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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.

Civic Involvement & Honors

    • Southern California Super Lawyers, 2015-2017
    • Southern California Super Lawyers, Rising Star, 2006-2014
    • Above the Law, Top Partners to Work For, 2010
    • Southern California Super Lawyers, Rising Star, 2006-2014
    • Above the Law, Top Partners to Work For, 2010
    • Above the Law, Top Partners to Work For, 2010
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Representative Experience

  • Leading manufacturer of toys and consumer products in hundreds of transactions in support of product development; in/out licensing; advertising; including recent strategic partnership for development and launch of 3-D printing products.
  • Leading manufacturer of consumer products on a variety ofITO, ADM, and BPO outsourcing; and information technology,
  • Fortune 150 company in negotiation of agreements and end-user documentation for development, distribution, marketing, and sale of “smart” thermostat product and counseling on all social media matters.
  • Mission-driven social media company in development of form service agreements and successful negotiations with numerous Fortune 500 companies and leading non-profits.
  • Leading manufacturer and wholesaler of computer peripherals, networking solutions, and electronics/mobility accessories in developing and implementing program to manage all commercial contracts.
  • National retailer in development of policies for negotiation of all commercial contracts; build and manage team for negotiation of all incoming agreements; develop and implement system to manage budgeting, status, management, and execution of commercial contracts.  
  • Leading developer and publisher of mobile and social games in numerous development and acquisition transactions, licensing in of celebrity name and likeness rights, and licensing out of game rights for exploitation in foreign jurisdictions. 
  • Leading provider of interactive television technology in transactions for provision of hardware and software solution to cable and satellite network operators; preparation of form supply chain agreements and negotiation of same; negotiation of agreements with retailers; and outsourcing matters.
  • “Household name” retailer in a variety of transactions to support the development, manufacturing, launch, operation, and distribution of e-reader product; drafted end-user agreements, privacy policy and warranty/ESA; negotiated in-licensing of software and content from major enterprise software companies and publishers; supervised review of product documentation and advertising; and negotiated agreements with distribution partners and retailers for distribution. 
  • US subsidiary of major Japanese corporation on developing strategy for development of new product line and user platform; developing end-user agreements for platform; negotiation of agreements with auto manufacturers and other OEMs; and negotiation of in-bound licenses of software, social media platform agreements, and content licenses.
  • Numerous manufacturers of hardware devices, such as computer peripherals, mobile devices, wearable technology, and connectivity products in channel partner agreements, reseller, and distributor agreements; drafting end user license agreements and consumer warranties; negotiated software, content, and technology licenses and channel partner agreements, such as OEM, VAR, and Distribution Agreements.
  • Leading provider of audio technology in preparing channel partner agreements and end user agreements for consumer products.
  • "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 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 Thailand 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 high-dollar value outsourcing transactions 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.

Publications

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

Speaking Engagements

  • “Navigating Regulatory and Employment Law Challenges in the Sharing Economy,” moderator, Stanford E-Commerce Best Practices Conference, Stanford, Calif., June 12, 2017
  • “What Really Matters: Picking Battles in Contract Negotiation,” The Association of Corporate Counsel Southern California Roundtable CLE, Los Angeles, Costa Mesa and Calabasas, Calif., Aug. 2, 3 and 23, 2016
  • “Advanced Contracting Issues for Online Businesses,” moderator, Stanford E-Commerce Best Practices Conference, Palo Alto, Calif., June 6, 2016
  • "Virtual Reality: Platform or Passing Fad? Legal and Business Discussion," ABA Forum on the Entertainment & Sports Industries’ Video Games & Digital Media Conference, San Francisco, Calif., March 14, 2016