Andrew Klungness is the leader of the Commercial Practice Team.  His practice focuses primarily on the areas of strategic transactions, complex commercial contracts, and commercial exploitation of intellectual property rights.  He has extensive experience structuring and negotiating joint ventures, software, merchandise, content, trademark, patent and technology licenses, joint development, co-branding and cross-promotion agreements; and other strategic relationships.  Mr. Klungness has particular focus on negotiating and managing outsourcing and other strategic sourcing relationships on behalf of his clients.  He also structures, negotiates and documents a wide range of general commercial transactions such as manufacturing (including OEM and ODM), consulting, distributorship, sales representative and reseller arrangements; and sales and leases of hardware.

Mr. Klungness assists clients in doing business on the Internet.  In this regard, he has drafted and negotiated Web development, Web hosting, co-location, linking, domain name purchase, advertising and similar Internet-related business agreements, and drafted privacy policies and terms and conditions of use for a wide variety of Web sites.  Mr. Klungness also provides strategic counseling regarding “best practices” to reduce the risks associated with doing business online.  He has particular experience in designing and implementing various strategies to avoid liability arising from the intellectual property rights of others.

Mr. Klungness has broad experience counseling clients with respect to the acquisition, management, and exploitation of their intellectual property rights.  Related to this, he frequently consults as a subject matter expert in intellectual property and technology litigation, as well as in mergers, acquisitions, financings, and other corporate and securities matters.  He provides advice regarding the acquisition of intellectual property rights, including the selection of trademarks, common law rights in trademarks, trade names, product configurations and trade dress, and represents clients before the Patent and Trademark Office and the Copyright Office.  In addition, Mr. Klungness advises on copyright and technology issues such as enforceability of click wrap/shrink licenses, DMCA, fair use, reverse engineering, and contributory/vicarious infringement.  He also counsels clients with respect to the management of their intellectual property portfolio, including maintaining and cost-effectively enforcing their rights through informal settlement, arbitration and litigation.

Mr. Klungness also advises clients with respect to issues that arise from clients' use of social media.  He has drafted numerous social media policies and counseled numerous clients with respect to such issues.

Mr. Klungness is increasingly serving as "outside general counsel" to a number of his clients, in particular start-up ventures, emerging companies, and Asia-based businesses expanding into North America.

Mr. Klungness has performed his services for clients in a wide range of industries, including information technology, retail, gaming, cosmetics, multi-level/network marketing, entertainment and media (particularly interactive entertainment), e-commerce, telecommunications, apparel, toy and game, consumer goods and financial services.

Mr. Klungness is frequently quoted by major media outlets on technology, ecommerce, and privacy matters, and speaks on such matters to legal and industry groups.  In addition, he was selected as one of the Southern California Super Lawyers “Rising Stars” for 2006-2011 by the publishers of Law and Politics and Los Angeles Magazine.

Select Representations

• Manufacturers of various consumer electronics devices, such as toys, e-readers, computer peripherals, and mobile devices, in drafting end user license agreements and consumer warranties; "inbound" licenses of software, content, and technology; and "outbound" licenses of technology.
• Leading manufacturer and wholesaler of computer peripherals, networking solutions, and electronics/mobility accessories in licensing and commercial contracts matters.
• Several national retailers in a wide range of commercial contracts, in particular those involving key vendors providing technology and consulting services.
• "Outside general counsel" to an Asia-based network marketing company and a number of Asia-based video game developers with respect to their North American business ventures.
• Major manufacturer of consumer products in connection with ~$50 million ADM outsourcing transaction and ~$200 million infrastructure outsourcing transaction.
• Leading provider of interactive television technology in multi-million dollar transactions for the engagement of various AO providers.
• Several magazine publishers in transactions to license their content in electronic form.
• Major investment bank in outsourcing the hosting and connectivity for its entire futures trading business, both for its internal trading desks and its customers, on all exchanges worldwide.
• National government of a Southeast Asian in a multi-million dollar project to engage several vendors for the development and hosting of a web site designed to promote tourism in that country.
• Brand development and licensing company, owner of several major youth lifestyle brands, in implementation of a global trademark licensing and enforcement program.
• Multiple clients, both providers and vendors, in various outsourcing matters in areas ranging from development of RFPs to the negotiation of the final agreement, such as IT staff augmentation, application development, application maintenance and business process outsourcing.
• Multiple clients in various matters entailing the licensing, development, publishing and distribution of various forms of interactive entertainment.
• Major provider of IP transaction management solutions in its negotiations with ISP to provide wireless internet services to various municipalities throughout the country.
• Provider of software solutions for gaming and entertainment applications in multiple transactions to permit remote wagering from various mobile devices.
• Major manufacturer of toys and family products in various transactions to develop, license, implement and maintain a comprehensive digital asset management system.

Bar and Court Admissions

California, 1999

United States Court of Appeals for the Federal Circuit

United States District Courts for the Central, Eastern, Northern and Southern Districts of California

Education

University of New Hampshire (formerly Franklin Pierce Law Center), J.D., 1999

Ohio Wesleyan University, B.A., cum laude, 1996

Publications

• Co-author, "‘Fraser’ Relies on Privacy Act to Uphold Search of Work E-Mails," Los Angeles Daily Journal, February, 2004

Civic Involvement and Honors

• Southern California Super Lawyers, Rising Star, 2006-2011
• Above the Law, Top Partners to Work For, 2010