Technology & IP Transactions

When technology, software or IP assets are key components of a transaction, investors need to fully understand the assets at stake and whether they are adequately protected.


Massumi + Consoli helps clients maximize the value of such assets in the context of M&A, growth equity and finance transactions, as well as in strategic and commercial agreements.

Massumi + Consoli’s Technology & IP Transactions practice combines profound technical knowledge, industry-specific commercial insight and refined legal expertise to assist clients in navigating the complexities of major transactions involving technology, software and IP. Our extensive experience allows our team to excel in identifying and structuring the distinctive aspects of these transactions.


Our practice works as part of the firm’s deal teams to ensure the seamless integration of technology and IP considerations in all forms of transactions, including M&A, growth equity and financing transactions, as well as stand-alone technology transactions such as joint ventures, strategic alliances, licenses, outsourcing, collaborations and other strategic commercial investments.


We coordinate with clients as part of our diligence process to analyze a target’s technology, software and IP assets and confirm that the ownership and use of these assets is adequately supported and protected. When issues are identified, we provide risk mitigation counseling and offer creative solutions to keep the deal moving forward. Post-transaction, our team provides full lifecycle support, helping to address any identified issues, safeguard assets and draft agreements as needed for portfolio companies to license and commercialize their technology. We also help clients develop strategies to best protect and optimize core IP assets.


Our deep technical expertise and history with software transactions sets us apart from other firms. Our lawyers help clients solve issues that are unique to software deals, including challenges with software development, source code protection and open-source software usage. Specifically, in the context of open-source diligence, we provide knowledgeable guidance in conducting open-source conflict analyses and compliance audits, and we work seamlessly with clients’ technical auditors to evaluate and develop strategies to mitigate related risks.


Outside of the investment context, we routinely advise clients on negotiating stand-alone technology contracts that involve commercializing, buying, selling and developing technology. Such contracts include agreements related to technology licensing, distribution and reselling, manufacturing and supply, joint development and research, joint ventures, strategic alliances, collaborations, software delivery (including maintenance and support) and outsourcing.


Our particular experience in facilitating unique and innovative commercial transactions, as well as our thorough understanding of matters involving high-value IP, technology, software and data assets, enables us to develop robust solutions that achieve commercial objectives and that also comply with the critical regulations and other legal considerations that govern this space.


As businesses grow increasingly reliant on technology, the frequency and breadth of data breaches also grow, increasing the potential for data leaks, disrupted operations, damaged reputations and significant scrutiny from regulators and other authorities. Our Technology & IP Transactions practice works closely with our Cybersecurity & Data Privacy practice to offer a comprehensive, all-in-one solution for clients seeking to protect not only their technology but their sensitive data as well.

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