Michael P. Bennett is a Partner in the Intellectual Property Department of Locke Lord. Mike’s entire legal career has been spent advising technology companies as well as companies acquiring technology products on the legal issues inherent in existing and emerging technology.
For nearly 20 years, he has counseled clients on a variety of technology issues including big data, wireless communications, machine-to-machine wireless communications, in-bound and outbound sourcing, SaaS, PaaS, IaaS and all aspects of Cloud computing, telematics, data security and privacy issues, RFID payment systems, and the use of marketing data in a manner that does not violate various federal, state and international laws.
He counsels clients on open source issues, both as part of on-going compliance and during M&A transactions. On behalf of technology consumers, Mike has negotiated transactions with nearly every major provider of hardware and software operating systems and applications.
These negotiations include traditional inbound and outbound licensing, development agreements, distribution, customization, and implementation. Mike has represented clients acquiring ASP services, traditional outsourcing, business process outsourcing, and facilities management services, and negotiated on behalf of Northrop Grumman the largest private/public outsourcing IT agreement at the time, valued at $2 billion.
Representative Experience :
- Assisted major captive finance company in audit by compliance software vendor which demanded in excess of $2 million in new license fees for alleged license non compliance. Locke Lord investigation identified affiliate master license which reduced liability. Investigation demonstrated vendor had installed excess software without client’s knowledge. Vendor ultimately admitted the client had no liability.
- Assisted client in allegations by top-tier document management provider. Client liability was reduced to nothing after careful review of amended audit clause demonstrated client was entitled to favorable treatment.
- Specialized publisher was subject to alleged liability of $8 million, which would have put the publisher out of business. Through careful management of the audit process, client’s liability was reduced to $0.
- Served as legal counsel to MVC Private Equity Fund, L.P. in the sale of its portfolio company Plymouth Rock Energy, a leading retail energy provider of natural gas and electricity, to ENGIE Resources
- Served as lead counsel to an IT service provider for a ten-year IT outsourcing agreement valued at $2 billion; the largest private public outsourcing agreement of its kind
- Represents a multi-billion dollar leading consumer brands company on all of its major technology transactions including traditional licensing agreements, ASP agreements, implementation agreements for Enterprise Resource Planning systems, and outsourcing
- Represented one of the world’s leading spirits companies regarding issues related to the outsourcing of finance and accounting functions. Assisted client from the negotiation of a legal structure for the outsourcing agreement to ongoing maintenance of change orders
- Represents an insurance company in its $600 million relationship with a major provider of IT outsourcing services, in a wide array of matters including structuring of outsourcing agreements, developing new applications, and dealing with various disputes that arise
- Represented one of the country’s largest REITs regarding all of its major technology initiatives including implementation of back-end systems, front-end systems, telecommunication agreements, and B-to-B commerce sites
- Represented a major provider of travel content regarding a significant technology initiative designed to increase the scope and allow greater control of the services it offers consumers and businesses
Professional Affiliations :
- Member, Chicago Bar Association
- Co-chair, Open Source Software Committee, American Bar Association
- Member, Illinois State Bar Association
- Member, International Association of Privacy Professionals
- J.D., Loyola University Chicago School of Law, 1989
- Computer Career Program, DePaul University, 1984
- B.A., Government and International Affairs, University of Notre Dame, 1982
Admissions : Illinois, 1989
Rate : $$$