S. Burr Eckstut

Partner, New York

Biography

“Burr is able to think through layered and nuanced legal issues and articulate guidance in a digestible and practical manner.”
Chambers & Partners 2022

Overview

Burr Eckstut is a partner in the Firm's Technology Transactions Practice. He advises clients on a wide range of matters involving IP and technology, including software and data licensing, product development, digital content distribution, outsourcing, joint ventures, and IP aspects of M&A, equity financing, and other corporate transactions.

Burr has particular expertise in fintech, and has been recognized by Chambers & Partners as a leading lawyer in the fintech industry. He has worked extensively on fintech matters involving digital assets (including cryptocurrencies, NFTs, and other applications of blockchain technology), open banking, payments, and financial market data and technology.

In addition, Burr has significant experience advising clients on technology and IP matters in an array of other industries, including digital health, clean energy transition (including carbon capture and carbon trading), aviation/travel, advertising, and connected vehicles. He also has broadly applicable expertise in data licensing, data analytics, and artificial intelligence/machine learning.

Bars and Courts
New York State Bar
Education
JD
Duke University School of Law

Order of the Coif

MA
Duke University
BA
Grinnell College
Languages
English

Experience

Digital Assets and Blockchain Technology

  • Fox Entertainment and Blockchain Creative Labs, on the launch of the Masked Singer NFT Digital Collectibles Platform.*
  • Sony Music, in its investment in NFT Marketplace MakersPlace.*
  • BanQu, a provider of a blockchain-based supply chain and identity solution, on its form customer agreement.*
  • A major participant in OTC cryptoasset markets, on a range of technology-related matters.*
  • A startup cryptoasset exchange, on regulatory issues and its participant agreement.*

Payments and Banking

  • Stearns Bank, on its strategic partnership with Productfy to support fintechs offering innovative money movement, neobank, payment processing, and card issuance solutions.*
  • BancAlliance, a network of community banks, on strategic partnerships with fintech companies.*
  • Credit Sesame, on a partnership with Community Federal Savings Bank to hold accounts for the Sesame Cash digital banking service.*
  • A sharing economy platform, on various aspects of a strategic payment processing program for the benefit of suppliers and purchasers on the platform.*
  • A large merchant, on a strategic partnership to support its co-branded credit cards.*

Financial Market Data and Technology

  • Envestnet | Yodlee, on a range of data agreements, including data access agreements with tier 1 financial institutions such as JPMorgan Chase, Wells Fargo, Capital One, TD Bank, and Charles Schwab.*
  • Rhodium Group, on:
    • a strategic partnership with BlackRock to incorporate Rhodium's climate change data into BlackRock's financial models and risk analytics for the Aladdin platform;* and
    • the subsequent sale of Rhodium's proprietary climate risk models to BlackRock.*
  • Coinbase, on data licensing matters, including a strategic agreement with Trading Technologies for trading connectivity and the distribution of Coinbase's market data.*
  • Coalition of Rainforest Nations, on the development of a platform for the registration and exchange of carbon credits, including a data registry services agreement with IHS Markit.*
  • A high-frequency trading firm, on a wide range of market data and technology issues.

Other Commercial Technology Matters

  • E-SMART, a provider of an intelligent speed adaptation technology for commercial vehicles, on its strategic partnerships, revenue-generating agreements, and IP & technology matters.*
  • A pharmaceutical company, on licensing clinical data for use in connection with training diagnostic models by machine learning.*
  • Media-buying services agreements for large multinational corporations.*
  • Various construction services agreements for projects to deploy novel energy.
  • A medical devices manufacturer, in a complex strategic customer agreement.*
  • A diversified industrial conglomerate, on its forms and strategy for negotiating with digital technology vendors.*
  • Various data license agreements for machine learning applications.*
  • Various medical supply agreements.*

IP Aspects of M&A and other Corporate Transactions

  • Occidental Petroleum Corporation (NYSE: OXY), on the development of STRATOS, the world's largest Direct Air Capture (DAC) facility. Occidental has formed a joint venture with BlackRock Inc., the world's largest asset manager, in connection with the STRATOS project with BlackRock investing US$550 million into the joint venture.
  • Pipeline Technique, a portfolio company of Bluewater Private Equity, on its acquisition of the Stanley Oil and Gas business from Stanley Black & Decker, a Fortune 500, NYSE listed international pipeline services and equipment company.
  • Triton, a private equity investor and its portfolio company WAP Holding Örebro AB in the acquisition of House of Padel AB, a Swedish company who conducts operation and establishment of padel facilities. The sellers are HD Active AB and House of Padel Olofström AB.
  • Stagecoach Group plc, in the agreement to sell its North America division to an affiliate of Variant Equity Advisors, LLC, at an enterprise value of US$271 million.*
  • Charlesbank Capital Partners, in the US$413 million sale of its portfolio company, Cedar Creek Holdings, Inc., to BlueLinx Corporation.*
  • Rogers Corporation, a global leader in engineered material solutions, in its acquisition of Griswold LLC, a leading manufacturer of custom-engineered cellular elastomer and high-performance polyurethane.*
  • Strategic Resources International, in its acquisition by Peraton Corp.*
  • BanQu, Inc., on its Series A offering of tokenized equity.*
  • A financial research and analytics company, in the acquisition of substantially all of the assets of a big data analytics startup and related contractual negotiations with a third-party supplier of data for use in the analytics.*

*Matters handled while with another prior law firm.

Awards and Recognition

Chambers FinTech, FinTech Legal: Payments & Lending (2022)