Contact Whitney H. Leibow

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Michael J. Erickson

Business Attorney

315 Fifth Avenue S, Suite 1000
Seattle WA 98104
206.676.7000
slg@summitlaw.com

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Whitney H. Leibow

Business

(206) 676-7010

whitl@summitlaw.com

Profile Introduction

Whit heads up Summit's technology and intellectual property practice and is a member of the firm’s corporate finance group. Whit advises a variety of clients, ranging from venture-backed start-ups to Fortune 500 enterprises, on issues relating to the development, marketing, licensing, transfer and protection of intellectual property assets, both in the U.S. and internationally. Whit’s practice includes substantial work with telecommunications and wireless technology companies on new product development, operations, marketing, procurement, content, and licensing transactions. Given his past business development and operations-related roles in this area, with stints at Microsoft and Aventail Corporation (Aventail was acquired by SonicWall and is now a part of Dell), Whit’s practice has evolved such that he is routinely called upon to assist clients’ business operations and engineering teams in the drafting, negotiation and rollout of large-scale technology implementations, including enterprise-wide software systems, data center migrations/build-outs and intelligent contact routing solutions. Whit has experience working as lead IP counsel in a variety of mergers and acquisitions, addressing the due diligence review of strategic agreements, open source software, data privacy and security issues and similar matters. Finally, Whit’s decade-plus experience representing banks, capital financiers and businesses in distressed transactions and associated insolvency proceedings enables him to counsel clients around financing and asset acquisition/disposition matters involving less than optimal business scenarios.

Representative Cases/Matters

Intellectual Property/Technology Development:
  • Intellectual property licensing
  • Software development, licensing and distribution (worldwide/domestic, inbound/outbound)
  • End-user, shrink-wrap and online license agreements
  • Hardware manufacturing, sales and distribution on a worldwide basis
  • Maintenance and support agreements
  • Technology transfers and source code escrows
  • Entertainment/games media development and licensing
  • Copyright and intellectual property protection
  • SaaS, ASP and service bureau models
Services:
  • Technology procurement and business process outsourcing
  • Purchase and sale of complex services
  • Consulting, technology development and other professional services agreements
  • Maintenance & technical support programs and agreements, including those involving systems engineering and software consulting
  • Managed/outsourced services and support agreements
Internet/E-Commerce:
  • Marketing/advertising collateral review
  • Search/SEO related agreements
  • Analytics/Big Data transactions
  • Internet co-location and hosting agreements
  • Carrier contracts (transport and managed services associated with same)
  • Peering agreements
  • ISP terms of service
  • Online service level agreements (SLAs)
  • Acceptable use policies (AUPs)
  • Co-marketing relationships
  • Domain name rights
  • Copyright protection and enforcement
  • Internet service providers
  • Privacy policies and privacy Issues
  • Data security
  • Spam law
  • Web site development, review and administration 
Strategic Alliances and Co-Marketing Arrangements:
  • Business development and partnering programs
  • Co-marketing, affiliate licensing, joint venture and co-branding arrangements
  • Distribution and reseller relationships
  • International supply, manufacturing and distribution agreements, including VAR and OEM
  • Advertising, co-marketing, banner and linking arrangements

Memberships

  • Executive Editor, California Bankruptcy Journal (1993-1996)
  • Editor, Entertainment Law Journal (1990-1991); Staff Member (1989-1990)

Education

  • Loyola Law School (J.D., 1991)

Bar Admissions

  • Washington State
  • California
  • Oregon

Clerkships

  • Honorable John J. Wilson, United States Bankruptcy Court for the Central District of California (1991-1992)