Information and Technology
Overview
Nutter has a long track record in information and technology law. We work with technology companies of many types and sizes in most major technology industries, from alternative energy to nanotechnology to robotics, as well as with universities and institutes focused on technology research and development. The firm has demonstrated that it knows how to meet the criteria and rigorous expectations particular to technology companies – whether large, leading-edge industry leaders or emerging growth change agents. Feedback from a range of our technology clients attests to Nutter’s legal and technical talent, responsiveness, agility, and experience. We use our knowledge and insight to collaborate with these fast-paced, forward-looking organizations and produce results cost-effectively.
Technology clients typically need support in several areas of legal service as they seek to invent and develop products, create value from innovation, and stay ahead of the competition. Nutter’s goal is to provide real-time, adaptable information and technology law services that meet their needs as they change and grow. The firm provides counsel appropriate to each client’s requirements throughout the growth and development lifecycle, drawing from its multidisciplinary full service practice. This counsel includes corporate representation – including financing, private equity, mergers and acquisitions, securities – as well as intellectual property, employment, labor and benefits, executive compensation, real estate, litigation, and tax. Our Private Client attorneys also work with many technology founders and executives on estate planning and family foundation needs.
The firm is experienced working with clients in many technology industries, including:
- Alternative energy
- Automotive technology
- Biotechnology
- Cleantech
- Computer hardware, software, and networks
- Chemicals and coatings
- Digital and analog circuitry
- Electronic and electrical components
- Genomics
- Image processing
- Internet technology and business methods
- Medical technology
- Nanotechnology and its associated products
- Pharmaceuticals and drug delivery technologies
- Photonics/optics
- Polymers and advanced industrial materials
- Robotics
- Telecommunications
Information and Media
The explosion of new technologies has created issues and challenges across the media and entertainment industry. From drafting technology agreements and information privacy law to more traditional advice in regulatory matters, antitrust issues, copyright, intellectual property, franchising, and litigation, Nutter helps its clients navigate the complex regulations governing this innovative and highly dynamic industry. Our clients include television and radio stations, newspapers and publishing companies, and telecommunications carriers and developers of telecommunications products.
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Professionals
- Kadeem Apply
- Seth Berman
- William Bernat
- Mark Burgiel
- Patrick Concannon
- Bryan Connor
- Meaghan Costello
- Theodora Danias
- Paul Eklund
- Olivia Erickson
- Emmanuel Filandrianos
- Emily Fox
- Joshua French
- Jeremy Halpern
- Suzanne Hamel
- Jonathan Harris
- Portia Keady
- Meghan Kelly
- Jeffrey Klayman
- Michael Kushnir
- Thomas Lavan
- Brian Lee
- Mark Leonardo
- Sara Lonks Wong
- Eric Magnuson
- Scott Masaitis
- Thomas Mattioli
- Micah Miller
- Timothy Murphy
- Elizabeth Myers
- Liam O'Connell
- Francesca Oliveira
- Natalia Peña
- Ian Roffman
- Thomas Rosedale
- Alexander Rothschild
- Steven Saunders
- Alexandra Slavet
- Benjamin Stern
- Mark Tarallo
- Andrew Tenzer
- Chelsea Torres
- Randolph Treece
- Thomas Tuytschaevers
- Tracy Vitols
- Alexis Yamin
- Shannon Zollo
Representative Matters
Representative Matters
- ALM Works, Inc.
Nutter served as legal counsel to ALM Works, Inc., the developer of software products to empower project managers around the world with visibility and control, in connection with its acquisition by Tempo Software, a leading provider in team time management and productivity-enhancing solutions.
- UrSure, Inc.
Nutter served as legal counsel to UrSure, Inc., an HIV medication adherence diagnostics company, in connection with its acquisition by OraSure Technologies, Inc. (NASDAQ: OSUR), a leader in point of care diagnostic tests and specimen collection and stabilization devices, and microbiome laboratory and analytical services.
- Gravyty
Nutter served as legal counsel to Gravyty, a market-defining provider of fundraiser enablement solutions powered by artificial intelligence, in connection with a $21 million investment from K1 Investment Management, a leading investment firm focusing on high-growth enterprise software companies.
