White & Case
Adam Chernichaw
New York

T: + 1 212 819 8200
F: + 1 212 354 8113
Practice Experience
Mr. Chernichaw is a member of White & Case's Intellectual Property Group, concentrating in transactional matters. Mr. Chernichaw’s practice focuses on outsourcing, technology, sports and entertainment.

Outsourcing and Technology

Mr. Chernichaw's practice in these areas focuses on business process and information technology outsourcing. He is the principal outside counsel for a leading global financial institution in connection with outsourcing activities from the US. Other outsourcing and technology representations have included:
  • An international baked goods company in one of the largest information technology outsourcing transactions for Latin America;
  • A global financial services company in the restructuring of its technology sourcing and interoperability standards in connection with the complete reorganization of its worldwide operations;
  • A global financial institution in outsourcing the migration of its global email system from Lotus Notes to Microsoft Exchange;
  • A global telecommunications company in its fiber-optic network build, IT outsourcing and general product offerings;
  • A global financial institution in the evaluation and pilot implementation of a cloud-based email system;
  • An international fashion company in connection with its back-office and point-of-sale software development, ASP and integration efforts;
  • A US provider of outsourcing and application services to the telecommunications industry;
  • A commercial airline in connection with outsourcing the building of a new wide area network to support its global reservation and passenger check-in system;
  • A large financial institution in the structuring and establishment of an offshore captive organization for purposes of IT and business process insourcing;
  • a financial institution in the development of its global outsourcing policies; and
  • A global financial institution in outsourcing certain human resources functions (such as recruitment processes, travel and entertainment services, background screening, commission payment and employee benefit plan administration) and "software as a service" transactions.

Sports and Entertainment

Mr. Chernichaw represents sports and entertainment clients in connection with structuring and negotiating a variety of business ventures. Representations in the sports and entertainment industries have included:
  • A number of sports leagues in connection with promotional events and licensing matters;
  • An investor group in connection with the expansion of a US sports league into a foreign market;
  • An NHL team in connection with various trademark licensing matters;
  • A number of Major League Baseball players, in connection with service, endorsement and marketing agreements;
  • A media joint venture in the acquisition and licensing of Video-on-Demand technology and programming for the Asian market;
  • A foreign language media company in connection with its acquisition and distribution of programming in the US;
  • Various authors and illustrators in connection with publishing agreements;
  • A cruise ship company in connection with structuring the production of a documentary about the company, including licensing associated rights;
  • A mobile telephone and cable content distribution company in connection with its form agreements for content acquisition and development;
  • A Spanish-language media group in the acquisition and licensing of various film libraries and other content;
  • The Internet division of a media company in connection with agreements related to on-line marketing, gift programs, sponsorships, and sales tracking;
  • A television talk show personality in connection with his contract negotiations with a cable network.

Bars and Courts
New York State Bar
US District Court for the Southern District of New York
US District Court for the Eastern District of New York

JD, Benjamin N. Cardozo School of Law, cum laude, Articles Editor, Cardozo Law Review, 1995
BA, State University of New York at Albany, 1991

Professional Associations and Memberships
Federal Communications Bar Association
International Radio and Television Society Foundation
New York Intellectual Property Law Association
United States International Counsel of Business

Awards and Recognition
IAM Licensing 250: The World's leading Patent and Technology Licensing Practitioners
Chambers USA, Outsourcing
Chambers USA, Technology & IT Outsourcing
Listed as a 'leading lawyer' in Who's Who Legal, Internet, E-Commerce & Data Protection for 2010 and 2011

"World Cup 'Ambush Marketing' Charges Part of Event Brand Protection Strategy," BNA's Patent, Trademark & Copyright Journal, June 25, 2010 (by Tony Dutra)
"Get Yer Mitts Off My Savings," Corporate Counsel, February 4, 2010 (with Howard Wettan)
"Looking East, US Law Firms Boost India Practices," IP Law 360, Jan. 18, 2007 (by Erin Marie Daly)
"Privacy Ramifications for Outsourcing Overseas Could Prove Costly to Companies," New York Law Journal, October 4, 2006 (co-authored with David Bender)
"Can I Protect a Great Business Idea from Being Stolen?," New York Enterprise Report, October 2006
"An Attorney Outlines Some Outsourcing Challenges for Manufacturers," Outsourcing Journal, mid-February 2005 (by Beth Ellyn Rosenthal, Editor)
"Trademarks 101; Protect Your Brands," New York Enterprise Report, Dec. 2003
"Will Patents Pose A Problem To Your Company?," New York Enterprise Report, Sept. 2003
David Bender and Adam Chernichaw, "Privacy Issues in the United States," Section 7.1 in Reiter, Blumenfeld and Boulding, Internet Law for the Business Lawyer (American Bar Association), 2001
Note, "Oppressed Shareholders in Close Corporations: A Market-Oriented Statutory Solution," 16 Cardozo L. Rev. 501, December 1994, (cited as "worth reading" in the National Law Journal, July 24, 1995)

Speaking Engagements
"Software as a Service Contract," at the Association of Corporate Counsel (ACC) – San Francisco Bay Chapter's conference entitled "Deal or No Deal 2011: Digging Deep in the Box," November 16, 2011
"Best Practices for Drafting Standard Contractual Provisions: Force Majeure and Other Clauses that Tend to be Overlooked," 2011 Symposium on International IP Strategies for Taiwanese Technology Companies, 09 June 2011, Hsinchu, Taiwan; 10 June 2011, Taipei, Taiwan
"Best Practices for Drafting Indemnification Provisions," 2010 Symposium on International Intellectual Property Strategies for Taiwanese High-Tech Companies, 03 June 2010 - Hsinchu, Taiwan; 04 June 2010 - Taipei, Taiwan
"Distinguishing the Cloud From the Fog. A Practical Legal Approach," at the East Coast CIO Forum, May 17, 2010
"Hey, You, Get on to My Cloud: Issues Facing Vendors and Clients in Cloud Computing," at White & Case Palo Alto Breakfast Briefing, October 1, 2009 and New York Breakfast Briefing, December 10, 2009
"Patent Law is Evolving, Are Your Agreements," at White & Case and Sanford T. Colb & Co. seminar in Tel-Aviv, Israel, entitled "Recent Developments and Nascent Trends in US Intellectual Property Law – A Drastic Shift?," December 20, 2007
"Panel Moderator, "Privacy and Data Security Issues in Outsourcing," at White & Case and BNA's 7th Annual Privacy Law Symposium, October 16, 2007
"Achieving Flexibility in Long-Term Outsourcing Arrangements," at the American Conference Institute's 5th National Conference on Outsourcing in Financial Services, April 27-28, 2006


United States