Michael P. Bennett

Michael Bennett is a Partner in the Intellectual Property Department of Locke Lord. Mike's entire legal career has been spent advising technology companies as well as companies acquiring technology products on the legal issues inherent in existing and emerging technology. For nearly 20 years, he has counseled clients on a variety of technology issues including big data, wireless communications, machine-to-machine wireless communications, in-bound and outbound sourcing, SaaS, PaaS, IaaS and all aspects of Cloud computing, telematics, data security and privacy issues, RFID payment systems, and the use of marketing data in a manner that does not violate various federal, state and international laws. He counsels clients on open source issues, both as part of on-going compliance and during M&A transactions. On behalf of technology consumers, Mike has negotiated transactions with nearly every major provider of hardware and software operating systems and applications. These negotiations include traditional inbound and outbound licensing, development agreements, distribution, customization, and implementation. Mike has represented clients acquiring ASP services, traditional outsourcing, business process outsourcing, and facilities management services, and negotiated on behalf of Northrop Grumman the largest private/public outsourcing IT agreement at the time, valued at $2 billion.

In 2013, Mike was selected as a "Top Rated Lawyer in Technology" by American Lawyer Media and Martindale-Hubbell. He has been also recognized as a leading lawyer for Illinois, Technology & Outsourcing in Chambers and Partners USA, noting in 2013 that his "client service is at the highest level” and “his extensive cloud computing experience, which alongside his deep open source knowledge gives him an enviable awareness of the impact of emerging technologies on business development." Mike also has been selected by his peers as Leading Lawyer in Computer & Technology Law.

• Represented RISC Networks, an industry leader in cloud, data center and network operations analytics, in the company’s acquisition by Flexera
• Assisted major captive finance company in audit by compliance software vendor which demanded in excess of $2 million in new license fees for alleged license non compliance. Locke Lord investigation identified affiliate master license which reduced liability. Investigation demonstrated vendor had installed excess software without client’s knowledge. Vendor ultimately admitted the client had no liability.
• Assisted client in allegations by top-tier document management provider. Client liability was reduced to nothing after careful review of amended audit clause demonstrated client was entitled to favorable treatment.
• Client was accused of using analytics software in excess of licensed entitlements and vendor demanded $1 million in new fees. After investigation showing the majority of products were licensed in a bundle with other products, client’s liability was reduced to $100,000.
• Specialized publisher was subject to alleged liability of $8 million, which would have put the publisher out of business. Through careful management of the audit process, client’s liability was reduced to $0.
• Assisted client in travel and hospitality industry with certification audit of an “unlimited license”. Locke Lord helped the client strategically bank use of virtualized software to address future expansion needs.
• Assisted client in packaging business accused of exceeding license entitlements. The licensor demanded in excess of $8 million dollars. Locke Lord teamed with inside counsel and an audit assistance team to show that nearly all of the alleged over-use was covered by existing licenses. The client ultimately paid less than $300,000.
• Served as legal counsel to MVC Private Equity Fund, L.P. in the sale of its portfolio company Plymouth Rock Energy, a leading retail energy provider of natural gas and electricity, to ENGIE Resources
• Structures and negotiates innovative licensing and supplier agreements to maximize downstream revenue for bio-fuels technology companies
• Counsels corporations on policies, license agreements and best practices for Open Source and Cloud Computing technology
• Served as lead counsel to an IT service provider for a ten-year IT outsourcing agreement valued at $2 billion; the largest private public outsourcing agreement of its kind
• Represents a multi-billion dollar leading consumer brands company on all of its major technology transactions including traditional licensing agreements, ASP agreements, implementation agreements for Enterprise Resource Planning systems, and outsourcing
• Represented one of the world’s leading spirits companies regarding issues related to the outsourcing of finance and accounting functions. Assisted client from the negotiation of a legal structure for the outsourcing agreement to ongoing maintenance of change orders
• Represents an insurance company in its $600 million relationship with a major provider of IT outsourcing services, in a wide array of matters including structuring of outsourcing agreements, developing new applications, and dealing with various disputes that arise
• Represented one of the country’s largest REITs regarding all of its major technology initiatives including implementation of back-end systems, front-end systems, telecommunication agreements, and B-to-B commerce sites
• Represented a major provider of travel content regarding a significant technology initiative designed to increase the scope and allow greater control of the services it offers consumers and businesses
• Represents a global communications and manufacturing company in its licensing dispute