Daren Orzechowski

Partner, Silicon Valley

Biography

“Much credit for White & Case’s eminence as a top global technology transactions firm is owed to Daren Orzechowski, who is known for his efficiency and accuracy of execution when it comes to transformational deals. His tech knowledge is on par with the best in Silicon Valley.”
IAM Strategy 300

Overview

Daren Orzechowski is a founding partner of the Firm's global Technology Transactions Practice and part of the leadership of the Firm's technology industry group. For more than 20 years, Daren has represented clients from a variety of industries in connection with their most important strategic intellectual property, data and technology-focused transactions. He regularly counsels clients in connection with M&A and IP strategy and licensing matters.

Daren is recognized as a top technology deal lawyer both in Silicon Valley, where he is based, and globally. He has handled matters relating to a wide variety of technologies, including cloud computing and software-as-a-service offerings, drones, autonomous vehicles, semiconductors, artificial intelligence, social media, infrastructure and platform technologies, blockchain, cryptocurrencies, and augmented and virtual reality related technologies. This experience provides him with a broad perspective that is essential to analyzing difficult legal issues related to new and emerging technologies.

Both large corporate and start-up clients seek Daren's advice regarding transactions involving the acquisition, development and licensing of intellectual property, software, hardware and data. He has an extensive track record in M&A, strategic alliances, outsourcing, and licensing arrangements, as well as day-to-day operational matters ranging from product development and the formulation of go-to-market strategies to supply chain issues for devices and cloud-based solutions. He regularly handles complex international joint ventures and corporate transactions and projects related to digitization and information technology.

Recognition

  • Daren has been individually recognized in Chambers, Legal 500, IAM Patent 1000 – World's Leading Patent Professionals and IAM 300 Global - World's Leading IP Strategists.
  • Chambers said "Daren Orzechowski is very responsive with lots of experience and knowledge on a wide variety of commercial deals, and able to handle the most complex and contentious negotiations with the biggest heavyweights in tech. He handles M&A, as well as outsourcing transactions, for a number of well-known technology companies. He is also well versed in licensing agreements."
  • Chambers quotes a client who stated "He'll talk to the business directly to understand the problems and base his approach on that. He'll get the deal done. He knows the objectives and he'll get us there, and knowing that is an enormous relief to in-house counsel."
  • Other clients indicated to Chambers that "He's very business-minded and practical, while also being very knowledgeable about the law."
  • IAM Patent 1000 said "Major technology companies dial up White & Case for transactional support in high-rolling deal settings, asking to be put through to Daren Orzechowski. The gifted licensing, collaborations and M&A lawyer works on matters that accelerate the pace of change in bleeding-edge areas such as AI and the Internet of Things."
  • IAM Strategy 300 says "Much credit for White & Case's eminence as a top global technology transactions firm is owed to Daren Orzechowski, who is known for his efficiency and accuracy of execution when it comes to transformational deals. His tech knowledge is on par with the best in Silicon Valley."

Pro Bono and Community

Daren is committed to pro bono work and is one of the Firm's Pro Bono Leaders. He has assisted a number of clients on a pro bono basis over the years on a variety of matters, including longtime client Multiple Myeloma Research Foundation and its Myeloma Investment Fund.

Daren frequently speaks and writes about technology, privacy and intellectual property matters. He has been quoted in a variety of major publications.

He is an active member of several leading associations, including the American Bar Association (including the ABA's Intellectual Property Law and Business Law Sections) and the California Lawyers Association's IP Section's Licensing and Technology Transactions group. Daren is also a formerofficer of the Technology Law Section of the International Bar Association.

Bars and Courts
California State Bar
New York State Bar
US District Court for the Southern District of New York
US District Court for the Eastern District of New York
US Court of Appeals for the Second Circuit
US Supreme Court
Education
JD
Fordham University School of Law
BA
Tufts University
Languages
English

