Technology today is all-pervasive, impacting every area of business in every industry sector, globally. We recognise that rapid advances in technology such as artificial intelligence (AI), robotics, blockchain, big data and cyber security are significantly impacting our clients' business models, their growth strategies and even day-to-day decision making, bringing opportunities to be harnessed and risks to be navigated. Integrated and dynamic, our Tech Group is a single Moldovan team delivering strategic tech law advice to help clients stay ahead of the curve and outstrip the pace of change.
There is no doubt that blockchain offers numerous benefits to business including decentralisation of transaction validation, transparency and trust, immutability, high availability, high security, model simplification, faster deals and cost savings, but it also raises a wide-range of new legal issues and as such multidisciplinary legal expertise is required to fully map the design challenges that a commercially viable blockchain solution must address.
Our integrated, multidisciplinary Tech Group is becoming increasing well-known as a legal adviser on blockchain with the expertise and knowledge to help clients pursue blockchain projects and navigate the challenges it may present.
As blockchain technology has evolved, our firm has helped clients navigate the complex legal and regulatory environment surrounding this new technology, providing innovative legal solutions, which in many cases are issues of first impression. Our blockchain practice draws on the firm’s global platform and the comprehensive range of substantive capabilities and experiences of our corporate, litigation and regulatory practices, including in the areas of intellectual property and technology, privacy, capital markets, investment management, financial regulatory, government enforcement, litigation, tax and mergers and acquisitions.
With attorneys who are knowledgeable in the underlying technology and business drivers, we provide useful and thoughtful legal advice that is grounded in how blockchain ecosystems operate and the goals they seek to achieve. We represent clients in the complex legal issues that arise in blockchain technology development, deployment and implementation. Our capabilities include advising on the technology, corporate structure, intellectual property and regulatory issues that companies must address when working with blockchain-based platforms and digital assets, such as virtual currencies. Our work includes advising on specific state and federal regulations governing banking and trust operations and relationships, patent matters, anti-money laundering and foreign asset controls, holding company issues, privacy, trading and market regulation, taxation and consumer protections.
We have counseled a broad range of established and emerging companies in this space, including:
- virtual currency developers and providers;
- blockchain protocol and app developers;
- venture capital and private equity firms investing in blockchain technologies;
- firms navigating regulatory environment for capital raising activities;
- companies that are using tokens to digitize assets;
- developers of blockchain-based supply chain solutions;
- information providers seeking to become smart contract “oracles”; and
- traditional financial institutions such as banks, financial service companies, broker-dealers, asset managers and funds in migrating to blockchain-based technology solutions.
Our fintech team is uniquely placed to help deliver your most exciting and complex finance and tech-related matters. We can help you utilise technologies such as blockchain, smart contracts, AI and big data to transform your operations, whilst considering the legal, ethical and practical risks. Our global reach and breadth of expertise across fintech is unparalleled. Our world-leading international finance practice seamlessly combines with our exceptional global Tech Group, breaking down traditional practice area boundaries. Our practice consists of a sophisticated, and multidisciplinary team of lawyers with deep understanding of the financial and technology industries from our market-leading practices. Our FinTech lawyers have a successful track record helping clients navigate the legal, business and regulatory issues associated with this sector, enabling them to successfully achieve their business objectives, protect their technology and intellectual property, create competitive advantages for their companies and investors, and navigate applicable regulatory frameworks.
Electronic and Mobile Commerce
Our firm is at the forefront of representing companies engaging in electronic commerce, including via the internet and mobile services. For example, we advise clients on the role of marketplaces in enabling transactions and on the integration of payment and lending services in E-commerce platforms. We help clients assess the risks and rewards of fulfilling different roles in transaction processing, and developing approaches that comply with legal requirements while meeting business objectives. We also assist clients in negotiating the web of strategic relationships, processing contracts and technology agreements that are necessary to take full advantage of the rapidly changing electronic marketplace, while also representing leading suppliers of payment, financing and related technologies to E-commerce industry.
For companies that seek to deliver financial services via the internal or mobile platforms, we provide a comprehensive suite of services from licensing/chartering advice, to developing policies, procedures and forms of end-user agreements and disclosures, to ongoing compliance guidance.
