Information Technology Advisory Services

LB3’s attorneys have unparalleled experience structuring and negotiating agreements for the purchase, implementation, management, design and integration of systems, custom applications, and business processes on behalf of large enterprise clients. While clients usually seek LB3’s assistance on complex transactions, we are also engaged to review and negotiate more routine technology contracts (e.g., equipment purchase agreements, software licenses, hardware and software maintenance contracts, and amendments/extensions of existing contracts). 

Our strength flows from knowledge of business and technology as well as the law. Because our lawyers understand the priorities, motivations and technologies that drive business, we go beyond the "terms and conditions" of agreements to assist clients in the development of critical documents such as statements of work, service level agreements, pricing schedules, information security requirements, and asset transfer arrangements.  We focus on the keys to our clients’ business and technological success, not just arcane legal principles.

Our experience also shortens procurement cycles, eliminates “on-the job” training, and frees up in-house legal resources.  Our efficient staffing and relentless focus on value-based results makes sourcing the legal aspects of even routine tech transactions to LB3 more cost-effective for clients than keeping the work in-house.

Enabling Cloud Computing Initiatives

LB3 has been at the forefront of large enterprise public and private cloud computing engagements (including software as a service, infrastructure as a service, platform as a service, and service management as a service).  LB3’s technology lawyers advise enterprise users during cloud computing strategy development, sourcing and contract negotiations.

While not all computing services will move to the cloud, cloud computing will become an extremely important option for large enterprise users.  Many of the issues that arise in cloud deals are common to other technology transactions. There are, however, several risks that are greatly heightened or unique in cloud environments, and enterprises must take care to address them in service agreements. It is also important for enterprise users to keep in mind that, even if their use of cloud services in the near-term is not extensive, the contracts that they enter into with vendors are likely to be in place for a long time and will serve as the framework for future cloud computing initiatives.

Structuring Managed Services and Outsourcing Arrangements

LB3 is routinely engaged as lead counsel in matters related to IT outsourcing, managed network services, hosted communication solutions, Enterprise Resource Planning (“ERP”) software, data centers, global managed infrastructure services, Enterprise 2.0 solutions, content delivery network services, and managed security services.  Some of the key benefits of engaging LB3 are:

  • Our experience and deep knowledge permit clients to implement strategic technology initiatives and avoid (or overcome) what IT and telecom vendors would like their customers to believe are “standard” practices. 
  • LB3 levels the playing field for enterprises when they face off against seasoned vendor negotiators.
  • We were involved in the earliest telecommunications outsourcings, and continue to represent customers in more telecom outsourcings and managed network services deals than any other law firm.

Facilitating Transfers and Sales of IPv4 Numbers and Protecting Legacy Internet Resources

IPv4 addresses are used to route most of the global Internet traffic.  The supply of IPv4 numbers available from the American Registry for Internet Numbers (ARIN) and the other regional Internet registries (the RIRs) to assign and allocate to ISPs, cloud computing providers and other organizations is, effectively, drying up (referred to as IPv4 exhaustion).  IPv4 numbers are, therefore, valuable assets.

Buying and selling IP numbers requires marketplace participants to nimbly navigate rapidly changing Internet governance policies, marketplace norms and laws. The IPv4 market remains in its infancy. It is expected to evolve rapidly in the coming months when ARIN runs out of free numbers.

IPv4 Market Services

LB3 has created a separate business entity – Avenue4 LLC (“Avenue4”) – a special purpose consultancy dedicated to serving IPv4 market participants.  While Avenue4 is an affiliate of LB3, it is not a law firm and will not provide legal services.  Visit www.Avenue4LLC.com.

Legal Services

Professionals in LB3’s IPv4 practice provide legal services related to the protection of Internet numbers, including resolution of conflicting claims to Internet assets and disputes with regional Internet registries.

