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Nigel R. Stark

Partner
+1.214.939.5823
Fax +1.214.939.5849

Mr. Stark is a partner in the Dallas office and leads the firm’s Texas division of its Technology Transactions practice group. He focuses his practice in technology transactions, licensing, information technology outsourcing, business process outsourcing, and commercial sourcing across a wide variety of industries, including financial services, transportation, travel, health and life sciences, and manufacturing and consumer goods. He advises, represents, and negotiates on behalf of both customers and vendors in an array of commercial and non-commercial technology-related transactions, such as software licensing, software development, IT services, software as a service (SaaS), cloud computing, Internet of Things (IoT) and other “smart” devices, robotic process automation (RPA), e-commerce, open source issues, business process outsourcing, and IT outsourcing. He also advises clients in joint venture and co-development arrangements and works with clients in the creation of enterprise-wide policies and strategies regarding emerging technologies.

Mr. Stark also works closely on a day-to-day basis with a number of clients in representing those companies in their commercial sourcing and sales contract negotiations, including counseling those companies in managing the life-cycle of those contracts, so that those clients can quickly and efficiently in-source or out-source the services, products, supplies, resources, and technology they need to more efficiently and profitably run their business or to sell their products and services to their own customers.

In addition, Mr. Stark advises technology-based start-up companies on a variety of issues, including formation, contracts, business planning, strategy, raising capital, mergers and acquisitions, and everyday matters. He also advises seed and early-stage investors, particularly venture capital and angel investors, in their investments in high-tech companies.

Professional Background

Mr. Stark joined K&L Gates in 2013 from another large international law firm where he focused on the technology industry, and prior to his legal practice, he worked in the Washington State legislature.

Achievements

  • Next Generation Lawyer, Legal 500 (2017)

Financial Services

  • Represented a large, nationwide, residential and commercial mortgage servicer and processor in most of its on-going technology, commercial transactions, and outsourcing agreements, including loan review, origination, and servicing; business process outsourcing (BPO); IT outsourcing; regulatory compliance; software and cloud licensing; IT development; and data center services. This representation included the licensing of a series of robotic process automation (RPA) platforms and the procurement of related services to develop a number of robotic processes within the client’s organization to automate a number of previously manual tasks.
  • Represented a national mortgage banker in the procurement of in-house technology necessary to operate its business after consolidation of its mortgage servicing businesses.
  • Represented a residential mortgage lender and servicer in on-going technology transactions negotiations for its back-office operations.
  • Represented a regional investment advisory and wealth management firm in a number of technology transactions designed to provide an enhanced platform for use by its clients and to strengthen its back-end technology support.
  • Represented a provider of technology solutions and services to the investment management and credit industries in various aspects of its customer transactions.
  • Represented an international financial advisory services provider in negotiating a number of IT licenses, services agreements, and other contracts necessary to provide the IT infrastructure for a newly formed U.S. subsidiary.
  • Advised a private equity client in negotiations with a software developer in the build out of the client’s fund sourcing platform.

Transportation/Travel

  • Represented Finnair as primary counsel in the purchase and licensing from two international industry leaders of equipment, software, and connectivity services to provide for Wi-Fi across its long-haul and short-haul fleet of aircraft.
  • Represented a provider of technology services, distribution, payment, and other solutions to the global travel and tourism industry in negotiations for:
    • The outsourcing of the client’s internal application development, maintenance production support, and quality assurance functions.
    • The establishment and ongoing operation of newly created disaster recovery capabilities for one of the world’s largest airline’s internal IT systems.
  • Represented a large European airline in negotiations for outsourcing of all its primary information technology functions. The outsourced functions included the airline’s network, various maintenance functions, internal service desk, software development, and hardware and IT infrastructure. The transaction also included the provision of various cloud services connected with the outsourced functions.
  • Represented Capital Metro Transportation Authority of Austin, Texas in the drafting and negotiation of an agreement to outsource the monitoring of the performance of its railcars to a major Swiss provider of transportation monitoring services.
  • Represented a large U.S. railroad company in the renegotiation of an enterprise-wide software package from a leading global software company.

