Andrew Klungness navigates clients through the opportunities and risks presented by emerging technologies. He brings nearly two decades of legal and business acumen to support his clients’ innovation and growth. In this regard, he has led a number of novel, unique, and “bleeding edge” transactions involving technology and intellectual property. Mr. Klungness serves clients in a number of industries, including retail, interactive entertainment, mobile, social media, e-commerce, telecommunications, toy and game, consumer products, higher education, and financial services, among others.
As leader of the Commercial Practice Team, Mr. Klungness spends significant time negotiating and documenting strategic alliances, joint ventures and other collaboration and partnering arrangements involving the commercial exploitation of intellectual property rights. He has extensive experience structuring and negotiating joint ventures, strategic partnerships, and similar arrangements.
Mr. Klungness has particular focus on negotiating and managing strategic sourcing relationships on behalf of his clients. He also structures, negotiates and documents a wide range of general commercial transactions such as software licenses and implementation transactions (both SaaS and on-premises); cloud; outsourcing transactions (ITO and AD/M); manufacturing (including OEM and ODM); consulting agreements; channel partnerships (sales representative, distributor, and reseller); merchandise licensing; content, trademark, patent and technology licenses; joint development agreements; and co-branding and cross-promotion agreements.
While Mr. Klungness focuses his own time on the most significant, complex, and high-dollar value transactions, he also has significant experience in architecting solutions for clients who require assistance with contract drafting, review, and negotiation, including technology systems for managing such efforts and alternative fee pricing.
Mr. Klungness also provides strategic counseling regarding “best practices” to reduce the risks associated with doing business online, through mobile platforms, on social media, through automation and connected devices, and by way of VR/AR platforms. Such engagements often touch on issues such as intellectual property, consumer protection (e.g., subscription auto-renewal law), international issues, and privacy.