Technology Transactions & Regulatory Experience
Lead Counsel for Global Pharmaceutical Company's Custom Multi-Year Enterprise License Agreement
LB3 was engaged to structure and negotiate a global enterprise license and services agreement for a Fortune 50 company. Under the 5-year agreement, the client licensed a suite of security software products and services from Cisco Systems. The transaction consisted of on-premises software, software-as-a-service, managed services, hardware acquisition and professional services integrated into a new enterprise-wide security architecture.
Developing a Custom Software-as-a-Service Solution
LB3 lawyers not only advise others on custom software initiatives, we have first-hand experience outsourcing the development of custom cloud-based applications. Employing agile development principles and engaging off-shore software development resources, LB3 affiliate, Avenue4 LLC, recently completed a 9-month design, development and implementation project resulting in the successful launch of the first automated order-driven online digital asset trading platform in its industry. LB3 partner, Marc Lindsey, led the sourcing (commercial and legal), design, development and implementation of on-shore and off-shore teams.
Counseling Major Media Company on its Private Cloud Outsourcing Transaction
LB3 advised a client on a multi-million dollar transaction for the migration, hosting, management and ongoing enhancement of mission-critical enterprise resource planning (“ERP”) software and identity and access management platform. The successful fast-track negotiation was the product of close cooperation and consultation between LB3 and the client’s stakeholders, a hallmark of LB3’s client-focused approach to delivering efficient and cost-effective legal and technical expertise.
Following a competitive RFP process and rigorous evaluation of vendor capabilities, the client selected a leading Tier 1 supplier to take over the operation and management of its human resources management system environment and certain other applications critical to the client’s internal business processes. The client’s dynamic IT environment and perpetually evolving end-user community required a resilient and flexible solution.
To complete the transaction on an aggressive timeframe in response to the demands of the client stakeholders, LB3 developed contract documents for the transaction that incorporated industry best practices, market leading end-user protections and the unique technical requirements of the client, its affiliates and their user community.
Assisting with Technology Enhancements to the New York City Taxicab Industry
LB3 assisted the New York City Taxi & Limousine Commission (“TLC”) in the development and implementation of a contract framework for the NYC Medallion Taxicab Technology Enhancements project that helped the TLC create a unique program for putting credit card processors and IP-enabled applications into every cab in the city. Under the program, four separate and competing system integration vendors agreed to provide software, hardware, networks and related services that delivered custom technology enhancement solutions to the New York City taxicab industry. LB3 advised the TLC throughout the contract process and enabled the TLC to achieve its objectives while balancing the competing interests of industry stakeholders.
Counseling a Major U.S. Car Company Outsource Application Development and Support
A U.S. auto manufacturer engaged LB3 to lead the company through the global outsourcing of its application development, implementation and maintenance of staff and functions. LB3 worked with the client’s U.S.-based internal counsel and helped organize its global legal specialists to provide comprehensive coverage of all relevant legal issues. We successfully structured and negotiated two separate deals (including SoWs, SLAs and pricing schedules), formally linking the two systems integration vendors under a single governance structure.
Advising One of Nation's Largest Public Safety Agencies in Agreements for Advanced Public Safety Communications Infrastructure and Software Applications
LB3 advised the Las Vegas Metropolitan Police Department (“LVMPD”) in the development and negotiation of contracts to support its advanced radio infrastructure and computer-aided dispatch software applications provided by a major vendor and systems integrator to the public safety community. LB3 worked closely with LVMPD to develop a full set of contract documents that integrated strategic agency objectives with specific technical and legal requirements. LVMPD specifically requested LB3 bring best sourcing and negotiation practices from the private sector into this public agency procurement. Working closely with LVMPD, LB3 negotiated the terms and conditions of all components of the agreement on an accelerated timeframe and continued to provide ongoing support during LVMPD’s budget approval and reconciliation processes for the project.
