Technology, Media & Telecom

Our lawyers’ ability to protect and defend a company’s assets, as well as effectively collaborate with clients, is why in 2010, IP Law and Business magazine ranked Baker Botts the best firm nationally, in two distinct categories: “Patent Prosecution” and “Overall.” Most importantly, these results were based in large part on comments from Fortune 500 executives-those in the best position to judge the firm’s work product.

Advancement in the technology industry takes place at a rapid pace and impacts the way people live and work every day. Today’s high-tech environment requires lawyers to have a diverse skill set to counsel clients while managing constant change.

Baker Botts lawyers are skilled at analyzing technological issues that impact business decisions such as the need for intellectual property licensing agreements or information technology sourcing contracts, or the ability to finance technology projects through credit and equity markets.

We have one of the largest IP teams in the country; more than 130 lawyers focus on representations in this area. In addition to its bench strength, firm lawyers hold more than 150 advanced or specialized technical degrees in fields such as computer science, electrical engineering and biotechnology.

In short, they speak and understand the language of their respective fields which allows them to communicate in terms that can be understood by those involved in the decision-making process: boardroom executives, judges, juries, lawyers, technical staff, regulators, financial institutions, venture capitalists and shareholders. It also enables Baker Botts lawyers to quickly grasp technical nuances that often heavily influence the outcome of disputes and transactions.

Our nationally ranked IP practice complements our M&A strengths where technology clients are concerned. Our collective experience encompasses practically every programming language, operating system, platform, application and industry of the software community. In addition, our IP lawyers regularly work with our corporate lawyers in M&A transactions involving software and other technology targets by assisting in open source and other IP due diligence, designing risk mitigation strategies and negotiating IP-related provisions of definitive documentation.

Technology industry experience encompasses all aspects of sales, acquisition, licensing and other arrangements that help maximize the value of our clients’ innovations. The firm routinely solves complex problems when clients encounter issues that mix intellectual property law with commercial transactions. Understanding the technologies involved in clients’ assets, firm lawyers are able to use transactional know-how to develop strategies that create or add value to clients’ portfolios.

One of Baker Botts’ competitive strengths is our experience over a 20 year span in representing technology industry leaders in M&A transactions. Our understanding of the nature of the target’s underlying business enhances our ability to add value through different transaction design, diligence and execution approaches. For example, different strategies are required when the principal assets of a high-tech company’s acquisition target consist of software or other strategic technology including developers or other key personnel.

We understand technology industry hot button issues. We appreciate the importance of risk mitigation strategies; the frequent preference for purchase price adjustments, earnouts and structures to defer payment of a portion of the purchase price; conducting source code reviews on core technology within the broader IP diligence; conducting reviews of the target’s significant customer contracts; designing effective employee retention packages; and planning for, and executing, effective post-merger integration.

We have a deep understanding of the industries we serve and that knowledge provides us with the ability to deliver better solutions.