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Corporate

Intellectual Property

Intellectual Property

Cravath’s broad‑based intellectual property practice has deep experience advising clients ranging from early‑stage startups to global companies in corporate contexts across the full spectrum of intellectual property disciplines, technologies and jurisdictions. Our corporate IP practice is distinctive for its “cross‑disciplinary and highly collaborative approach,” placing Cravath “a class apart” for providing “integrated solutions to the most pressing legal and business problems faced by industry leaders.” (IAM Patent 1000)

Cravath’s IP lawyers work hand in glove with our premier corporate practices to handle the many intellectual property issues that arise in complex transactions, including issues relating to patents, trademarks, copyrights, data, trade secrets, privacy and information security. We also advise on matters in connection with emerging technologies, including artificial intelligence and fintech solutions involving Web3/blockchain, digital assets, smart contracts and decentralized networks.

Our IP lawyers provide expert advice related to:

 

  • Inbound and outbound technology, content and brand licenses
  • Collaborations and co-development arrangements
  • Strategic alliances, partnerships and joint ventures
  • Acquisitions and dispositions of IP rights
  • IP terms and related due diligence in corporate transactions
  • Reporting requirements and other issues resulting from government funding
  • Transfer of IP and data across national borders

Cravath also provides strategic counseling, review and analysis in developing and managing intellectual property portfolios, commercializing innovation‑based assets and optimizing intellectual property rights to ensure our clients are maximizing value from their intellectual property in the U.S. and in non-U.S. markets.

Artificial Intelligence (AI) and Data

Cravath helps clients navigate AI and data issues with respect to data ownership and licensing, business operations and disputes related to AI and data, as well as the acquisition of data and AI technologies. Our expertise across subject areas allows us to provide interdisciplinary advice on AI and data issues, including ownership of and rights to use AI algorithms and related data, confidentiality management and related transaction structuring.

Cybersecurity & Data Privacy

Cravath advises on a wide variety of cybersecurity and data privacy issues across the whole spectrum of transactions and projects, including data collection, data storage, multi‑party data arrangements and agreements, such as between data controllers and/or data processors, cross‑border data sharing, protection of personally identifiable and other sensitive information, and privacy and data protection compliance matters, including advising on privacy policies and privacy notices and other privacy compliance requirements under the GDPR and other relevant regimes.

Cravath’s IP lawyers work hand in glove with our premier corporate practices to handle the many intellectual property issues that arise in complex transactions, including issues relating to patents, trademarks, copyrights, data, trade secrets, privacy and information security. We also advise on matters in connection with emerging technologies, including artificial intelligence and fintech solutions involving Web3/blockchain, digital assets, smart contracts and decentralized networks.

Our IP lawyers provide expert advice related to:

 

  • Inbound and outbound technology, content and brand licenses
  • Collaborations and co-development arrangements
  • Strategic alliances, partnerships and joint ventures
  • Acquisitions and dispositions of IP rights
  • IP terms and related due diligence in corporate transactions
  • Reporting requirements and other issues resulting from government funding
  • Transfer of IP and data across national borders

Cravath also provides strategic counseling, review and analysis in developing and managing intellectual property portfolios, commercializing innovation‑based assets and optimizing intellectual property rights to ensure our clients are maximizing value from their intellectual property in the U.S. and in non-U.S. markets.

Artificial Intelligence (AI) and Data

Cravath helps clients navigate AI and data issues with respect to data ownership and licensing, business operations and disputes related to AI and data, as well as the acquisition of data and AI technologies. Our expertise across subject areas allows us to provide interdisciplinary advice on AI and data issues, including ownership of and rights to use AI algorithms and related data, confidentiality management and related transaction structuring.

Cybersecurity & Data Privacy

Cravath advises on a wide variety of cybersecurity and data privacy issues across the whole spectrum of transactions and projects, including data collection, data storage, multi‑party data arrangements and agreements, such as between data controllers and/or data processors, cross‑border data sharing, protection of personally identifiable and other sensitive information, and privacy and data protection compliance matters, including advising on privacy policies and privacy notices and other privacy compliance requirements under the GDPR and other relevant regimes.

