigating the new realities and challenges arising from this shifting landscape.

We have experience in a full range of transactions, including the following:

Digital and traditional marketing, advertising and promotions, including monetization and distribution arrangements, search engine optimization, viral marketing and contextual advertising campaigns, sweepstakes and contests through social media
Software-as-a-service (SaaS) arrangements, mobile app and website development, interactive game development, electronic payment systems and solutions and Internet banking, internal and client facing financial platforms and other technology-related transactions (for example, e-commerce, hosting, digital educational curriculum development, colocation agreements)
Privacy, data and information security matters, including domestic and international collection, use, storage, transfer, disposal and disclosure requirements
Video, music and content license, distribution, marketing, development and advertising agreements across various platforms and devices (for example, Internet, television, cable, satellite, mobile apps, etc.)
Manufacturing, retailer and marketing agreements across a wide variety of products, services and equipment--from fashion apparel to image sensors used by NASA’s Mars Exploration Rover

For more information please contact the Chair of the practice:

Matthew Syrkin

Chair

Drafted and negotiated off-shore IT and business process transactions on behalf of a major healthcare insurance company regarding outsourcing of all of its critical information processing, software development and reporting functions.
Represented major international credit card company in connection with a strategic alliance involving the license, distribution and branding of a popular software-as-a-service based expense reporting system for creating, processing, and paying expense reports and conducting other financial transactions.
Represented energy trading company in connection with the license and provision of cloud-based trading software as service and related support and operational services for use by worldwide network of financial institutions and commodities trading organizations.
Represented a major pharmaceutical company in connection with the worldwide integration and consolidation of systems, software, procurement operations, data warehouses and other information technology infrastructure and initiatives upon acquisition of another pharmaceutical company.
Represented financial services firm in connection with the negotiation of an international outsourcing arrangement to a partially owned joint venture in Latin America, including the negotiation of a complex joint venture and related outsourcing agreements.
Drafted agreements and participated in the negotiation of outsourcing virtually all of the systems, information processing and technology functions for one of the largest franchise fast-food companies in the United States.
Represented major media and telecommunications company in circuit management and video application server outsourcing transactions.
Represented market-leading video game developer in connection with the drafting and negotiation of a hardware manufacturing, outsourcing and licensing agreement with the premier peripheral device manufacturer.
Drafted and negotiated outsourcing agreements for all aspects (back office and core applications) involving a remote medical diagnostics monitoring and reporting company.
Drafted and negotiated outsourcing agreements on behalf of international telecommunications company for development, operating, hosting and maintenance of private-label ISP services.
Drafted and negotiated IT outsourcing agreement on behalf of major broker-dealer regarding the development, operation and maintenance of company’s enterprise remote access solution to enable company’s employees and customers to securely access critical applications, mainframes and databases from any remote location.
Represented major pharmaceutical company in connection with negotiation of an outsourcing agreement concerning the company’s information technology operations and strategic application development functions, and various business processes including human resources, accounting and facilities management operations.
Represented an international media and entertainment company in connection with:
- a multi-million dollar transaction for the development and implementation of an end-user data management platform for use in connection with domestic and international websites and verticals in furtherance of targeted advertising initiatives;
- an agreement with a major software developer pursuant to which the developer may purchase on behalf of third party advertisers, agencies and/or media planners, television advertising inventory on linear television programming services;
- the development and distribution of branded mobile interactive gaming and content distribution applications for syndication on Google, Amazon and Microsoft owned and controlled platforms;
- a partnership agreement with an interactive content recognition platform that enhances television viewing by providing related content on a real-time synchronized basis for viewing, social engagement and interaction through its companion applications for iPhone, iPad and Android; and
- several e-commerce and m-commerce initiatives involving the integration of third party platforms, consumer product procurement, logistics, delivery and merchant processing services in support of branded television programming networks.
Represented a major UK retailer in connection with the drafting and negotiating of a multi-faceted e-reader and digital content development, distribution and promotion agreement with a premier US e-reader manufacturer and e-book distributor for the development and distribution of a co-branded e-reading device and associated digital content in the UK and the Republic of Ireland.
Represented a multinational video hosting service in connection with:
- agreements to enter new international markets which address, among other things, use and privacy issues and risks associated with these new territories;
- an application development and content licensing and distribution agreement pursuant to which music video digital application and related audio-visual content are distributed through an internet-connected set-top box and related audio-visual streaming services; and
- transactional support and counsel relating to music and technology licensing and operational matters and agreements with content providers, music rights holders, application developers, device manufacturers and website service operators and distributors.
Represented a Big Four firm in connection with:
- the license of a variety of third party technology solutions for sublicensing to network/member firms, including cyber security products, data aggregation and analysis platforms and social media services;
- a variety of commercial collaborations and licensing agreements involving intellectual property, proprietary and third party technologies, software applications, data aggregation and exploitation and other technology based-properties.
Represented a major film studio, television production company and motion picture distributor in connection with:
- an agreement to feature content in the entertainment library of an online, ad-supported streaming service; and
- an agreement with an online service that monitors and analyzes end-user produced content on YouTube and other online services that enables the company to send cease and desist notices to violators of the company’s copyrights, or to post an advertisement along-side the user-produced content.
Represented a global vertically integrated media company in connection with the development of an application that, through the use of location technology, enables advertisers to reach consumers as they contemplate purchases.
Represented television programming networks in connection with negotiations with cable distribution affiliates regarding the distribution of programming on new media platforms such as iPads and smartphones.
Represented a publishing house in connection with an agreement relating to exclusive distribution and development rights, as well as online rights, to the documentary version of a best-selling book