Andrew Klungness focuses his practice on intellectual property and technology transactions. Leveraging nearly two decades of legal and business experience, Andrew navigates clients through the opportunities and risks related to innovation and disruption, which are faced by both emerging and mature companies. He counsels clients in a number of industries, including e-commerce/retail, mobile, enterprise technology, hardware, social media, interactive entertainment, digital media, consumer products, edtech, and fintech, among others.
Andrew leads significant and complex strategic alliances, joint ventures and other collaboration and partnering arrangements, which often include intellectual property rights or technological innovation. He also structures and negotiates a wide range of general technology and commercial transactions, including software license and implementation transactions (both SaaS and on-premises); cloud; outsourcing transactions (ITO and AD/M); manufacturing (including OEM and ODM); consulting agreements; channel partnerships (sales representative, distributor and reseller); merchandise licensing; content, trademark, patent, and technology licenses; joint development agreements; and influencer, co-branding and cross-promotion agreements.
Apart from his transactional practice, Andrew provides strategic counseling regarding best practices to reduce the risks associated with doing business on digital platforms, from online, to mobile and social media, connected devices and VR/AR platforms. This counseling often involves advice around intellectual property, consumer protection (e.g., warranties, subscription auto-renewal law) and international issues, as well as privacy and data security.
Andrew is an enthusiastic member of the Silicon Beach community, having practiced technology law in Santa Monica since the “dot com” era. His passion for local startups carries over into helping his earlier stage clients develop, protect and monetize their IP; navigate the “grey areas” of the law inevitably present in innovation and disruption; and implement “playbooks” around the day-to-day contracts that make up their business.
Andrew has been recognized as a top technology transactions attorney in Santa Monica by Super Lawyers (2015-2018) and noted as one of the top partners to work for by Above the Law.
Prior to joining Fenwick & West, Andrew was a partner in the Technology, Sourcing and Commercial practice of a leading international law firm.