Andrew Klungness focuses his practice on intellectual property, technology and media transactions. Leveraging nearly two decades of business and legal experience, Andrew navigates clients through the opportunities and risks faced by both emerging and mature companies, and helps his clients reach and exceed their business objectives. He counsels clients in a number of industries, including retail, e-commerce, mobile, social media, interactive entertainment, digital media, games, consumer products, edtech and financial services and fintech, among others.
Andrew negotiates strategic alliances, joint ventures and other collaboration and partnering arrangements involving the commercial leveraging of intellectual property rights. Andrew also focuses his practice on negotiating and managing strategic sourcing relationships on behalf of his clients. He structures and negotiates a wide range of general commercial transactions, including software licenses and implementation transactions (both SaaS and on-premises); cloud; outsourcing transactions (ITO and AD/M); manufacturing (including OEM and ODM); consulting agreements; channel partnerships (sales representative, distributor, and reseller); merchandise licensing; content, trademark, patent and technology licenses; joint development agreements; and co-branding and cross-promotion agreements.
In addition to his experience leading significant, complex and high-dollar value transactions, Andrew also has considerable experience helping his earlier stage clients develop, protect and monetize the value of their technology and intellectual property assets.
Andrew provides strategic counseling regarding best practices to reduce the risks associated with doing business online, through mobile platforms, on social media, through automation and connected devices, as well as on VR/AR platforms. This often involves issues around intellectual property, consumer protection (e.g., subscription auto-renewal law), international issues, and privacy.
Andrew has been recognized as a top technology transactions attorney in Santa Monica by Super Lawyers (2015-2018) and noted as one of the top partners to work for by Above the Law (2010).
Prior to joining Fenwick & West, Andrew was a partner in the commercial practice of a leading international law firm.
Andrew received his J.D. from the University of New Hampshire School of Law (formerly Franklin Pierce Law Center) in 1999 and his B.A., cum laude, from Ohio Wesleyan University in 1996.
Andrew is a member of the State Bar of California. He is admitted to practice before the U.S. Court of Appeals for the Federal Circuit and the U.S. District Courts for the Central, Eastern, Northern and Southern Districts of California.
Prior Firm Experience:
- Major bank in establishment of strategic partnership with leading blockchain/cryptocurrency company for cross-border payment solution.
- Emerging IoT provider in strategic partnership with leading telecommunications company for the offering of IoT platform solution for SMB customers.
- Heavy equipment manufacturer in all matters relating to development of app-based marketplace for used equipment.
- Major regional bank, Fortune 500 Company, and numerous other clients in migration of IT operations and company data to cloud-based solutions; engagement included negotiation of agreements with cloud providers, leading consideration of regulatory issues, and development of company policies with respect to cloud technology usage.
- Leading retailer in negotiation of >$50 MM transaction for factory robotics/automation solution.
- Leading hospitality company in development and offering of leading-edge “connected room” solution; engagement includes negotiation of content and app in-license agreements, negotiation of hardware manufacturing agreements, IT infrastructure transactions, and intellectual property strategy.
- “Outside general counsel” for leading dating and social networking application, engagement includes managing relationships with global user base, crisis and litigation management, privacy matters, programmatic advertising program, technology and brand partnerships, and management of all commercial contracts.
- Emerging provider of SaaS CRM solutions in development of customer agreement and “playbook” for customer negotiations.
- Leading manufacturer of consumer products in hundreds of transactions in support of product development; in/out licensing; advertising; including recent strategic partnerships for development and launch of 3-D printing product, various “smart toys”, VR/AR, and robotics.
- Leading manufacturer of consumer products on a wide variety of high-dollar value and mission critical ITO, ADM, and BPO outsourcing, and information technology, transactions.
- Fortune 150 company in negotiation of agreements and end-user documentation for development, distribution, marketing, and sale of “smart” thermostat product and counseling on all social media matters.
- Mission-driven social media company in development of form service agreements and successful negotiations with numerous Fortune 500 companies and leading non-profits.
- Leading manufacturer and wholesaler of computer peripherals, networking solutions, and electronics/mobility accessories in developing and implementing program to manage all commercial contracts.
- National retailer in development of policies for negotiation of all commercial contracts; build and manage team for negotiation of all commercial agreements; develop and implement system to manage budgeting, status, management, and execution of commercial contracts.
- Leading developer and publisher of mobile and social games in numerous development and acquisition transactions, licensing in of celebrity name and likeness rights, and licensing out of game rights for exploitation in foreign jurisdictions.
- Leading provider of interactive television technology in transactions for provision of hardware and software solution to cable and satellite network operators; preparation of form supply chain agreements and negotiation of same; negotiation of agreements with retailers; and outsourcing matters.
- US subsidiary of major Japanese corporation on developing strategy for development of new product line and user platform; developing end-user agreements for platform; negotiation of agreements with auto manufacturers and other OEMs; and negotiation of in-bound licenses of software, social media platform agreements, and content licenses.
- Numerous manufacturers of hardware devices, such as computer peripherals, mobile devices, wearable technology, and connectivity products in channel partner agreements, reseller, and distributor agreements; drafting end user license agreements and consumer warranties; negotiated software, content, and technology licenses and channel partner agreements, such as OEM, VAR, and Distribution Agreements.
- Leading provider of audio technology in preparing channel partner agreements and end user agreements for consumer products.
- "Outside general counsel" to an Asia-based network marketing company and a number of Asia-based video game developers with respect to their North American business ventures.
- Major investment bank in outsourcing the hosting and connectivity for its entire futures trading business, both for its internal trading desks and its customers, on all exchanges worldwide.
- National government of Thailand in a multi-million-dollar project to engage several vendors for the development and hosting of a web site designed to promote tourism in that country.
- Brand development and licensing company, owner of several major youth lifestyle brands, in implementation of a global trademark licensing and enforcement program.
- Multiple clients, both providers and vendors, in various high-dollar value outsourcing transactions in areas ranging from development of RFPs to the negotiation of the final agreement, such as IT staff augmentation, application development, application maintenance, and business process outsourcing.
- “Cryptocurrencies and Blockchain,” panelist, Stanford E-Commerce Best Practices Conference, Palo Alto, Calif., June 11, 2018
- "Picking Battles in SaaS and Cloud Services Negotiations," ICLE GA 36th Annual Business Law Institute, October 12, 2017
- “Navigating Regulatory and Employment Law Challenges in the Sharing Economy,” moderator, Stanford E-Commerce Best Practices Conference, Stanford, Calif., June 12, 2017
- “What Really Matters: Picking Battles in Contract Negotiation,” The Association of Corporate Counsel Southern California Roundtable CLE, Los Angeles, Costa Mesa and Calabasas, Calif., Aug. 2, 3 and 23, 2016
- “Advanced Contracting Issues for Online Businesses,” moderator, Stanford E-Commerce Best Practices Conference, Palo Alto, Calif., June 6, 2016
- "Virtual Reality: Platform or Passing Fad? Legal and Business Discussion," ABA Forum on the Entertainment & Sports Industries’ Video Games & Digital Media Conference, SanFrancisco, Calif., March 14, 2016
- Mentor, MakeInLA
- Board Member, Creative Technology Foundation (aka RobotArt.org)