Proactive Contracting for Tech Startups: Will Your Commercial & IP Agreements Help or Hinder an Exit?

In this episode, we explore the ever-evolving realm of AI regulation and how it's reshaping technology transactions and internal governance worldwide. Join host Julian Dibbell and guests Ana Bruder, Arsen Kourinian, and Oliver Yaros as they discuss what’s happening in the EU, the US, and the UK, respectively, and how companies can navigate compliance in this changing environment.

In this episode, we revisit the ever-shifting landscape of Generative Artificial Intelligence (GenAI), a topic which has continued to captivate the tech world since our discussion a year ago. With GenAI at the forefront of the conversation, we delve back into the complexities surrounding its use, with a special focus on the contractual and legal challenges faced by users, data providers, and businesses. Join partners Marina Aronchik and Rich Assmus, and host Julian Dibbell, as they explore advancements in GenAI over the last year, emerging legal intricacies, and the implications for those navigating the technology.

Join our Technology & IP Transactions lawyers as they dive into the trends shaping 2024. In this episode, we explore the future of technology services, spotlight trends driving tech startups, and dissect deals tied to customer-facing digital platforms and cloud services. Additionally, we navigate the evolving regulations affecting tech transactions in Europe and the UK, as well as the legal complexities surrounding AI and GenAI. Tune in for a comprehensive overview that unpacks key trends and considerations for technology transactions in the year ahead.

Companies seeking to outsource—or re-source—business functions are strongly incentivized to act quickly, in order to realize savings and other benefits. However, maximizing those benefits requires effective planning and clever negotiating with suppliers, and companies that resist the temptation to take shortcuts will set themselves up for success in the long run. In this episode, partners Joe Pennell and Brad Peterson, along with host Julian Dibbell, provide insight into optimizing the outsourcing deal process, both in planning and execution.

Engaging third-party providers for technology transactions involves a certain level of cybersecurity risk. In fact, most companies have been through a third-party incident. In this episode, partners Justin Herring and Adam Hickey, along with host Julian Dibbell, unpack these cybersecurity risks and what businesses can do to prepare. They discuss the life cycle of a technology vendor relationship, including diligence and contracting, and how to manage the relationship to minimize risk.

China’s stance toward data privacy and cybersecurity has been a matter of interest for the last several years, most prominently with the June 2017 passage of China’s Cybersecurity Law, and the passage of the Data Security Law and the Personal Information Protection Law in late 2021. Now, more than two years after the 2021 laws were passed, companies  wishing to conduct business in this landscape are faced with a daunting set of subsidiary regulations that require self-assessments, impact assessments and certifications to ensure compliance, failure of which can attract   potentially heavy fines and restrictions on business operations  if circumvented. Join Mayer Brown partner Gabriela Kennedy and host Julian Dibbell as they revisit the China data laws and these latest developments and discuss  the effect they’ve had on the industry, and what interested parties should be aware of in the coming years.

Whether you are a startup or an acquiring company, there are several steps you should consider ahead of an exit to protect your deal and avoid issues later on. In this episode, Salt Lake City partners Spencer Glende and Scott Young, along with host Julian Dibbell, discuss measures companies can take with respect to IP and commercial agreements in order to avoid future friction in an investment or acquisition. Tune in for practical advice on navigating these contractual challenges.

The recent banking crisis has highlighted the need for FinTechs to take a strategic approach to their current and future bank partner relationships. With bank regulators focusing their attention on exactly these types of arrangements in recent years, there are today a number of hurdles for FinTechs to overcome as they execute on these critical business partnerships. In this episode, partners Rohith George, Eric Mitzenmacher and Jeff Taft, along with host Julian Dibbell, explore the impact of recent bank failures and unpack what they mean for FinTechs as they enter into relationships with new bank partners who are facing regulatory scrutiny regarding third party risk management.

Chatbots and other types of “generative AI”—AI that creates consumable content such as computer code, text responses, images, or music—have catapulted to the center of the AI discussion. In this episode, partners Rich Assmus and Marina Aronchik, along with host Julian Dibbell, discuss the key implications of generative AI and the contracting issues that arise for users and data providers.

As 2023 begins, we are coming off many years of fast and frothy innovation with a great deal of new complexity in both products and business models. We now face a downturn. Prominent companies across the economy are announcing layoffs and other cost-cutting measures and will likely require more complex deals to preserve profitability. In this episode, partners from our Technology & IP Transactions practice, along with host Julian Dibbell, will cover eight key trends to look out for in 2023 as companies look to reduce spend and drive revenue.