Preparing a U.S.-jurisdiction agreement for a Silicon Valley company

The TMT department of Konieczny Wierzbicki Law Firm prepared and negotiated a contract for the provision of professional IT services to a US-based corporation seated in Silicon Valley. Our Law Firm acted on behalf of the client, a US subsidiary indirectly controlled by the IT company.

Our client is an internationally recognized company delivering solutions in marketing effectiveness measurement, qualified as a so-called Unicorn (i.e. a growth company with capitalization reaching over USD 1 billion), in which investors are leading global venture capital funds. We drafted and negotiated a set of documents establishing a long-term cooperation. The agreement was subject to the US jurisdiction which exposed our client to various risks and restrictions. Nevertheless, we enabled our client to use its Polish affiliates and secure the IP issues. The important part of the process was agreeing on the limitation of liability and non-compete clauses.

It was the first time our client transacted with a Unicorn. According to a common belief, concluding a contract with a US counterparty seated in Silicon Valley opens up an opportunity to build a strong presence on the American market.

Our Law Firm provides legal services to the whole Group, which is listed on the Warsaw Stock Exchange. We helped inter alia with establishing the company’s presence overseas (by incorporating subsidiaries in USA, UK) and closing the deals with corporate clients from all over the world (we negotiated contracts e.g. with Citibank, Commerzbank, Standard Chartered Bank, Santander and many other).