Non-Disclosure & Operational Agreements

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Overview

As a service to our long-standing investment fund clients, RK&O has assembled a team of attorneys dedicated to assisting our clients with drafting, reviewing and negotiating a variety of agreements related to their ongoing business operations. These include recurring contracts ancillary to potential transactions or existing agreements (such as confidentiality agreements, finder’s agreements and accountant, advisor or placement agent engagement letters), as well as one-off contracts relating to our clients’ day-to-day operations (such as consulting agreements, end-user license agreements, software development agreements, and other vendor agreements).  For recurring contracts, we work with each client to determine protocols and standards to bring uniformity to these contracts. 

This team provides a high quality, cost-effective, turnkey solution to the daily flow of new contracts, many of which require prompt lawyer attention.  Many clients outsource to this team a portion of the work ordinarily performed by their in-house counsel, providing internal legal departments an effective way to lever their resources. The attorneys working in the practice have over 30 years of combined experience in this area, providing both a wealth of market knowledge and a unique value proposition because of their efficiency in negotiating these agreements. Certain attorneys in this practice also have experience working in-house, so they have a first-hand understanding of the demands for responsiveness and cost control faced by internal counsel. more +

Confidentiality Agreements

We represent clients in drafting, reviewing and negotiating confidentiality agreements and we help them establish policies and procedures to limit the impact of contractual confidentiality restrictions on investing activities.  We work with each client to develop a set of standard policies which we apply uniformly to the client’s confidentiality arrangements. We then quickly and seamlessly handle new agreements as they arise.

Vendor Agreements

We have extensive experience negotiating standard vendor agreements, such as end-user license agreements for proprietary software or market data services, software development agreements and administration agreements.  We provide this assistance promptly and efficiently, based on our familiarity with the particular business issues that typically arise in these agreements, as well as any concerns unique to each client.

Consulting Agreements

We regularly assist clients in negotiating agreements with consultants.  We do this work in an efficient yet thoughtful way; we are equally at home handling a bespoke agreement with a consultant critical to the success of a client’s potential or existing investment or a relatively standard form services agreement.