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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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Representative Matters

Representative Matters

  • 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.

  • Summary Judgment Victory: Adam Ercolini v. The Commerce Insurance Company

    After Adam Ercolini collided with a Commerce insured vehicle and suffered collision damage to his car, Commerce paid to repair Ercolini’s car and restore it to its prior condition. Ercolini nevertheless sued Commerce on his own behalf (as a third-party claimant) and on behalf of a putative class. According to Ercolini, Commerce had to pay for “inherent diminished value” damages (or IDV damages), the alleged difference in market value of a car that has been fully repaired after an accident compared to the market value of the same car before the collision. The underlying theory: there is an alleged stigma attached to vehicles that have been in an accident, regardless of repair. Ercolini asserted claims for breach of contract, declaratory judgment, and alleged violations of G.L. c. 93A.

    Commerce moved for summary judgement. Judge Salinger granted the motion. Judge Salinger grounded his decision, in part, on his synthesis of Massachusetts tort law: “[W]here damaged property has been fully repaired, and the responsible party has paid the full repair costs, . . . the property owner is not entitled to collect and the responsible party is not obligated to pay any additional amount for residual diminution of value.” He concluded: “[U]nless and until the appellate courts change this rule, the policy language at issue here does not give [Ercolini] any right to recover for alleged IDV damages in addition to recovering the full cost to repair [his] vehicle[].”

    Nelson Apjohn and Eric Magnuson led the Nutter team. Melanie Woodward and Joe Toomey assisted in early investigation of the facts and legal issues and in serving and responding to discovery. Nehal Khorraminejad and Maya Ginga assisted in preparing the motion for summary judgment. The entire team was assisted by Kate Johns, Paige Smith, Jennifer Catarius, Chris Feldman, Kelly Cannizzaro, and Lila Abraham.

  • 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 recent financing with MB Capital Fund IV, LLC.

  • Palisade Corporation

    Nutter 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.

  • 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. 

  • 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.

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