Andrew Klungness is the leader of the Commercial Practice Team. His practice focuses primarily on the areas of strategic transactions, complex commercial contracts, and commercial exploitation of intellectual property rights. He has extensive experience structuring and negotiating joint ventures, software, merchandise, content, trademark, patent and technology licenses, joint development, co-branding and cross-promotion agreements; and other strategic relationships. Mr. Klungness has particular focus on negotiating and managing outsourcing and other strategic sourcing relationships on behalf of his clients. He also structures, negotiates and documents a wide range of general commercial transactions such as manufacturing (including OEM and ODM), consulting, distributorship, sales representative and reseller arrangements; and sales and leases of hardware.
Mr. Klungness assists clients in doing business on the Internet. In this regard, he has drafted and negotiated Web development, Web hosting, co-location, linking, domain name purchase, advertising and similar Internet-related business agreements, and drafted privacy policies and terms and conditions of use for a wide variety of Web sites. Mr. Klungness also provides strategic counseling regarding “best practices” to reduce the risks associated with doing business online. He has particular experience in designing and implementing various strategies to avoid liability arising from the intellectual property rights of others.
Mr. Klungness has broad experience counseling clients with respect to the acquisition, management, and exploitation of their intellectual property rights. Related to this, he frequently consults as a subject matter expert in intellectual property and technology litigation, as well as in mergers, acquisitions, financings, and other corporate and securities matters. He provides advice regarding the acquisition of intellectual property rights, including the selection of trademarks, common law rights in trademarks, trade names, product configurations and trade dress, and represents clients before the Patent and Trademark Office and the Copyright Office. In addition, Mr. Klungness advises on copyright and technology issues such as enforceability of click wrap/shrink licenses, DMCA, fair use, reverse engineering, and contributory/vicarious infringement. He also counsels clients with respect to the management of their intellectual property portfolio, including maintaining and cost-effectively enforcing their rights through informal settlement, arbitration and litigation.