Success Stories

LB3 Advises and Represents Major American Automobile Manufacturer in its Foray into Public Cloud Services

A major American automobile manufacturer engaged LB3 to advise on its adoption of public cloud services and to structure and negotiate its agreement with a large public cloud services provider. Serving as exclusive outside advisor and legal counsel, LB3 applied its extensive experience in cloud computing, managed services and communications to guide the client through the opportunities available with, as well as the risks and pitfalls inherent in, public cloud services. Through its guidance and negotiation, LB3 helped the client establish a strong foundation for the successful and optimal use of public cloud services, both strategically, as well as by developing a contractual framework upon which the client could rely as its use of cloud services increases in both breadth and quantity.

The Washington Post Company's Private Cloud

LB3 advised The Washington Post Company (TWPC) on a multi-million dollar transaction for the hosting and management of mission-critical TWPC enterprise resource planning (“ERP”) software using a tier 1 vendor's utility infrastructure. The successful fast-track negotiation was the product of close cooperation and consultation between LB3 and TWPC’s stakeholders, a hallmark of LB3’s client-focused approach to delivering efficient and cost-effective legal and technical expertise.

Following a competitive RFP process and rigorous evaluation of vendor capabilities, TWPC selected a leading enterprise applications service provider host and manage its PeopleSoft environment and certain other applications critical for TWPC’s internal business processes. TWPC’s dynamic IT environment and perpetually evolving end-user community required a resilient and flexible application hosting and management solution that would scale with TWPC’s environment without the need for significant post-closure re-negotiations.

After working closely for over a decade on a wide range of technology and telecommunications matters, LB3 and TWPC quickly and seamlessly integrated their technical, legal, and negotiation teams. To complete the transaction on an extremely aggressive schedule in response to the demands of TWPC’s stakeholders, LB3 developed contract documents for the transaction that incorporated industry best practices, market leading end-user protections, and the unique technical requirements of the TWPC community. Working with TWPC’s project leads, LB3 negotiated the deal from start to finish quickly – allowing TWPC to complete the entire transaction within the required time frame in a manner that achieved its major requirements.

Fortune 200 Pharmaceutical Company Outsources the Global Management of its Information and Communications Technology Infrastructure.

A large global pharmaceutical company engaged LB3 to structure and negotiate an agreement with a single global tier 1 vendor, which allowed the company to outsource the management of its global voice and data infrastructure.  Serving as lead counsel during the sourcing effort, LB3 (working with its affiliate, TechCaliber Consulting, LLC) applied its industry experience and best practices enabling the client to obtain a cutting edge integrated outsourcing agreement that comprehensively covered WAN and LAN management, equipment procurement, software licensing, wireless transport services, and the transfer of personnel to the vendor.  The process was completed and contract documents were negotiated within highly aggressive client time frames with fees totaling a small fraction of the client’s projected savings.

The New York City Taxi & Limousine Commission Counseled by LB3

LB3 assisted the New York City Taxi & Limousine Commission (the “TLC”) with the development and implementation of a contract framework for the NYC Medallion Taxicab Technology Enhancements project that helped the TLC create a unique program.

Under the program, four separate and competing system integration vendors agreed to provide certain software, hardware, networks and related services for the purpose of building and delivering custom technology enhancement solutions to the New York City taxicab industry. Working with the TLC’s project monitoring quality assurance consultant, and New York City’s Law Department, LB3 advised the TLC throughout the contract preparation and negotiation phase.

LB3 enabled the TLC to implement its policy objectives, while appropriately balancing the competing interests of the taxicab industry stakeholders. LB3’s support included:

  • Crafting and negotiating unique and flexible terms and conditions that (a) governed each vendor’s design, development, implementation, operation and maintenance of a new taxicab technology system, and (b) established standards to promote fair competition amongst the vendors.
  • Negotiating the pricing schedules, performance and technical requirements documents, service levels, and statements of work to reflect the policy and technical requirements identified by the TLC.

 

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