- Strategic Cyber LLC
Nutter advised Strategic Cyber LLC in connection with its acquisition by HelpSystems, a Minnesota-based IT software company.
- Location, Inc.
Nutter advised Location, Inc., a leader in geographic data sciences and predictive, location-based analytics for businesses across the U.S. and Canada, in connection with its acquisition by CoreLogic (NYSE: CLGX), a leading global property information, analytics, and data-enabled services provider.
- Innovation Associates
Nutter served as legal counsel to Innovation Associates, the market-leading provider of high-volume pharmacy automation technology and software solutions to the retail, hospital, government, and mail order pharmacy markets, in connection with a consortium of investors led by Greg Wasson, the former Walgreens Boots Alliance CEO, acquiring a majority stake to scale the business and enhance its pharmacy automation offerings.
- McCarthy Capital
Nutter served as legal counsel to McCarthy Capital Fund VI in connection with its partnership with Big Belly Solar, the global leader in smart waste solutions for public spaces, to recapitalize Bigbelly and provide further cash investment to accelerate growth.
- miEdge
Nutter served as sole legal advisor to miEdge, the premier provider of lead generation, data analytics, and prospecting solutions specifically designed for the insurance industry, in its acquisition by Zywave, the leading insurtech provider powering agency growth.
- Mide Technology Corporation
Nutter served as sole legal advisor to Midé Technology Corporation, a U.S. company which provides engineering services including problem solving through modeling and analysis, electronic prototyping, commercial research and development, and forensic engineering services, in its acquisition by Paris-based Hutchinson S.A., which manufactures industrial, automotive, and consumer rubber products such as hoses, tubing, bumpers, spoilers, sealants and adhesives, rubber gloves, baby car seats, and sponges.
- Secured favorable settlement for client in “bet the company” case
Nutter represented a startup speech recognition technology company defending numerous simultaneous lawsuits in multiple jurisdictions in a momentous patent war with a much larger rival company. Through Nutter’s efforts, the client was able to achieve a global settlement on very favorable terms.
- Globe Composite Solutions, LLC
Nutter served as legal advisor to Globe Composite Solutions, LLC (Globe), a navy submarine supplier, in its acquisition by ESCO Technologies Inc. (NYSE: ESE), a global provider of highly engineered products and solutions to diverse and growing end-markets that include the aerospace, space, healthcare, wireless, consumer electronics, electric utility, and renewable energy industries.
- Senior management
Nutter represented certain senior management in connection with the sale of ZappRx to Allscripts.
- Waveguide Inc.
Nutter represented Waveguide Inc., a New Hampshire-based company that specializes in outside plant services for the telecommunications industry, in its merger with Maicom LLC, a provider of critical infrastructure needs.
- Powerhouse Dynamics
Nutter represented Powerhouse Dynamics, a software company based in Newton, MA, when it was acquired by merger by Middleby Corporation, a publicly traded commercial and residential cooking and industrial process equipment company based in Elgin, IL. Powerhouse Dynamics uses cloud-based controls and analytics to deliver enterprise-wide operational efficiency, food safety, and energy efficiency solutions to portfolios of small commercial facilities, including restaurants, convenience stores, retailers, and more.
- Group RHI
Nutter represented Group RHI, a rapidly growing player in the retirement services industry, in its acquisition of Pension Studio, a third party retirement plan administrator with offices in Florida and New England.
- Veracross LLC
Represented Veracross LLC, a provider of software and services to independent primary and secondary schools, in its majority recapitalization by BV Investment Partners, a middle-market private equity firm focused on the business services, software, and IT services sectors.
- Group RHI
Nutter represented Group RHI, a rapidly growing player in the retirement services industry, in its acquisition of Billings and Company, LLC, an Iowa-based recordkeeping and qualified plan administration company.
- Group RHI
Nutter represented Group RHI, a rapidly growing player in the retirement services industry, in its acquisition of America’s 401k, LLC, a Dallas, TX-based, independent third party administrator focused on serving small businesses in offering qualified retirement plans to their employees, and Retirement Investment Administrators, LLC, a recordkeeping and qualified plan administration company also based in Dallas, TX.