  • Deals & Cases
  • Recent News & Insights

Deals & Cases

July 21, 2025

ZimVie’s Acquisition by ARCHIMED

On July 21, 2025, ZimVie Inc. (“ZimVie”), a global life sciences leader in the dental implant market, announced their entry into a definitive agreement pursuant to which ZimVie will be acquired by an affiliate of ARCHIMED (“ARCHIMED”), an investment firm focused exclusively on healthcare industries. Under the terms of the merger agreement, ZimVie stockholders will receive $19.00 in cash for each share of ZimVie common stock outstanding at the closing of the transaction, corresponding to an enterprise value of approximately $730 million. Cravath is representing ZimVie in connection with the transaction.

Deals & Cases

July 07, 2025

White Mountains’ Acquisition of a Majority Stake in Distinguished

On July 7, 2025, White Mountains Insurance Group, Ltd. (“White Mountains”), a Bermuda‑domiciled financial services holding company, announced it has entered into an agreement to acquire a majority stake in Distinguished Programs (“Distinguished”), an MGA and program administrator for special property & casualty insurance. White Mountains will acquire approximately 50% of Distinguished’s outstanding equity interests for $230 million, which will result in White Mountains holding a 51% controlling interest in Distinguished following the closing of the transaction. Cravath is representing White Mountains in connection with the transaction.

Deals & Cases

June 23, 2025

Illumina’s Acquisition of SomaLogic

On June 23, 2025, Illumina, Inc. (“Illumina”) announced it has entered into a definitive agreement with Standard BioTools under which Illumina will acquire SomaLogic, a leader in data‑driven proteomics technology, and other specified assets for $350 million in cash payable at closing, subject to customary adjustments, plus up to $75 million in near-term performance‑based milestones and performance‑based royalties. Cravath is representing Illumina in connection with the transaction.

Deals & Cases

June 17, 2025

Galaxy Digital Inc.’s First SEC‑Registered Underwritten Offering of Class A Common Stock

Cravath represented the underwriters in connection with the $683.6 million registered underwritten offering of Class A common stock of Galaxy Digital Inc., a global leader in digital assets and artificial intelligence infrastructure, delivering enduring solutions that accelerate the future digital economy. This was Galaxy Digital Inc.’s first underwritten public offering of its Class A common stock as a listed company on the Nasdaq Global Select Market. The transaction closed on June 3, 2025.

Deals & Cases

June 04, 2025

Flowserve’s $19 Billion Merger of Equals with Chart

On June 4, 2025, Flowserve Corporation (“Flowserve”) and Chart Industries, Inc. (“Chart”) announced that they have entered into a definitive agreement to combine in an all-stock merger of equals, creating a differentiated leader in industrial process technologies. The combined company is expected to have an enterprise value of approximately $19 billion based on the exchange ratio and the closing share prices for Flowserve and Chart as of June 3, 2025. Under the agreement, which has been unanimously approved by the board of directors of each company, at the closing of the transaction Chart shareholders will receive 3.165 shares of Flowserve common stock for each share of Chart common stock owned. Following the close of the transaction, Flowserve shareholders will own approximately 46.5% and Chart shareholders will own approximately 53.5% of the combined company, on a fully diluted basis. Cravath is representing Flowserve in connection with the transaction.

Activities

July 14, 2025

Dave Kappos Delivers Guest Lecture on IP at Rutgers University

On July 10, 2025, Cravath partner David J. Kappos delivered a guest lecture to students in the Master of Business and Science (“MBS”) program at Rutgers University, as part of the Fundamentals of Intellectual Property class. The course, designed to teach MBS students the practical and strategic foundations of intellectual property, including how to protect, evaluate, negotiate and commercialize IP assets across industries, features guest lectures from scientists, executives and patent attorneys who are experts in the IP field.

Publications

June 03, 2025

Bloomberg Law Publishes Article by Dave Kappos and Kathryn‑Ann Stamm on NDAs in Strategic Transactions

Cravath partner David J. Kappos, of counsel Kathryn‑Ann Stamm and associate Vincent Joralemon co‑authored an article entitled “Non‑Disclosure Agreements Shield Buyers and Sellers in M&A Deals,” which was published in Bloomberg Law on May 29, 2025. The article, which reviews recent court decisions regarding the enforcement of non‑disclosure agreements (“NDAs”), provides an overview of how NDAs protect both buyers and sellers in all types of strategic transactions, including mergers and acquisitions, the clear parameters that must be established to ensure NDA enforceability and the rights, responsibilities and available remedies for the parties involved.

