Intellectual Property |
Commercial Contracts

Commercial Contracts

Lowenstein’s Commercial Contracts practice group focuses on the full spectrum of commercial contracts across a wide range of industries, including ad tech, fintech, life sciences, software, big data, social media, blockchain, media and entertainment, retail (online and brick and mortar), beauty, fashion, and food and beverage.

Unlike other firms, which typically do not have a team of attorneys dedicated solely to commercial contracts, our multidisciplinary group focuses on providing practical, efficient, and responsive business and legal services in connection with all facets of the contracting process.

Our team of experienced drafters and negotiators understands that in the world of contracting, there is no such thing as a one-size-fits-all agreement. We seek to understand not only our clients’ products, services, and businesses, but also the industries in which they operate, their customers, their competitors, and the commercial realities of their markets. By taking a deep dive into these areas, we can better assess, understand, and help achieve our clients’ goals.

Our clients range from startup and mid-market companies to large private and public corporations and universities.

Our attorneys regularly advise clients on the following types of agreements:

Nondisclosure/Confidentiality Agreements
Services and Master Services Agreements
- Personal and Professional Services
- Consulting Services
- Software-as-a-Service
- Platform-as-a-Service
- Blockchain-as-a-Service
License Agreements
- Software
- Data
- Trademarks
- Patents
- Copyrights
- Content
- Persona Rights
Research Agreements
- Product Development
- Sponsored Research
- Unrestricted Grants
- Material Transfer Agreements
- Clinical Trial Agreements
- Investigator Agreements
- Contract Research Organization
Manufacturing Agreements
- Toll Manufacturing
- Filling
- Packaging
- Supply
Marketing and Sales Agreements
- Marketing and Promotions
- Sponsorships
- Product Placements/Product Integration
- Influencers
- Distribution
- Joint Development
- Reseller/Value-Added Reseller
- Sales Representative/Referral
- OEM
- Co-Promotion
- Inventory Management
- Fulfillment
- Wholesaler
- Third-Party Logistics
Media & Entertainment Agreements
- Production & Distribution Agreements
- Underlying rights agreements
- Publishing agreements

Lowenstein’s Commercial Contracts practice group helps companies gain a competitive advantage through the conceptualization, drafting, and negotiation of your most important agreements. Let us help you get to “yes.”

Practice Leadership

Matt Savare
Partner
Chair, Commercial Contracts
Vice Chair, Lowenstein Crypto

EXPERIENCE

Counseled Bayer and their advertising agency on all aspects of its Heart Health Education Campaign for American Heart Month in connection with the campaign’s intellectual property and rights of publicity (including logos, the branding rights of sports leagues, and the persona rights of individuals appearing in the advertising).

Represented Charles Tyrwhitt, a respected menswear brand with UK heritage and operations based in London and New York City, in a multiyear partnership with NFL team the New York Jets spanning the New York Domestic Marketing Area (DMA) to the United Kingdom, under the club's recently acquired expanded territory rights.

Represented investment platform Titan in its first-of-its-kind exclusive partnership with Cathie Wood’s ARK Invest to launch the ARK Venture Fund, exclusively available to retail investors on Titan and aimed at democratizing access to venture capital funds for the everyday investor.

Represented Figment, one of the world’s largest blockchain infrastructure and services providers, in the execution of a first-of-its-kind staking-yield swap with FalconX, a digital assets and cryptocurrency platform for institutional investors.

Represent The Estée Lauder Companies Inc. in connection with various investments and acquisitions, with a particular emphasis on intellectual property and right of publicity issues.

Represent numerous hedge, private equity, and other funds and their portfolio companies regarding data privacy, data security, and information technology and services agreements.

Represent athletes, celebrities, agencies, and major brands in connection with endorsement and personal appearance deals.

Represent agencies, brands and influencers in connection with influencer marketing agreements and brand partnerships across various industries.

Represent companies involved in every facet of the ad tech ecosystem, including the world's leading publishers, ad networks, ad exchanges, DSPs, SSPs, and data aggregators.