Experience

  • Facebook in connection with various intellectual property, product, content, and technology transactions matters, including numerous transactions relating to its Portal devices, Messenger, Instagram, and various augmented and virtual reality offerings.
  • Intel Corporation, in a series of acquisitions of technology companies innovating in sectors such as AI, deep learning, semiconductors, autonomous vehicles, drones, and IoT, including the following transactions:
    • Acquisition of an AI/deep learning software company.
    • Acquisition of a German drone company with autopilot and anti-collision technologies.
    • Acquisition of a Russian company with IoT, computer vision and autonomous vehicle technologies.
    • Acquisition of an Italian IoT and self-driving safety technology company.
    • Acquisition of a fabless semiconductor company providing structured ASICs.
    • Asset purchase of a pan-Asian mobile chip business.
  • Slack, in connection with various technology transactions, involving its products and infrastructure, data privacy and policy matters, and customer contracts and terms of use, including transactions with key partners such as Amazon Web Services and IBM.
  • Square in connection with the creation of the Crypto Open Patent Alliance ("COPA"), a unique non-profit community formed to encourage the adoption and advancement of cryptocurrency technologies and to remove patents as a barrier to growth and innovation.
  • EchoStar Corp., in connection with various transactions, including:
    • Spin-off of certain technology and infrastructure assets relating to satellites and set-top boxes, and separating such business from its DISH Network consumer pay-TV business.
    • Exchange of its EchoStar Technologies businesses for the Hughes Retail Group tracking stock owned by DISH Network Corp. The transaction was effectively a carve-out M&A transaction in which we assisted with reorganizing and replacing and in some cases cross-licensing valuable intellectual property and information technology assets for the separated businesses.
    • Sale of Blockbuster's Mexican operations to an affiliate of Group Salinas and the administration of its business in the United Kingdom.
  • Google, in connection with various IP licensing and strategy matters.
  • Salesforce, in connection with various transactions ranging from alliances with data provider partners to M&A transactions.
  • Goldman Sachs in connection with its investment into Moonbug Entertainment, a children's entertainment company that distributes audio and video content on various platforms including YouTube, Amazon Prime and Netflix.
  • Brand management company, Iconix Brand Group, Inc., in a variety of transactions including:
    • Acquisition of the UMBRO brand from Nike, Inc.
    • Sale of its entertainment division, which included the rights to Peanuts, including content featuring Snoopy, Charlie Brown, Lucy and other well-known characters, and Strawberry Shortcake and its related characters, to DHX Media Ltd.
    • Sale of the SHARPER IMAGE business.
    • Transaction with Madonna resulting in the creation of a MATERIAL GIRL-branded line of clothing.
    • Creation of a joint venture with a Hong Kong-based company to expand Iconix's business in Asia.
  • Anthem, Inc., one of the nation's largest health benefits companies, in a number of transactions including:
    • Acquisition of myNEXUS Inc., a post-acute benefits management company focused on delivering innovative home and community-based product offerings.
    • Acquisition of InnovaCare Health, L.P.'s Puerto Rico-based subsidiaries, including MMM Holdings, LLC, one of the fastest-growing vertically integrated healthcare organizations in the United States.
    • Acquisition of Beacon Health Options, the largest independently held behavioral health organization in the United States, from Bain Capital Private Equity;
    • Acquisition of Aspire Health, Inc., the nation's largest non-hospice, community-based palliative care provider.
    • Sale of 1-800 CONTACTS, INC., a leading contact lens retailer, to Thomas H. Lee Partners; its related sale of 1-800 CONTACTS' glasses.com business to Luxottica.
    • Sale of its pharmacy benefit management business to Express Scripts, Inc.
  • Powermat Technologies in connection with a strategic license and collaboration agreement with Flextronics to embed Powermat's wireless charging technology in electronics and the development of a licensing program for its standard essential patents.
  • SoftBank Corp., in connection with the establishment of a JV with PayPal Pte. to bring PayPal Here, a global mobile payment solution, to Japan.
  • Corporativo Bimbo S.A. de C.V., a member of the Grupo Bimbo corporate family and its affiliates, in connection with a global IT outsourcing to HP Enterprise Services LLC, one of the largest outsourcing arrangements in Latin America.
  • Numerous investment banks and financial institutions in connection with the licensing and development of software, data processing arrangements, and IT outsourcing/cloud computing-based relationships.
  • BBVA in connection with a multi-year marketing, sponsorship and advertising relationship with the National Basketball Association (NBA), the NBA Development League and WNBA.
  • Allot Communications Ltd., a leading provider of service optimization and revenue generation solutions for fixed and mobile data networks worldwide, in connection with matters related to its acquisition of Ortiva Wireless, a privately-held provider of mobile video management solutions.
  • NICE-Systems Ltd., in connection with its acquisition of Merced Systems, Inc., a provider of service performance management and sales performance management software.
  • CODA Automotive in connection with its acquisition of ECS, an electric battery management solutions provider.
  • Skype Technologies, S.A., in connection with its acquisition of GroupMe.
  • First American, in connection with the acquisition, development and licensing of various software solutions and transaction management platforms for use in connection with real estate transactions.
  • A commercial airline, in connection with outsourcing its global reservation and passenger check-in system as well as its flight management systems.
  • A financial institution in connection with the licensing of certain mobile banking platforms and technology.
  • A financial institution, in the outsourcing of its online banking, financial accounts processing, statement printing, ATM and debit card creation and processing, and various other services related to its retail banking operations.
  • An international office products company with respect to sourcing relationships as well as software licensing.
Speaking Engagements

