Commercial Counsel & Contracting

As general counsel roles become more daunting and the demands on in-house legal and contracts departments more taxing, Maynard Nexsen’s Commercial Counsel & Contracting attorneys partner with clients to provide tailored solutions to help ease those burdens and drive growth.

We proudly serve as outside general counsel for clients across a wide range of industries, from entrepreneurial start-ups and thriving middle-market businesses to established Fortune 500 companies. Our clients include privately held, publicly traded, and governmental entities.

Experienced Guidance & Practical Solutions

Our team brings decades of combined experience as in-house counsel, outside general counsel, and advisors to in-house legal and contracts teams. This hands-on experience equips us with the proven know-how to assess a business’s unique situation, develop effective strategies, and implement practical, business-minded solutions.

At the core of our practice is a commitment to genuine partnership. We immerse ourselves in your business operations – your culture, risks, and industry nuances. This deep understanding allows us to deliver innovative and cost-effective solutions precisely when you need them. We proactively collaborate with owners and management to stay aligned with their evolving goals and challenges.

Whether clients require immediate legal counsel to resolve an urgent issue or strategic guidance to achieve long-term objectives, we are here to listen, learn, and understand the client’s business inside and out. Our holistic approach enables us to anticipate challenges, offer proactive solutions, and serve as your trusted advisor at every stage of growth. Our outside general counsel approach combines a business-first mindset with deep industry knowledge, regulatory expertise, and extensive experience across key business operations, all to help clients achieve their objectives while effectively mitigating risk.

Seamless Integration With Your Outside Counsel

Clients can consider our Commercial Counsel & Contracting attorneys as their dedicated outside general counsel. A central point of contact (one attorney or a small team) ensures continuity and efficiency in each client’s legal strategy. Leveraging Maynard Nexsen’s full-service platform and our collaborative team approach, we blend broad general counsel experience with specific, often highly specialized, legal expertise relevant to each client’s unique business needs. With this approach, our clients benefit from sophisticated legal support, precisely when and for as long as they need it.

Your Comprehensive Legal Resource: Coordination & Oversight

As your Commercial Counsel & Contracting team, we are positioned to coordinate and oversee:

• Regulatory Compliance: Ensuring adherence to industry-specific regulations and corporate governance requirements
• Risk Management: Identifying potential legal risks and implementing proactive strategies to mitigate them, including vendor management
• Employment & HR Matters: Advising on employment contracts, workplace policies, and dispute resolution
• Mergers & Acquisitions: Assisting with due diligence, contract negotiations, and integration strategies
• Data Privacy & Security: Developing and/or reviewing policies and procedures
• Intellectual Property: Advising on trademark, patent and other intellectual property protection, monetization, and strategy
• Real Estate: Handling real property transactions, including acquisitions, dispositions, and commercial leasing
• Corporate Structuring: Advising on entity formation, governance, and shareholder agreements

Contracts & Technology: Minimizing Risk & Maximizing Opportunity

Commercial contracts and technology issues are often key areas of concern for businesses. Our dedicated Commercial Counsel & Contracting team expertly manages all aspects of contract services, from drafting, review, and negotiation to administration. We handle complex, high-stakes agreements often involving multiple parties, substantial financial commitments, or international considerations. Our comprehensive contract analysis identifies deficiencies and risks, ensures regulatory compliance, and aligns contractual obligations with our clients’ overarching business objectives. Our expertise spans the full spectrum of provider-side and procurement-side contracting for goods, services, software, technology, and IP commercial transactions, all focused on increasing revenue, ensuring regulatory compliance, and mitigating risk.

Key types of supply chain and services contracts that we frequently work with include:

• Manufacturing Agreements
• CapEx Equipment Procurement & Installation Agreements
• Terms of Purchase and Terms of Sale
• Services Agreements
• Private Label Agreements
• Distribution, Channel Partner and Reseller Agreements
• Consignment Agreements
• Referral/Finder Agreements
• Consulting, Professional Services, Subcontractor and Independent Contractor Agreements
• Standard Warranties
• Equipment Purchase and Lease Agreements
• Volume and Growth Incentive Agreements
• Confidentiality and Nondisclosure Agreements

Key types of technology agreements we handle include:

• Software as a Service (SaaS), Platform as a Service (PaaS), and Infrastructure as a Service (IaaS) Agreements
• Technology Licensing Agreements
• Development/Joint Development Agreements
• Mobile Application Development and Licensing Agreements
• Cloud Hosting and Computing Agreements
• End User License Agreements (EULA)
• Enterprise Resource Planning (ERP) Agreements
• Co-Location and Data Center Agreements
• Database and Data Sharing & Licensing Agreements
• IT Professional Services Agreement
• NFT, Blockchain, Internet of Things (IoT) and AI Related Agreements
• Managed Service & Managed Security Services Provider Agreements
• Website Terms of Use
• Trademark, Copyright and Patent License Agreements

Additional unique transactions and risk evaluation services include:

• Unique and complex commercial contract arrangements involving novel products, services or transactions which have otherwise not been committed
• Development of contract negotiation playbooks based on each client’s specific business and risk profile

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