Software

Software remains a significant component of the global economy. Businesses continuously strive for greater efficiency and companies continue to invest in software infrastructure that enables them to operate in increasingly competitive markets. The software industry has experienced significant consolidation of late. Particularly open to acquisition are smaller niche software providers that specialize in certain functionalities; unlike many of the larger and more diverse software providers that offer broad suites to address a variety of functions throughout enterprises, niche providers have little to fall back on if growth slows or stops altogether in their particular sector. Security is under increased scrutiny by most companies today due to heightened awareness of terrorism and software hackers — this is fueling not only the increase in security software providers, but also, the attention required by all software providers to ensure their product are security focused. Increased stringency on financial and regulatory reporting is also driving new product development. Another growing trend in the software industry was pushed by the open source movement. Perhaps best known as the driving force behind the Linux operating system, open source has become a counter-intuitive business model for companies that distribute their products for free, generating revenues from associated training and services.

Our technology lawyers' capabilities and experience cover the spectrum of our software clients' needs, helping them to manage their day-to-day business and to structure their organization for optimum efficiency — this way, our clients can focus on the changing demands of the their industry and new product development. In addition, we have helped clients raise and invest billions of dollars and annually deal with M&A transactions with a value well into the billions of dollars.

Representative Client Work

Executed "going private" and re-financing strategy forenterprise resource planning software company, and subsequent implementation of roll-up strategy involving numerous multi-million dollar acquisitions
Assisted software client in the spin-out and formation of podcast and multimedia search engine, and in on-going licensing matters
Represented cable TV outsourced software company in its recapitalization and sale to Providence Equity Partners
Represented an employee performance management software developer in financing and the multi-million dollar sale of its U.S., Irish and U.K. assets and shares to a publicly-traded Israeli company
Represented venture-backed parallel file system software company in financing rounds totalling more than $30 million and in negotiating multi-million dollar OEM, licensing and distribution transactions
Represented market leader in enterprise supply management solutions in its merger with a leading provider of enterprise contract management software
Represented mobile application software company with a leading position in the consumer packaged goods industry in its sale to a publicly traded global positioning system technology company