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+1 303 454 2418

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+1 720 221 0442

David A Toy
Partner, Denver
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david.toy@hoganlovells.com

David Toy concentrates in the areas of technology and intellectual property transactions, Internet and e-commerce counseling, commercial transactions, venture capital financing, and mergers and acquisitions.

David has extensive experience with complex technology and intellectual property transactions from both the buyer and vendor perspectives and with clients ranging from startups to Fortune 100 companies. Areas of focus include counseling for and the negotiation and documentation of: data, software, patent, know how, copyright, trademark, and other intellectual property licenses and purchases; software development, implementation, and support relationships; hardware and technology-related equipment development and acquisition; application service provider, hosting, and managed services deals; outsourcing arrangements; cloud computing transactions; telecom services and equipment purchases; manufacturing transactions; reseller, supply, and distribution relationships; source code escrows; and website terms of service/use and privacy policies. 

David acts as a clinical advisor to the Entrepreneurial Law Clinic at the University of Colorado Law School assisting law students in their representation of start-up companies.

REPRESENTATIVE EXPERIENCE
  • Represented a joint venture among three leading theater chains in a US$1bn rollout of a digital cinema network across more than 14,000 movie theater screens in the United States and Canada.
  • Represented a Fortune 100 company in a US$1bn global telecommunication re-evaluation and consolidation project.
  • Outside department general counsel for the technology procurement group of a Fortune 100 company responsible for scores of multi-million dollar domestic and international, conglomerate-wide licensing, technology transfer, hardware acquisition, and service transactions.
  • Represented a leading outsourced services provider in multiple US$500m plus outsourcing transactions.
  • Represented a Fortune 100 company in a global data center re-location and consolidation project.
  • Outside general counsel to an Internet service provider responsible for hundreds of domestic and international data acquisition and licensing transactions with Fortune 500 companies and other blue chip buyers.
  • Intellectual property counsel in a stock sale of an Internet service provider.
  • Seconded to act full time in lieu of in house legal counsel for a Fortune 100 hardware OEM in the commercialization of products.
  • Represented a vendor of financial software in the negotiation of several multi-million dollar software licensing transactions with Fortune 100 financial companies.


RECENT PRESENTATIONS
March 2009
Presenter, "Terms of Use, Privacy Policies and Other eBusiness Considerations." University of Colorado School of Law

Published Works
March 2012 "Implied Non-Infringement and Ownership Warranties in Intellectual Property Agreements." The Colorado Lawyer

04 February 2011 "The Effect of Mergers on Licenses: Considering the Often Overlooked and Unaddressed." BNA's Patent, Trademark & Copyright Journal

December 2010 "The Murky Waters of Intellectual Property Acquisitions via Merger." Boulder County Bar Newsletter

PUBLISHED WORKS PRIOR TO JOINING THE FIRM
January 2005
"The Pledge: The Constitutionality of an American Icon." Journal of Law & Education

PRACTICES
Technology Contracts
Licensing and Technology Transfer
Internet and E-Commerce
IP in Commercial Transactions
Outsourcing
Intellectual Property
Commercial
Copyrights
Patents
Trademarks and Brands
Trade Secrets and Confidential Know-How
Domain Names
Corporate
Mergers and Acquisitions
Private Equity/Venture Capital
INDUSTRY SECTORS
Technology
Technology, Media and Telecoms
Electronics
EDUCATION
J.D., cum laude, Order of the Coif, University of Kentucky College of Law, 2004 B.S., Brigham Young University, 2001
MEMBERSHIPS
  • Member, American Bar Association
  • Member, Colorado Bar Association, Communication & Technology Law Section and Business Law Section
  • Member, Denver Bar Association
AWARDS / RANKINGS
  • Colorado Super Lawyers Rising Stars, 2010, 2012-2014
BAR ADMISSIONS / QUALIFICATIONS Colorado Tennessee