- T3 Expo, LLC
Nutter represented T3 Expo, LLC, the general contractor for creating shareable moments™ for tradeshows and corporate events, in its financing with MB Capital Fund IV, LLC.
- Palisade Corporation
Represented Palisade Corporation, an Ithaca, New York-based provider of risk modeling and decision analysis software, in its recapitalization by Thompson Street Capital Partners (TSCP), a private equity firm based in St. Louis, MO.
- WegoWise, Inc.
Nutter represented WegoWise, Inc., a provider of cloud-based software solutions to owners and managers of buildings to help understand, track, and improve building utility efficiency, in the sale of substantially all of its assets to AppFolio, Inc. (NASDAQ: APPF), a leading provider of cloud-based business software solutions in the real estate and legal markets.
- Atlas Devices
Nutter advised Atlas Devices, LLC, a leading developer, manufacturer, and supplier of rapid access solutions, in its recapitalization by Anvil Capital.
- Collaborative Consulting, LLC
Nutter represented Collaborative Consulting, LLC in its acquisition by CGI Group Inc. (NYSE: GIB) (TSX: GIB.A), a leading provider of information technology and business processing services, through its wholly-owned U.S. subsidiary, CGI Technologies and Solutions Inc.
- McCarthy Capital
Nutter represented McCarthy Capital, a private equity investment firm, when it led a recapitalization and growth equity investment in Seven10 Storage Software, LLC to further accelerate growth.
- Clintara
Nutter advised Clintara in the sale to strategic acquirer Bracket Global, LLC.
- McCarthy Capital
Nutter represented McCarthy Capital, a private equity investment firm, when it partnered with Bamboo Rose, a provider of the digital B2B Marketplace for retailers, to continue its expansion.
- Netra, Inc.
Nutter represented Netra, Inc., a leader in Visual Intelligence and Search, when it closed $1.85 million in Series Seed financing led by Launchpad Venture Group and NXT Ventures with participation from Zelkova Ventures, Mark Cuban, Berwind LLC, and other prominent angels.
- Won acquittal after three-week securities fraud trial in federal court for general counsel of publicly traded software company
Nutter won an acquittal after a three-week trial in federal court for the general counsel of a publicly-traded software company charged with securities fraud and false statements in the first prosecution arising out of the AOL/Time Warner merger.
- AI Company in Copyright Litigation
Nutter represented a company that develops AI solutions for a wide range of commercial applications in copyright litigation against a former business partner. The firm prepared a strong non-infringement case based on a deep analysis of the software’s source code. The case settled favorably shortly before trial.
- AppwoRx LLC
Nutter served as legal counsel to AppwoRx LLC, a Boston-based medical technology manufacturer, in connection with its acquisition by PatientNOW, a private equity-backed computer software company headquartered in Englewood, CO.
- Baril Corporation
Nutter served as legal counsel to Baril Corporation, a leading medical specialty manufacturer of infection prevention, wound care, clinical chemistry, patient monitoring, and medical and surgical consumable products, in its acquisition by TEAM Technologies, Inc., a leading North American healthcare specialty manufacturer focused on oral and dental care and medical end markets.
- Beyonic, Inc.
Nutter served as legal counsel to Beyonic, Inc., a digital payments management provider of business services for SMEs, fintechs, and social impact entities across Africa, in its acquisition by MFS Africa Limited, Africa’s largest digital payments hub.
- Biofuels in patent litigation
Nutter defended a producer of genetically modified organisms used in ethanol production in a jury trial during which a competitor alleged infringement of a patent directed to transgenic yeast. The parties ultimately entered into a mutually-beneficial joint agreement, which includes a license to the patent-in-suit.
- Code-X, Inc.
Nutter served as legal counsel to Code-X, Inc., a software development company, in connection with a Series A financing.
- Copley Equity Partners
Nutter served as legal counsel to Copley Equity Partners, a Boston-based private investment firm, in its investment to recapitalize, and facilitate the merger of, Aethon Aerial Solutions and Flight Evolved.
