Technology Consortia

Technology law has been in the DNA of Ater Wynne for years. This focus has been a key differentiator for our firm and, as a result, Ater Wynne has earned a reputation as one of the region’s leading law firms for technology based companies, including technology consortia/SSO entities. Our firm provides this strategic legal counsel to local, regional, national, and multi-national technology-based clients.

Ater Wynne’s attorneys have extensive experience representing technology industry clients regarding a wide variety of issues related to the formation and ongoing operation of technology consortia, including standards-setting organizations (SSOs) and other multi-party industry initiatives. Frank X. Curci is the head of the Technology Consortia practice.

Few law firms can match our scope and depth of legal expertise in this area. The following outlines the key legal services Ater Wynne provides in this area:

• Creation and structuring of the non-profit, tax-exempt consortium entity, including:
• Preparation of all foundational documents, including Articles of Organization and Bylaws
• Securing tax-exempt status with IRS
• Counseling regarding, and preparation of, additional consortium policies and procedures
• Counseling regarding additional tax issues, including UBIT and other tax issues applicable to non-profit, tax-exempt entities
• Counseling the non-profit consortium’s Board of Directors regarding a broad range of corporate compliance and governance issues
• Antitrust compliance, including formulation and monitoring of antitrust policy
• Counseling regarding a wide range of technology and intellectual property matters, including:
• Creation of all Patent/IP polices
• Counseling regarding the protection of trademarks, copyrights, and other IP rights (both domestic and worldwide)
• IP licensing and other ongoing uses of IP rights
• Membership/Participation Agreements and ongoing matters with members/participants
• Adopters/Implementers Agreements and ongoing relations with adopters/implementers
• Liaisons and collaborations with other technology consortia, including the preparation and negotiation of complex liaison/collaboration agreements
• Forming and managing compliance and certification programs
• Confidentiality issues
• Preparing and negotiating additional commercial contracts, including vendor agreements
• Other government regulatory compliance issues
• Dispute resolution, including litigation
• Employment / independent contractor issues, including the use of professional employer organizations (PEOs).

Our attorneys are particularly proud that we provide the above legal services to both the nonprofit consortium entity as well as the companies participating as members/participants in these technology consortia.

We believe our experience representing these multiple stakeholders in technology consortia, which is not common in the same law firm, enables our attorneys to better understand the many nuances and complexities involved with forming and operating global technology consortia, including SSOs.

For information about our Standards and Technology Consortia Practice please click here.

Please click here to view an article on the “Expanding Role and Importance of Standards in the Information and Communications Technology Industry,” co-authored by Frank X. Curci and others.

Please click here to view an article on “Key Considerations When Technology Consortia Engage In Liaisons Or Other Collaborative Arrangements” authored by Frank X. Curci.