"IBA Roundtables: SPACs and Technology Companies," sponsored by the International Bar Association's Technology Law and Communications Law Committees, May 6, 2021

"Trends in Technology Deal-Making: From Silicon Valley and Around the World" at the International Bar Association's Virtually Together Annual Conference, November 18, 2020

"Technology Transactions: Connecting the World – Recent Developments for IP and Technology Transactions Attorneys," at the Association of Corporate Counsel (ACC) – San Francisco Bay Chapter's conference entitled "Deal or No Deal," October 28, 2020

"IBA Roundtables: The Effects of Schrems II on Trans-Atlantic Data Sharing," sponsored by the International Bar Association's Technology Law and Communications Law Committees, October 2, 2020

"Content Moderation and the Coronavirus," at Legal Frontiers in Digital Media sponsored by Berkeley Center for Law & Technology and Media Law Resource Center, April 15, 2020

"Technology Transactions Lawyers: A New Hope – Recent Developments for IP and Technology Transactions Attorneys" ," at the Association of Corporate Counsel (ACC) – San Francisco Bay Chapter's conference entitled "Deal or No Deal," November 7, 2019

"Digital Assistants: Rise of the Machines" at the International Bar Association's Annual Conference, September 23, 2019

"Resolutions and Recent Developments for IP and Technology Transactions Attorneys" ," at the Association of Corporate Counsel (ACC) – San Francisco Bay Chapter's conference entitled "ACC's Resolutions to Kick Start your 2019!," January 9, 2019

"Don't Get Blinded by the Dark Side: Recent Developments for IP and Technology Transactions Attorneys," at the Association of Corporate Counsel (ACC) – San Francisco Bay Chapter's conference entitled "Deal or No Deal," November 9, 2017

"Disruption or Protection? The impact of privacy, data protection, and cybersecurity laws on the adoption and use of technology," at the International Bar Association's Annual Conference, September 22, 2016

"How Recent Supreme Court and other Federal Cases May Impact Your Tech Transactions and IP Agreements," at the Association of Corporate Counsel (ACC) – San Francisco Bay Chapter's conference entitled "Deal or No Deal," November 19, 2015

"Cornerstones of Success for IT Services Contracts," at the International Bar Association Annual Conference, Technology Law Committee, October 5, 2015

"How to Succeed with Apps and Technology Development," at the International Bar Association's Silicon Valley from Start-Up to IPO/Exit Conference: The Growth of Venture Capital and Private Equity in Silicon Beach and Beyond, September 18, 2014

"Legal Issues Raised by Data Security Breaches," at the ISACA New England Annual Conference, June 17, 2014

"Advising Start-Up Life Sciences and Technology Companies From Creation to Exit: Setting Up a Winning Team and Corporate Structure," at the International Bar Association's Annual Conference, October 9, 2013

"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

Panel moderator, "Do I Have a Deal for You (a mock negotiation of indemnification and other risk related provisions)," at the Association of Corporate Counsel (ACC) – San Francisco Bay Chapter's conference entitled "Deal or No Deal: Advanced Contracts in a Box," November 12, 2010

Panel moderator, "Consumer Protection, Data Portability and Competition," at Berkeley Center for Law & Technology's conference on Emerging Law & Policy Issues in Cloud Computing, March 12, 2010

"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

Panel moderator, "Sports Merchandising and Memorabilia," at Fordham Law School's 12th Annual Sports Law Symposium, April 11, 2008

Publications

Daren manages White & Case's Technology Newsflash and frequently blogs on topics related to information technology, privacy and outsourcing.

Co-author, "Curtailing the Collection Of Geolocation Info," Law360, October 17, 2011 (with Allison M. Dodd and Imtiaz Yakub)

Co-author, "The Importance Of Good Drafting In Software Licenses," Law360, December 9, 2010 (with Andrew Dylan)

Co-author, "Trademark Infringement and the Legal Bases for the Recovery of Economic Damages," Economic Damages in Intellectual Property: A Hands-On Guide to Litigation, published by John Wiley & Sons, Inc., edited by Daniel J. Slottje, November 2006

"Federal Court Dismisses High Profile Libel Claim Against Polish Political Magazine," Media Law Resource Center Media Law Letter, March 2006

Awards and Recognition

Recognized Practitioner, Chambers USA, Technology & Outsourcing

Recommended Practitioner, Legal 500, USA, Technology Transactions and Outsourcing

Recommended Individual, IAM Strategy 300 – The World’s Leading IP Strategist (2020 Guide)

Recommended Individual, IAM Licensing 250

IAM Patent 1000: The World's Leading Patent Practitioners