Activities

May 02, 2025

Cravath Partners Named to Lawdragon’s 2025 List of Leading Global Cyber Lawyers

On May 2, 2025, Cravath partners David J. Kappos, John D. Buretta, Noah Joshua Phillips, Sasha Rosenthal‑Larrea, Evan Norris, Michael L. Arnold and Kimberley S. Drexler were named to Lawdragon’s list of “500 Leading Global Cyber Lawyers” in recognition of their work advising clients on incident response and preparation, corporate governance and disclosure matters, investigations and regulatory enforcement, and transactional and competition matters related to data privacy and cybersecurity. The list recognizes “world leaders in privacy, data, security, incident response, and the deals and lawsuits that revolve around all things Cyber.”

Activities

April 28, 2025

Dave Kappos Speaks at LESI2025

On April 28, 2025, Cravath partner David J. Kappos participated in Licensing Executives Society International’s annual conference, LESI2025, which was held from April 27‑29 in Singapore. Dave spoke on a panel entitled “The Future of Smart Cities: Navigating the Intersection of Innovation, Technology and Intellectual Property,” which examined the evolving landscape of smart cities and the roles of intellectual property, innovation and technology in fostering sustainable development.

Activities

April 25, 2025

Managing IP Honors Cravath with 2025 Impact Case Award

On April 24, 2025, Managing IP honored Cravath at the publication’s 2025 Americas Awards, which recognize “in‑house teams, firms, individuals and corporations behind the most innovative and challenging IP work of the past year, as well as those driving the international market.” The Firm was honored with an Impact Case of the Year award for its successful representation of client Sherman Nealy in an appeal before the U.S. Supreme Court, which ruled the Copyright Act entitles a copyright owner to obtain damages for any timely filed infringement claim, regardless of when the infringement occurred.

Deals & Cases

July 21, 2025

ZimVie’s Acquisition by ARCHIMED

On July 21, 2025, ZimVie Inc. (“ZimVie”), a global life sciences leader in the dental implant market, announced their entry into a definitive agreement pursuant to which ZimVie will be acquired by an affiliate of ARCHIMED (“ARCHIMED”), an investment firm focused exclusively on healthcare industries. Under the terms of the merger agreement, ZimVie stockholders will receive $19.00 in cash for each share of ZimVie common stock outstanding at the closing of the transaction, corresponding to an enterprise value of approximately $730 million. Cravath is representing ZimVie in connection with the transaction.

Deals & Cases

July 07, 2025

White Mountains’ Acquisition of a Majority Stake in Distinguished

On July 7, 2025, White Mountains Insurance Group, Ltd. (“White Mountains”), a Bermuda‑domiciled financial services holding company, announced it has entered into an agreement to acquire a majority stake in Distinguished Programs (“Distinguished”), an MGA and program administrator for special property & casualty insurance. White Mountains will acquire approximately 50% of Distinguished’s outstanding equity interests for $230 million, which will result in White Mountains holding a 51% controlling interest in Distinguished following the closing of the transaction. Cravath is representing White Mountains in connection with the transaction.

Deals & Cases

June 23, 2025

Illumina’s Acquisition of SomaLogic

On June 23, 2025, Illumina, Inc. (“Illumina”) announced it has entered into a definitive agreement with Standard BioTools under which Illumina will acquire SomaLogic, a leader in data‑driven proteomics technology, and other specified assets for $350 million in cash payable at closing, subject to customary adjustments, plus up to $75 million in near-term performance‑based milestones and performance‑based royalties. Cravath is representing Illumina in connection with the transaction.

Deals & Cases

June 17, 2025

Galaxy Digital Inc.’s First SEC‑Registered Underwritten Offering of Class A Common Stock

Cravath represented the underwriters in connection with the $683.6 million registered underwritten offering of Class A common stock of Galaxy Digital Inc., a global leader in digital assets and artificial intelligence infrastructure, delivering enduring solutions that accelerate the future digital economy. This was Galaxy Digital Inc.’s first underwritten public offering of its Class A common stock as a listed company on the Nasdaq Global Select Market. The transaction closed on June 3, 2025.

