Commercial Contracting

Troutman Sanders routinely handles commercial contracts of all types for our domestic and international clients. We work with companies to structure, negotiate, and document their commercial transactions in order to confirm the anticipated benefits and manage the commercial risks through good contracting practices appropriate to their business models. Our attorneys draft and negotiate a wide spectrum of contracts ranging from the routine to the highly complex, including sales, purchase, supply, distribution, manufacturing, outsourcing, research and development, licensing, technology transfers, services contracts, consignments, managed services arrangements, joint ventures and a wide range of other agreements involving the transfer of goods, rights, and services. Our attorneys are full-time commercial transaction specialists, and are supported as appropriate by a tailored mix of attorneys from a variety of practice areas across our law firm to address the individual needs of our clients. We respond to each client's dynamic commercial endeavors by providing prompt access to individuals both in diverse fields of law, from intellectual property to employment law to construction, and in applicable geographic areas. The interdisciplinary nature of our practice provides flexibility to the client and allows us to remain price sensitive.

Our commercial contracting practice is located throughout all of our offices and many of us have studied or worked for extended periods outside our home countries. We understand the dynamics and legal intricacies of contracting across the globe, and leverage our expansive network seamlessly to deliver real-time global service to our clients.

Specific Transactional Experience. Our experience includes all aspects of commercial transactions, outsourcing, information technology, procurement and distribution, business processes, operations, and licensing. Our commercial transactions practice provides sophisticated, yet practical, advice for all manner of commercial transactions. We help clients identify best practices in commercial contracting. We meet our clients' increasing participation in the global marketplace by recognizing and addressing the additional issues presented in commercial transactions, including issues such as international dispute resolution, cross-border tax, cross-border intellectual property rights, and foreign corrupt practices counseling. We have a wide range of experience in negotiating distribution, reseller, OEM, sales representation, and other traditional commercial contracts. We also structure joint venture and strategic alliance transactions in a variety of industries as strategic alternatives to mergers and acquisitions or limited buy-sell relationships. Our award-winning outsourcing practice team provides creative solutions for complex outsourcing transactions across a seamless global platform. Our information technology practice addresses the various information technology needs of our clients, including in the areas of commercial contracting, licensing, and privacy and data security. We collaborate with a number of related practice areas, such as intellectual property and tax, to provide a full spectrum of services for clients providing and purchasing information technology solutions. We also support acquisition, divestiture, and joint venture transactions involving the transfer or performance of information technology assets or services. Our licensing practice marries extensive commercial contracting experience with a deep understanding of intellectual property rights. We have comprehensive experience with the licensing of apparel and accessories, software and other intellectual property, including the software as a service model, cloud computing, and robotics licensing. We negotiate development, manufacturing, and distribution licenses for a variety of technology, including biomedical, medical devices, and other life sciences industries.

Our commercial transactions span the globe and touch numerous industries, including:

  • manufacturing
  • health care
  • technology
  • financial services
  • consumer products and services
  • retail
  • energy

The insights gained from seeing a spectrum of industries enables us to leverage a wide range of market-based best practices.

Contract Management Processes. We have also managed all types of contracts and contract management projects for clients for years. We have implemented processes to efficiently and systematically manage contract creation, execution, negotiation, implementation, performance, analysis, review, reporting and timing for the purpose of maximizing financial and operational performance and minimizing risk within an organization.