Andrew Klungness

Partner, Bryan Cave

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 “bestpractices” 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.

Mr. Klungness also advises clients with respect to issues that arise from clients’ use of social media. He has drafted numerous social media policies and counseled numerous clients with respect to such issues.

Mr. Klungness is increasingly serving as “outside general counsel” to a number of his clients, in particular start-up ventures, emerging companies, and Asia-based businesses expanding into North America.

Mr. Klungness has performed his services for clients in a wide range of industries, including information technology, retail, gaming, cosmetics, multi-level/network marketing, entertainment and media(particularly interactive entertainment), e-commerce, telecommunications, apparel, toy and game,consumer goods and financial services.Mr. Klungness is frequently quoted by major media outlets on technology, ecommerce, and privacy matters, and speaks on such matters to legal and industry groups. In addition, he was selected as one of the Southern California Super Lawyers “Rising Stars” for 2006-2011 by the publishers of Law and Politics and Los Angeles Magazine.

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