Deals & Cases

June 04, 2025

Flowserve’s $19 Billion Merger of Equals with Chart

On June 4, 2025, Flowserve Corporation (“Flowserve”) and Chart Industries, Inc. (“Chart”) announced that they have entered into a definitive agreement to combine in an all-stock merger of equals, creating a differentiated leader in industrial process technologies. The combined company is expected to have an enterprise value of approximately $19 billion based on the exchange ratio and the closing share prices for Flowserve and Chart as of June 3, 2025. Under the agreement, which has been unanimously approved by the board of directors of each company, at the closing of the transaction Chart shareholders will receive 3.165 shares of Flowserve common stock for each share of Chart common stock owned. Following the close of the transaction, Flowserve shareholders will own approximately 46.5% and Chart shareholders will own approximately 53.5% of the combined company, on a fully diluted basis. Cravath is representing Flowserve in connection with the transaction.

Activities

July 14, 2025

Dave Kappos Delivers Guest Lecture on IP at Rutgers University

On July 10, 2025, Cravath partner David J. Kappos delivered a guest lecture to students in the Master of Business and Science (“MBS”) program at Rutgers University, as part of the Fundamentals of Intellectual Property class. The course, designed to teach MBS students the practical and strategic foundations of intellectual property, including how to protect, evaluate, negotiate and commercialize IP assets across industries, features guest lectures from scientists, executives and patent attorneys who are experts in the IP field.

Publications

June 03, 2025

Bloomberg Law Publishes Article by Dave Kappos and Kathryn‑Ann Stamm on NDAs in Strategic Transactions

Cravath partner David J. Kappos, of counsel Kathryn‑Ann Stamm and associate Vincent Joralemon co‑authored an article entitled “Non‑Disclosure Agreements Shield Buyers and Sellers in M&A Deals,” which was published in Bloomberg Law on May 29, 2025. The article, which reviews recent court decisions regarding the enforcement of non‑disclosure agreements (“NDAs”), provides an overview of how NDAs protect both buyers and sellers in all types of strategic transactions, including mergers and acquisitions, the clear parameters that must be established to ensure NDA enforceability and the rights, responsibilities and available remedies for the parties involved.

Activities

May 02, 2025

Cravath Partners Named to Lawdragon’s 2025 List of Leading Global Cyber Lawyers

On May 2, 2025, Cravath partners David J. Kappos, John D. Buretta, Noah Joshua Phillips, Sasha Rosenthal‑Larrea, Evan Norris, Michael L. Arnold and Kimberley S. Drexler were named to Lawdragon’s list of “500 Leading Global Cyber Lawyers” in recognition of their work advising clients on incident response and preparation, corporate governance and disclosure matters, investigations and regulatory enforcement, and transactional and competition matters related to data privacy and cybersecurity. The list recognizes “world leaders in privacy, data, security, incident response, and the deals and lawsuits that revolve around all things Cyber.”

Activities

April 28, 2025

Dave Kappos Speaks at LESI2025

On April 28, 2025, Cravath partner David J. Kappos participated in Licensing Executives Society International’s annual conference, LESI2025, which was held from April 27‑29 in Singapore. Dave spoke on a panel entitled “The Future of Smart Cities: Navigating the Intersection of Innovation, Technology and Intellectual Property,” which examined the evolving landscape of smart cities and the roles of intellectual property, innovation and technology in fostering sustainable development.

Activities

April 25, 2025

Managing IP Honors Cravath with 2025 Impact Case Award

On April 24, 2025, Managing IP honored Cravath at the publication’s 2025 Americas Awards, which recognize “in‑house teams, firms, individuals and corporations behind the most innovative and challenging IP work of the past year, as well as those driving the international market.” The Firm was honored with an Impact Case of the Year award for its successful representation of client Sherman Nealy in an appeal before the U.S. Supreme Court, which ruled the Copyright Act entitles a copyright owner to obtain damages for any timely filed infringement claim, regardless of when the infringement occurred.

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