Our growing Health Tech client had developed a market-changing communication app that it offered to its first client, a large hospital. Our client was asked to sign an agreement that reached far beyond industry standards. We were able to quickly identify the most aggressive terms, negotiate with the hospital’s legal counsel, and strip away the most onerous provisions. Our client and the hospital were able to quickly agree on terms, sign the contract, and successfully launch the app. Their business with this hospital has grown exponentially. Our client now serves a total of fifteen healthcare providers of various types.
Our Fortune 500 client planned to license a cloud-based solution to streamline their exit interview process and analyze interview data to improve employee retention. With an eye on data security and privacy issues, we helped them ensure their employee data would be protected by analyzing what PII would be processed, how it would be identified, gathered, and stored, and whether the SaaS solution provided acceptable security protections, such as encryption, firewalls, and systematic monitoring. We negotiated for improved service response time and support availability and secured the right for our client to investigate the hosting provider’s data storage location and history of service quality, reliability and security. Our client ultimately signed a significantly more favorable agreement. Implementation of the solution is now in progress.
Our client, a US-based hosting provider, sought advice to restructure a Canadian technology company in which it was a principal stockholder. The restructuring involved a sale of the hosting business to our client, a long-term agreement for services between the hosting business and the design business, and a transfer of a new, unrelated software business to the other principal stockholders. We were able to build a consensus among parties whose relationship had become strained and helped the stockholders divide the businesses amongst themselves so that each party was satisfied with the ultimate outcome notwithstanding their differing objectives.
Our client, the founder and CEO of a cloud-based service provider, wanted to cash out a portion of his stake in the company while continuing as CEO. The new buyer, in addition to purchasing the portion of our client’s stake, planned to buy out a number of existing private equity investors. We helped our client negotiate advantageous sale terms and a long-term employment contract as CEO. We were able to scale back overly aggressive noncompete and severance terms and add additional protections to preserve the value of our client’s equity. In addition to having cash in the bank, our client is now the CEO of a company that is part of a larger business group and in all likelihood, his share will have a significantly greater value over time.
Our client was building a new SaaS based training service based upon open source software. After thoroughly analyzing their business model, we were able to determine that data loss and malware attacks on client systems were significant potential problems. As a result, our client negotiated for stronger security measures, appropriate liability allocation, and for the provider to obtain adequate levels of cyber insurance. We also counseled our client on their own risk management measures including minimizing the amount of personal information received and stored, and obtaining the right type of insurance, including cyber-risk coverage extending to the client’s hosting provider.
Our client, a large global employer with heavy turnover, had a goal to increase the effectiveness and efficiency of its recruiting. As part of that goal, the client selected a provider of a cloud-based, social media-enabled solution that would (1) collect and manage data amongst the entire recruitment group and (2) enable our client to remain in touch with valued recruits. It was important for the SaaS provider to agree to follow industry practices for data protection globally and to be obliged to promptly report and remedy potential security issues. We also negotiated terms that gave meaningful recourse to our client in the event that a security failure by the provider resulted in costs or liability.
Our UK-based big data analytics client provides professional services to large, multi-national consumer product companies. As business grew in the United States, our client seized the opportunity to create a US entity and open a local office, their first meaningful international expansion. With an eye on tax efficiencies and future fundraising plans, we created a Delaware corporation as the US subsidiary and helped them expatriate senior management, hire additional US professionals, lease commercial space, obtain appropriate insurance and develop US based contracts. Our client’s US operations have increased well beyond what they had initially planned. They now have significant contracts with multiple US-based, multinational consumer products companies, which in turn has fueled their expansion to Asia and South America.