Health & Life Sciences

  • Represented a Fortune 200 pharmaceutical company in: 
    • All aspects of its information technology in-sourcing, encompassing several hundred transactions ranging from software licensing, cloud services, application development, IT services, open source, co-development agreements, and joint ventures.
    • Several IT outsourcing transactions with a multi-billion dollar total value, which included application support, network management, HR onboarding (including a cloud component), and IT security management and incident response.
    • Structuring and drafting of template documents to be used for all outsourcing deals.
    • Numerous contract negotiation training seminars to in-house procurement and contracts departments.
  • Represented the nation’s largest independent provider of sales, benefits administration, retention, and technology solutions to the insurance and managed care industries in all aspects of the negotiation of a Master Services Agreement with one of the largest healthcare providers in America to provide a technology solution and related outsourced services for implementing and operating state health exchange platforms under the United States Patient Protection and Affordable Care Act (generally known as “Obamacare”).
  • Represented a leading pediatric hospital in negotiations to re-locate servers to off-site data center.
  • Represented a large health insurance provider in procuring a technology solution designed to deliver comprehensive health data analytics.
  • Represented a Fortune 500 medical device company in dozens of its technology transactions, including software licensing, cloud services, and IT services.
  • Represented an innovative Health Tech company in negotiations with the provider of artificial intelligence (AI) and deep learning tools to co-develop a customized version of the client’s software to allow for enhanced recognition and diagnosis of certain diseases.
  • Advised an online Health Tech company in establishing, including the drafting of, a User Agreement to allow for various patients, device manufacturers and resellers, and intermediaries to more easily acquire and obtain certain medical devices.
  • Represented a medical technology services company in its outsourcing of the manufacturing of certain hardware components of its device, including the integration of certain software and protocols.

Manufacturing, Consumer Goods, Consumer Services, and Internet of Things (IoT)

  • Represented a manufacturer of sleep products and bedding accessories in numerous Purchase Agreements with resellers and in the licensing of various brands from well-known consumer goods brands.
  • Advised an Internet of Things (IoT) and smart-utility manufacturer and provider of related cloud services on various agreements to numerous public utilities for the sale of hardware and the licensing of cloud-based software.
  • Represented a leading global manufacturer (and its subsidiaries) of hundreds of technology-driven and Internet-of-Things (IoT) products for personal and professional use in numerous material and component supply agreements, technology licensing agreements, and product sales and distribution agreements. Prepared various template agreements and corresponding contract negotiation “playbooks” for the same client and taught numerous classes to its in-house contracting teams on how to negotiate the contracts.
  • Represented a cutting-edge plastics technology company in its licensing of plastic molding techniques to a leading multinational consumer products company and a leading bottle manufacturer.
  • Represented a consumer electronic goods manufacturer in the in-bound licensing of technology used to support its development and sales teams and the out-bound licensing of various IP and structuring of marketing agreements.
  • Represented a network marketing company in the consumer goods industry in dozens of its technology transactions, including the development of various tools to be used by sales agents.
  • Prepared template Master Supply and Master Services Agreements and corresponding contract negotiation “playbooks” for Fortune 200 industrial and consumer diagnostic equipment company.
  • Advised a network products manufacturer in creating reseller and distributor relationships between the parent company and a newly established subsidiary selling to governmental entities.
  • Represented a global ammunitions manufacturer in the purchase of specialized ammunition for resale to retailers.

Start-Up

  • Represented a start-up company providing state-of-the-art encryption and secure messaging tools in providing its services and products to numerous customers, including highly sensitive security and intelligence organizations, and in structuring various reseller and distribution transactions.
  • Advised a start-up data management platform company in the structuring of all customer engagements.
  • Represented a university-based bio-engineering start-up in all facets of its corporate formation and general corporate matters, including the licensing of its technology to one of the world’s largest ethanol producers.
  • Represented a start-up cloud-based educational management company in licensing its learning management system (LMS) to various customers, including state-wide educational agencies, in a number of its employment transactions and equity offerings, and eventually in its exit with its sale to a competing education technology company.
  • Represented a Midwest-based venture capital firm focusing on cloud infrastructure, digital media, software, and education technology in its early stage investment in close to a dozen start-up companies.

Other

  • Represented a large global web services company in the in-bound licensing of numerous technologies used to provide its services, including advising on the development and structure of new customer offerings.
  • Advised a cloud-based regulatory technology (Reg-Tech) solutions provider in drafting an international template License Agreement for the licensing of technology to sit between various telecommunications providers and end users.
  • Advised a London-based provider of a cloud-based digital partner marketing solution in licensing its technology to a leading ride-share company.
  • Represented a leading provider of contact center infrastructure and call center software and solutions in its various customer licensing and services transactions.
  • Advised a consulting and technology business focusing on retirement and employee benefits administration in structuring its outsourcing agreements and technology agreements with its clients.
  • Represented a large international consulting and advisory firm in the outsourcing of all printing services and print management, including the supply and maintenance of all print devices.
  • Represented a large sports entertainment company in procuring a concussion testing and tracking technology solution.
  • Represented the provider of an online managed service tool and related consulting services to various customers within the real estate industry.
  • Led the review and analysis of a complex structure of agreements designed for cross-outsourcing of various services and supply of products related to sale of assets between a Buyer and Seller. The transaction did not proceed to a negotiation.
  • Provided support to M&A teams in their review of information technology components in various transactions.

Pro Bono

  • Assisted a national disease research center in establishing an online tool to collect certain demographic and health-related information from certain patients to improve the evaluation and treatment of the disease.