Michael P. Bennett

Michael Bennett is a partner in the Intellectual Property Department of Wildman Harrold. 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, Mike has counseled his clients on their use of technology and has provided strategies to avoid the legal pitfalls that frequently arise from such use. Before becoming a lawyer, Mike studied systems analysis and design at DePaul University. He began his legal career as in-house counsel at Zenith Data Systems, a computer company. From the first day of his law practice, Mike has consulted daily with clients on a variety of technology issues including the mitigation of risk associated with use and distribution of software licensed under an open source model, creation of RFID payment systems, data security and privacy issues, and the use of marketing data in a manner that does not violate various federal, state and international laws. 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 has recently negotiated the largest private/public outsourcing IT agreement valued at $2 billion on behalf of Northrop Grumman.

Representative Experience:

Served as lead counsel to Northrop Grumman in its recent negotiations for providing information technology services to the Commonwealth of Virginia. This unprecedented, ten-year IT outsourcing agreement is valued at $2 billion and represents the largest private/public outsourcing agreement. The agreement was particularly complex given the scope of the services involved, the number of state agencies and citizens that must be supported, the length of the agreement exacerbated by the accelerated pace of change of technology, the legislative approval process, and the fact that no agreement of this scope and magnitude had previously been structured.
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 The Kemper Insurance Companies in its $600 million relationship with a major provider of IT outsourcing services. Handles a wide array of complex 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.

Publications And Presentations:

Co-Author, "Ambitious Open Source Enforcement Action," Client Bulletin, February 2010.
Speaker, "Securing Adequate Terms Addressing Software Installation, Support and Maintenance," ACI Software Licensing Agreements Conference, San Francisco, October 6-7, 2009.
Co-Author, “Open Source Software: Your Company’s Legal Risks, LinuxInsider, September 4, 2008.
Co-Author, “Open Source Software Ruling Will Have Big Impact” IP Law360, September 03, 2008.
Author, “Open Source Decision Underscores Need for Compliance Program,” Client Bulletin, August 2008.
Co-Author, "Online Content Providers Watching CDA Immunity Developments," Mealey's Litigation Report: Cyber Tech & E-Commerce, December 2007.
Co-Author, “ADA Case Against Target.com Raises Possible Legal Requirements for Accessibility Claims,” Client Bulletin, December 2007.
Author, "California Enacts Law Against Forced RFID Implantation," Client Bulletin, December 2007.
Author, “Increased Compatibility and Complexity in Open Source,” Client Bulletin, October 2007.
Co-Author, “Mere Conduit or Content Provider: Courts Delve Deeper into CDA Gray Area,”
Client Bulletin, October 2007.
Co-Author, “Every Client Beware: More Open Source Litigation As Predicted” Client Bulletin, August 2007.
Speaker, “Controversy Surrounding the GNU General Public License V3,” Chicago Bar Association, February 20, 2007.
Speaker, “Using Open Source Strategies for Mitigating the Legal Risk,” Chicago Bar Association, September 19, 2006.
Contributor, The E-Business Legal Arsenal: Practitioner Agreements and Checklists, edited by Ruth Hill Bro, ABA Section of Science & Technology Law, 2004.
Speaker, “Failure of Exclusive Remedies,” Chicago Bar Association, November 18, 2003.
Author, “The Basics of Software Licensing,” The Journal of Investment Compliance, Spring 2002.
Speaker, “How to Bullet Proof Your Software License,” InSights Seminar, December 6–7, 2001.
Author, “.biz and .info Domain Names Coming Soon, Protection Available Now,” Wildman Harrold Client Bulletin, November 2000.
Speaker, “What the Business Lawyer Should Know About Electronic Communications,” 17th Annual Garrett Institute, April 24–25, 1997.

Professional Associations:

Chicago Bar Association

American Bar Association, Co-chair, Open Source Software Committee

Illinois State Bar Association

Bar Admissions:

Illinois, 1989

Personal Information:

Mike is currently studying Mandarin and already speaks Italian.

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