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David A. Wormser

David A. Wormser is a commercial and intellectual property partner with Pepper Hamilton LLP. He serves as the partner in charge of the firm’s Washington office and is a former member of Pepper's Executive Committee.

Mr. Wormser works with intellectual property-intensive businesses to obtain maximum value for their products, services, technologies and, often, their companies, and with the purchasers of high-tech goods and services (and the technology itself) to ensure that they obtain the value for which they are paying.

Mr. Wormser routinely helps clients negotiate:

  • licenses of all types and varieties covering patents, copyrights, trademarks and trade secrets
  • cloud computing, hosted services and collocation arrangements
  • settlement agreements resolving patent, copyright and trademark litigation
  • development and joint development arrangements
  • sponsored research agreements
  • agreements to purchase or sell high tech companies or their assets
  • outsourcing and off-shoring deals
  • consulting agreements
  • manufacturing and supply agreements
  • OEM, distribution, reseller and marketing representative agreements
  • marketing and merchandizing agreements
  • e-commerce arrangements of all varieties.
By way of example, Mr. Wormser has represented:
  • a computer security software company in acquiring businesses offering complementary products; creating a full suite of end user licenses, distribution agreements and other commercial contracts; negotiating multiple OEM agreements; negotiating online search and advertising agreements; and a wide range of commercial and regulatory matters involving e-commerce, privacy, export control issues
  • a manufacturer of specialized electronic components in the sale of all of its assets to a strategic buyer
  • a manufacturer of specialized telecommunications systems in negotiating a wide range of technology licensing arrangements, drafting customer agreements, and managing its use and distribution of Open Source Software
  • an engineering and construction management company in negotiating rights to cutting edge alternative energy technology
  • an online research company in various licensing arrangements and its creation of a master customer agreement covering its full and diverse product line
  • government contractors in navigating the Rights in Technical Data provisions of the FAR and DFAR and taking full advantage of the rights granted by the Bayh Dole Act
  • an online automotive parts distributor in negotiating distribution arrangements with major parts retailers
  • a major glass manufacturer in negotiating a long-term agreement with a chemical company to develop jointly new glass coatings
  • a major manufacturer of dictation, transcription and document workflow systems in negotiations to procure technologies key to the company’s strategic plans, and in negotiating the technology-intensive portions of deals spinning off business no longer compatible with the company’s strategic plans
  • a cable multiple system operator (MSO) in its acquisition of mission-critical back-office equipment and software, network and customer premises equipment and related professional services, and in its procurement of video and Internet content
  • a wireless technology company in licensing its patent portfolio to major cellular handset and infrastructure equipment manufacturers
  • a consumer products company in its acquisition of an ERP system.
Mr. Wormser joined Pepper after serving as assistant general counsel to the Association of Data Processing Service Organizations (now part of TechAmerica). Mr. Wormser is a past member of the Steering Committee for the District of Columbia Bar Computer Law Section, and past president of the District of Columbia Computer Law Forum.

Education
B.S. 1977 Miami University (Oxford, Ohio)
J.D. 1980 Ohio State University College of Law


Bar Admissions
Admitted to practice in District of Columbia


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