Our lawyers guide clients who are investing in and developing new environmentally sustainable products, technologies and services and renewable energy solutions through an expansive array of financing, technology transactions and regulatory matters. We bring value to our clients in the following ways:
- Our lawyers represent cleantech clients ranging from ground-breaking start-ups to multinational companies across a broad range of industries, including technology, life sciences, agribusiness and alternative energy.
- We assist clients in a variety of complex matters, including formation, compliance management, environmental, finance and securitization, government strategies, patent litigation, M&A, private equity, IPOs, regulatory, real estate, tax, international trade and technology and IP transactions.
- Our team represents emerging companies in a wide range of cleantech sectors, including alternative energy (wind solar, hydro and biomass), batteries, energy efficiency and storage, fuel cells, geothermal, materials, nuclear, recycling and waste, smart grid, solar cells, module manufacturers, transmission, transportation, and water and agritech.
Big Data, Internet of Things and Artificial Intelligence
Our lawyers are dedicated to serving as trusted advisers and defenders of companies that depend on technological innovation. We have significant experience helping clients address Big Data legal issues surrounding the analysis, collection and use of the massive data sets being generated by the Internet of Things (IoT), including Artificial Intelligence (AI) and machine learning applications. The digitization of the physical world, commercial relationships, consumer interactions and supply chain management presents enormous opportunities, but poses novel legal challenges. New technologies driven by data have inspired concerns among regulators and plaintiffs regarding privacy, cybersecurity, tort duties to warn, digital discrimination, data retention and the related potential eDiscovery issues. The ever-increasing “connectedness” of devices and sensors to the Internet has radically amplified the field of potential issues. In particular, new regulation in the European Union (EU) regarding “profiling” and automated decision-making, and potentially large fines imposed by EU member states, are ratcheting up the level of focus on Big Data, IoT and AI applications deployed by multinational companies.
Communications, Internet, insurance, life sciences, financial services and other companies face a slew of new challenges in research, business operations and manufacturing. Our practice is keenly aware of both the promise and peril of technological innovation. Clients frequently turn to us regarding the issues inherent in using large data sets to design new offerings, spot fraud, address national security requests and ensure compliance with anti-money laundering and anti-digital redlining requirements. In addition, major communications companies rely upon our team to help address privacy, data security, consumer protection, and other litigation and regulatory challenges stemming from the enormous data sets they process
The issues our clients face require innovative, strategic and cost-effective legal counseling. We advise companies on a range of data protection issues, including how data sets are collected, compiled, analyzed and used. Our work includes:
- Development of ethical data stewardship governance models;
- Regulatory counseling for some of the most advanced data science companies that run proprietary algorithms to reveal nonintuitive actionable insights for their customers; and
- Legal counseling for companies that repurpose data, collect adverse event data and develop complex IT infrastructures that support the transfer and interrogation of large-scale data sets.
IT Procurement and Outsourcing
We are involved in all stages of transactions regarding information technology systems, including procurement of hardware and software, joint ventures, outsourcing and transition service arrangements for IT-related functions. We cover a multitude of industries, ranging from healthcare, financial services, insurance, satellite communications, telecommunications and consumer electronics to electronic voting systems, and our clients include leaders in these key industries. We have represented vendors, service providers and their customers.
Our work ranges from structuring, negotiating and implementing complex sourcing and strategic alliances to advising on cybersecurity, Big Data and data management concerns. We advise on pricing, performance and governance – all with a view to developing sustainable relationships that serve our clients' objectives. . Clients benefit from our ability to support the implementation of enterprise-level cloud computing solutions and "As-a-Service" offerings in the financial services and other industries. We have also been a world leader in incorporating ITIL, SEI and other IT standards-based processes into our approach to IT transactions.
We have experience with:
- Enterprise Resource Planning and Asset Management Systems
- Customer Relationship Management Systems
- Electronic Payment Processing Systems
- Health Information Management Systems, including claims processing
- Electronic Medical Records Systems
- Satellite Construction and Launch Contracts
- Electronic Data management, including email archiving and storage
- Electronic Voting Systems
- Pure Open Source and Mixed Source Software
- Global IP Transfer and Transfer Pricing Arrangements