Leading Negotiations in Support of the Development and Implementation of an E911 System
LB3 served as lead outside counsel to New York City’s Department of Information Technology and Telecommunications (“DoITT”) and its primary consultant in the development, negotiation and documentation of a comprehensive agreement for a state-of-the-art enhanced 911 (“E911”) telecommunications system. During this 13-month project, LB3 provided strategic advice regarding the agreement and its negotiation, and handled the vast majority of the drafting and negotiation of the major contract documents (including a Master Services Agreement, SoW, SLA framework and pricing schedules), both undertaken in close consultation with DoITT and the City’s Law Department.
Handling all Legal Aspects of a Global Transformation Outsourcing for a Fortune 50 Company
A Fortune 50 company engaged LB3 to assist with the multi-year transformation of its global information and communications network infrastructure and network services. As lead counsel for the project, we helped prepare the RFP for multiple project components, evaluated RFP responses, drafted contract documentation (including multiple templates) as well as structured and negotiated all of the agreements for the transformational end-state global solution involving multiple systems integrators and related service providers. The scope of the project consisted of strategic planning, contract drafting and negotiations with global providers spanning North America, EMEA, Asia and Latin America.
Transforming the Enterprise Communications Infrastructure of a Fortune 500 Global Freight and Logistics Company
LB3 advised the company during the outsourcing of its global enterprise communications infrastructure. LB3 led all aspects of the deal negotiations to successful conclusion and closing. The scope of the final 6-year, enterprise-wide agreement included management of the company’s data network services, wireless LAN network refresh (Wi-Fi), LAN management, voice and data equipment and software management and maintenance, IP address management, voice and data transport, managed security services, telecom expense management and the design, development, implementation and hosting of a new (transformative) unified communications platform. To satisfy the client’s primary objectives, LB3 negotiated a transaction framework that effectively balanced the conflicting goals of maximizing the client’s deal flexibility over the life of the contract, minimizing the client’s capital expenses and other up-front costs, and achieved a competitive total cost of ownership and return on investment.
Outsourcing of Guest Internet Access Business Processes and Related ICT Operations for a Global Hospitality Company
As lead counsel, LB3 enabled a global hospitality company to outsource the design, installation, operation and management of its guest-facing Wi-Fi local area network and related management systems and telecommunication network affecting all of its North American hotel properties. The deal included several novel elements, including an innovative hotspot and 3G offloading arrangement. Following on from this project, LB3 counseled the company on transactions for international Wi-Fi LAN management and deployment of a Wi-Fi enabled mobile application solution designed to enhance the guest experience at certain premium hotel properties.
Advising New York City on a Large-Scale Communications Technology Sourcing
LB3 advised the City of New York in structuring and negotiating new multi-year, multi-million dollar agreements with Verizon and AT&T. As lead counsel for the Department of Information Technology and Telecommunications (“DoITT”), LB3, in cooperation with CTGi, helped DoITT and the City’s Law Department obtain market-leading terms and conditions from Verizon and AT&T to support the City’s purchase and use of critical data and voice services.
Enforcement Bureau Action Against School District
LB3 assisted one of the country’s largest urban school districts when it was under investigation by the FCC’s Enforcement Bureau and the Universal Service Strike Force for alleged violations of E-Rate program rules. The Enforcement Bureau had terminated the district’s access to E-rate funds and was seeking fines, forfeitures, and funding clawbacks in excess of $100 million when the school district turned to LB3. Working with school district counsel, LB3’s lawyers helped to negotiate a final forfeiture amount that reduced the district’s forfeiture liability by more than 90%, with no clawback of funds already disbursed. LB3 also assisted in bringing the district’s procurement processes into compliance with the E-rate program rules, negotiating, crafting, and implementing interim and final compliance plans for school district personnel participating in the E-rate program and negotiating a final consent decree for the school district. As a result of LB3’s counsel, the school district is back in compliance with the E-rate program rules, and, most importantly, the school district’s students are once again benefiting from the Internet access and other services funded by the E-rate program.