- Copley Equity Partners
Nutter served as legal counsel to Copley Equity Partners, a Boston-based private investment firm, in connection with Gregory FCA’s acquisition of Affect, a B2B-focused firm serving technology, health care, and professional services clients. Gregory FCA, one of the nation’s 50 largest public relations firms, is a Copley portfolio company.
- CRIO
Nutter served as legal counsel to CRIO, Inc., a leading provider of eSource and other eClinical technologies, in a significant investment from The Riverside Company, a global growth oriented private equity firm.
- Definiti
Nutter served as legal counsel to Definiti, a private equity-backed, national leader in the retirement services industry, in connection with its acquisition of Wisconsin-based National Administration, Inc (NAI).
- Definiti LLC
Nutter served as legal counsel to Definiti LLC, a private equity-backed, national leader in the retirement services industry, in connection with its acquisition of Boetger Retirement Plan Services, LLC, a full-service design, recordkeeping, administration, and consulting firm specializing in administration of qualified retirement plan programs based in Pennsylvania.
- Definiti LLC
Nutter served as legal counsel to Definiti LLC, a private equity-backed, national leader in the retirement services industry, in connection with its acquisition of Capital Retirement Plan Services, LLC.
- Definiti LLC
Nutter served as legal counsel to Definiti LLC, a private equity-backed, national leader in the retirement services industry, in connection with its acquisition of Dana Consulting Group, Ltd. and Noble-Davis Consulting, Inc., two firms in the Great Lakes Region.
- Dragonfly Group Inc.
Nutter served as legal counsel to Dragonfly Group Inc., a technology-enabled platform acquiring and scaling standout e-commerce brands, in a significant, proprietary investment from the Flagship Buyout Fund of L Catterton, the largest global consumer-focused private equity firm.
- Eastprint Incorporated
Nutter served as legal counsel to Eastprint Incorporated, a printed electronics solutions provider, in connection with its acquisition by East West Manufacturing, LLC, an integrated design, engineering, manufacturing, and distribution services partner for original equipment manufacturers and distributors throughout North America and Europe.
- German Information Services Company
Nutter advised a German information services company about risk factors associated with making automated use of third-party technical content in databases for purposes of enabling call center support.
- GPS-Based Pet Containment and Tracking Collar Company
Nutter represented a company that designs and sells a GPS-based pet containment and tracking collar in asserting multiple patents against a competitor (who brought counterclaims relating to, among other things, alleged false marketing statements). Litigation spanned district court and PTAB (IPR proceedings). Nutter obtained a favorable claim construction ruling and numerous discovery-related rulings. Nutter’s IP Litigation team completed fact and expert discovery and obtained key concessions from witnesses. Within a few months of trial, the court granted our motion to expand infringement allegations to allow the assertion of infringement under the doctrine of equivalents. Shortly thereafter, the case settled favorably.
- Great American Mining, Inc.
Nutter represented Great American Mining, Inc., a Bitcoin mining company that provides a utilization solution for oil and gas producers that have stranded energy that cannot be brought to market, in its sale to Crusoe Energy Systems, LLC.
- Information Storage Company
Nutter assisted an information storage company that has a significant international presence with executing a strategy to challenge and remove blocking trademark registrations, allowing the client to establish global trademark registration rights with respect to the name of a key business initiative.
- Intergraph Corporation
Nutter achieved a significant win for its client Intergraph Corporation. Intergraph invented a distinct graphic for the on-screen display of its software product and engaged Tom Tuytschaevers to obtain a “design” patent for the graphic. A design patent is a patent that grants ownership to the ornamental design of a product. The Examiner at the U.S. Patent and Trademark Office (“U.S.P.T.O.”) rejected Intergraph’s application based on the Examiner’s erroneous interpretation of the statute and a U.S.P.T.O. precedential decision. Tom persevered through a multi-year battle with the U.S.P.T.O., including a successful appeal to the U.S.P.T.O.’s Patent Trial and Appeal Board (“Board”). Tom researched the evolution of the U.S.P.T.O.’s standards for design patents, briefed the appeal, and represented Intergraph at oral arguments before the Board, ultimately convincing them to rule in Intergraph’s favor. The Board’s decision clarifies the U.S.P.T.O.’s design patent standards and holds the potential to change the way the U.S.P.T.O. examines design patent applications for computer displays.
