Adam Chernichaw | White & Case LLP International Law Firm, Global Law Practice
Adam Chernichaw
Adam Chernichaw

Adam Chernichaw

Partner, New York

Adam has been named by Intellectual Asset Management magazine as one of the world’s top 250 Patent and Technology Licensing practitioners.

Overview

Adam helps clients maneuver through the complex issues relating to strategic outsourcing, licensing and technology transactions.

In an increasingly elaborate and challenging area, Adam helps organizations structure complex technology and service transactions to help execute their strategic goals, to safely protect their assets, and to avoid potential pitfalls across multiple jurisdictions.

Adam has extensive experience in information technology and business outsourcing transactions and projects. His advisory work spans classic IT and business process outsourcings "as a service", as well as cloud offerings and joint ventures.

He has frequently represented global businesses across a number of industry sectors including financial services, food services, commercial airlines and telecommunications. Adam also assists businesses in the sports, leisure and entertainment industries when structuring and negotiating business deals, working to achieve the best possible results around licensing, marketing agreements, rights and publishing.

He has represented a wide array of clients including NHL teams and various media and publishing companies. He has also advised individuals, including several Major League Baseball players and a TV talk show personality in connection with contract negotiations.

Adam keeps abreast of the latest developments in the fast-moving world of technology related-IP and has been featured as a 'leading lawyer' in Who's Who Legal, in the category of 'internet, e-commerce and data protection', and as a 'leading lawyer' in the area of 'technology & communications: outsourcing' by Chambers Global and Chambers USA. He is currently listed in IAM Patent 1000: The World's Leading Patent Practitioners 2014.

Adam is a partner in the Sourcing & Technology Transactions Practice, within the Firm's Intellectual Property Group, an international group of partners dedicated to helping global and clients protect their intellectual property rights.

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

Education

  • JD, Benjamin N. Cardozo School of Law
  • BA, State University of New York at Albany

Languages

  • English
  • Hebrew

Experience

Deutsche Bank, 2014

Adam advised Deutsche Bank in the outsourcing of its asset management investment platform – one of the largest outsourcing deals of its kind - to BlackRock, a multinational investment management firm. The IT solution offered a highly scalable system with the ability to evolve with his client's needs. The transaction reduced his client's costs, improved operational efficiency and reduced risk across the company.

Saudi Aramco, 2014

Adam represented Aramco Services and Saudi Aramco for over a year, on a strategic outsourcing for systems integration, application development and maintenance for IT systems to run one of the largest integrated chemical facilities in the world. These facilities are currently being built as part of a recently announced US$20 billion Sadara Chemical Company joint venture between Saudi Aramco and Dow Chemical. The transactions include four separate Framework Agreements covering the complete automation of the facilities and integration of the systems of the various facilities that are associated with the project.

Financial institution – HR outsourcing, 2007, 2014

Adam represented 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.

Perpetual licensing of the Braun brand for De'Longhi S.p.A., 2012

Adam worked as an adviser on intellectual property matters to appliance manufacturer De'Longhi S.p.A. on its perpetual licensing of the Braun brand from the Procter & Gamble Company (P&G), in a deal worth up to €214 million. The agreement gave Treviso-based De'Longhi the perpetual right to use the Braun brand and connected patents within the small kitchen appliance, ironing and selected household appliance categories. For more details, see "White & Case Advises De'Longhi on €214 Million Perpetual Licensing of Braun Brand from Procter & Gamble."

Baked goods company – outsourcing transaction, 2006, 2012

Adam represented international baked goods company in one of the largest information technology outsourcing transactions for Latin America.

Verizon Wireless, 2011

Adam represented Verizon Wireless in connection with the "Softcard" joint venture, with other major wireless carriers, for the development of a wireless payment platform. His role in this matter involved advising on the structure of technology and IP contributions, vendor selection and negotiation of the sourcing and licensing arrangements with the various parties engaged to build the platform, commercial terms and potential royalty and value streams, as well as the rights as between the venture and the participating carriers and third-party licensees.

Tribe Mobile, 2011

Adam represented Tribe Mobile in connection with its strategic partnership with the Virgin Group to launch Virgin as a branded mobile virtual network operator (MVNO) in the Latin American region.

Commercial airline – outsourcing a new wide area network, 2011

Adam represented 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.

Speaking Engagements

"Big Data Business Law: Grappling with Godzilla – Best Practices for Data Analytics", October 2013: International Bar Association 2013 Annual Conference, Boston, Massachusetts

"Big Data: Legal Challenges Around Data Sourcing, Licensing, Analytics and Optimization", November 1, 2012: Association of Corporate Counsel (ACC) – San Francisco Bay Chapter's conference entitled "Deal or No Deal 2012"

"Software as a Service Contract", November 16, 2011: Association of Corporate Counsel (ACC) – San Francisco Bay Chapter's conference entitled "Deal or No Deal 2011: Digging Deep in the Box"

"Best Practices for Drafting Standard Contractual Provisions: Force Majeure and Other Clauses that Tend to be Overlooked", June 9, 2011, Hsinchu, Taiwan; June 10, 2011, Taipei, Taiwan: 2011 Symposium on International IP Strategies for Taiwanese Technology Companies

"Best Practices for Drafting Indemnification Provisions", June 3, 2010, Hsinchu, Taiwan; June 4, 2010, Taipei, Taiwan: 2010 Symposium on International Intellectual Property Strategies for Taiwanese High-Tech Companies

"Distinguishing the Cloud From the Fog. A Practical Legal Approach", May 17, 2010: East Coast CIO Forum

Publications

  • 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, (co-author with Howard Wettan)
  • Looking East, US Law Firms Boost India Practices, IP Law 360, January 18, 2007, (by Erin Marie Daly)
  • Privacy Ramifications for Outsourcing Overseas Could Prove Costly to Companies, New York Law Journal, October 4, 2006, (co-author with David Bender)
  • Can I Protect a Great Business Idea from Being Stolen?, New York Enterprise Report, October 2006

Awards & Recognition

Adam has been named by Intellectual Asset Management magazine as one of the world's top 250 leading "Patent and Technology Licensing practitioners" in its regular annual survey.

Adam has been listed as a "leading lawyer" for Internet, E-Commerce and Data Protection by Who's Who Legal for two years running.

Adam has been ranked as a "leading lawyer" for Technology and Communications – Outsourcing in the US by Chambers Global for three years running.