Clients choose Latham to benefit from the firm's understanding of the client's business, as well as Latham's previous experience and ability to engage, document, and negotiate a deal that meets clients' objectives and appropriately mitigates their risk. Latham helps clients negotiate and agree to commercial contracts that are robust, pragmatic, workable, and lay the best foundations for a successful outcome.
Latham lawyers advise on the full spectrum of commercial contracts — from sale of goods or services agreements (including agency, distribution, and franchise agreements), to complex, high value, strategically important alliances, collaborations, consortium, and joint venture arrangements.
Latham understands that no matter how good the idea, many complex commercial collaborations will never come to fruition because they become bogged down by any number of technical, legal, regulatory, financial, commercial, or operational issues. It is therefore critical that the client has a legal team that is experienced and focused on resolving those issues to help drive the collaboration to a successful outcome.
Latham lawyers have particular experience in helping to facilitate unique, “never-been-done” commercial transactions. Latham identifies obstacles early in a commercial transaction and provides pragmatic, and often innovative, solutions before such issues arise.
Sometimes, the challenge of a commercial contract is simply determining the best approach to helping two or more parties achieve their objectives. Latham regularly advises on such matters, including: the choice of vehicle (i.e., a corporate entity or a contractual structure); how to document key parameters, such as governance; sharing and developing intellectual property; and regulatory requirements and potential liability. Latham works to give the venture the highest chance of success and helps parties understand the transaction's HR, pensions, competition, antitrust, and compliance implications.
Latham tailors the firm's support to clients' needs and budget, while ensuring clients always have the benefit of Latham's market experience and industry best practice. Latham lawyers align themselves with the client's business, and function as an extension of the client's in-house legal team to deliver practical solutions to complex transactions, efficiently.