- Invoke Solutions, Inc.
Nutter served as legal counsel to Invoke Solutions, Inc., a research and content testing platform that serves many of the world's top video streaming services and broadcasters, in connection with its acquisition by MarketCast LLC.
- OpenClinica
Nutter served as legal counsel to OpenClinica, an industry-leading clinical research solutions provider based in Waltham, MA, in connection with a strategic investment with Thompson Street Capital Partners.
- REAL Software Systems
Nutter served as legal counsel to REAL Software Systems in connection with its acquisition by Rightsline, the leading rights and finance management platform for the media and entertainment industry.
- Redi2 Technologies, Inc.
Nutter served as legal counsel to Redi2 Technologies, Inc., a leading provider of revenue management and hosted fee-billing solutions in the global financial services industry, in connection with its acquisition by Envestnet.
- SaaS Platform and Mobile Application Company
Nutter drafted a user agreement for a SaaS platform and accompanying mobile application specific to the event planning and hospitality fields, which involved providing privacy/data protection advice and guidance about user-generated content copyright liability risks.
- Smart notebook company in patent litigation
Nutter represented a company that designed and sells reusable smart notebooks in patent litigation against Chinese companies attempting to enter the U.S. market with infringing products by filing a declaratory judgment action of non-infringement. The firm constructed a strong infringement argument and convinced declaratory judgment plaintiffs to dismiss the case before the client had to file an answer or spend significant money.
- Software company in intellectual property litigation
Nutter represented a software company that sued a Fortune 100 computer hardware, software, and services company for copyright infringement, breach of license agreement, and breach of contract (among other causes of action) as a result of unauthorized copying and use of the client’s software to design and develop a competing product. Nutter defeated the motion to dismiss. The firm architected and executed a discovery strategy that revealed a weakness in the opposing party’s case. The case settled very favorably shortly thereafter.
- Software Developer
Nutter prepared and negotiated a master services agreement and subsidiary agreements for a software developer under which the client both developed software for a multinational company and also retained and licensed certain core software.
- Ticket Evolution
Nutter served as legal counsel to Ticket Evolution Inc. (“Ticket Evolution” or the “Company”), an end-to-end software provider for the event ticketing industry, in connection with its acquisition by Clearlake Capital Group, L.P. (together with its affiliates, “Clearlake”) and Clearlake operating advisor Sam Soni.
- Verista
Nutter advised Verista, a leading business and technology consultancy firm, in connection with its acquisition of ILB Enterprises.
- Veristat, LLC
Nutter served as legal counsel to Veristat, LLC, a scientifically minded global clinical research organization (CRO), in its acquisition by WindRose Health Investors, LLC, a New York City-based health care private equity firm.
- Vestigo Ventures
Nutter served as legal counsel to Vestigo Ventures in connection with its closing of Vestigo Ventures Fund II, L.P. with $117.3 million total fund commitments, surpassing its fundraising goal.
- Vestigo Ventures
Nutter served as legal counsel to Vestigo Ventures in connection with its closing of a $6 million financing round in ForMotiv, the leader in digital behavioral data capture and predictive analytics solutions used by Fortune 500 insurance carriers and financial institutions carriers globally.
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Experience
- ALM Works, Inc.
Nutter served as legal counsel to ALM Works, Inc., the developer of software products to empower project managers around the world with visibility and control, in connection with its acquisition by Tempo Software, a leading provider in team time management and productivity-enhancing solutions.
- UrSure, Inc.
Nutter served as legal counsel to UrSure, Inc., an HIV medication adherence diagnostics company, in connection with its acquisition by OraSure Technologies, Inc. (NASDAQ: OSUR), a leader in point of care diagnostic tests and specimen collection and stabilization devices, and microbiome laboratory and analytical services.