Andrew Updegrove
Attorney, Lucash, Gesmer & Updegrove LLP
Andrew Updegrove has a broad range of experience in representing both
mature and emerging high technology (and particularly software and Internet)
companies in all aspects of their legal affairs.
He has also represented and helped structure more than 45 worldwide
standard setting consortia, including some of the largest standard setting
organizations in the world. He
spends a significant part of his time giving strategic advice to clients
of the firm.
The greatest part of his time over more than 20 years in practice has
been spent counseling emerging high technology and other fast growth clients.
He has advised many hundreds of startup companies with respect to their
strategic and legal needs, assisting them in their progress from a concept
to a mature company. In the course of this representation, he has
critiqued their business plans, advised on structuring their businesses,
introduced them to financing sources, represented them in angel, venture
capital, bank and public financings, advised them on behalf of their intellectual
property programs, negotiated mergers and acquisitions on their behalf,
and assisted them in many other aspects of their legal and business affairs.
He was recently named one of the "Best VC Lawyers" in Boston
by the Digital Industry News.
He has also represented mature companies in many areas, including with
respect to financings, mergers and acquisitions, the redeployment of services
and assets onto the Internet, and complex intellectual property matters.
In the consortium area, he has been retained by many of the largest
technology corporations in the world to assist them in setting up international
standard setting and technology promotional organizations.
He has also advised Fortune 500 companies with respect to setting
internal standards setting policies and goals and edits ConsortiumInfo.org,
a website created and maintained by the firm which is intended to provide
the most comprehensive source of information on the Internet regarding
forming and maintaining consortia.
He is a frequent speaker on the topics of financing, emerging company
issues, and mergers and acquisitions, and has written extensively on the
topic of standard setting and consortium formation. Mr. Updegrove
is a graduate of Yale University and the Cornell University Law School.
He is a certified mediator, and a member of the Panel of Mediators of
the Massachusetts Software and Internet Council. Outside the office, he
is the Moderator of the Old North Church in Marblehead, and the Treasurer
of the Vinalhaven [Maine] Land Trust.
Andrew Updegrove
SELECTED PUBLICATIONS, SPEECHES
AND SEMINARS
Publications:
January 2002 - LGU Publications: "Where's
the Money? A Survey of Massachusetts Venture Capital Funds"
Sept/Oct, 1999 - Florida Business Insight (Volume. 3, Number
5): "Breaking
Up the
Lawyers' Monopoly on Legal Services"
February 5, 1999 - Washington Legal Foundation (Volume.14, Number.
5): "Time
to Break Up the
Lawyers' Monopoly on Legal Services" [Position Paper circulated
to legislators, bar associations, etc. nationally]
Summer, 1997 - Lawyers' Business Journal: "The
Law Firm of the Future" [Reprint of Recorder article]
October, 1996 - Intellectual Property [magazine] [San Francisco,
CA] (Page 4): "Firms
of the Future" [Reprint of Recorder article]
June 24, 1996 - Legal Times [of Washington, D.C.] (Page S51):
"Quiet
Revolution in
Business Law"
June 12, 1996 - The [San Francisco] Recorder (Page 4): "Firms
of the Future"
December, 1995 - StandardView (Volume 3, Number 4): "Standard
Setting and Consortium
Structures"
May, 1995 - Geo Info Systems (Volume 5, Number 5): "Setting
Standards on Firm
Foundations: Consortia Structures and Consensus Building"
June, 1994 - Kennedy School/National Institute of Standards and
Technology "Consortia
and the Role of Government in Standard Setting"
March, 1994 - Computer Lawyer (Volume 11, Number 3) "Forming
and Representing
High-Technology Consortia: Legal and Strategic Issues"
December, 1993 - IEEE MICRO (Page 52): "Forming,
Founding and Funding Standard-Setting
Consortia"
Sep/Oct, 1993 - Mergers and Acquisitions Today (Page 4-7): "Selling
the Software Company"
February, 1993 - Software Success (Volume 7, Number 2): "Project/Royalty
Financing
- A New Approach to Software Investments"
September, 1989 - BCS Enterprise: "Industry Associations"
(Boston Computer Society Consultants and Entrepreneurs Group Journal)
February, 1988 - High Technology Business (Page 17): "Investors
Gain Clout: New Rules Give Venture Capital Greater Control"
Testimony and Interviews
April 18, 2002 - Testimony at joint hearings held by the Justice Department
and the Federal Trade Commission on "Competition and Intellectual
Property Law and Policy in the Knowledge-Based Economy", speaking
on the subject of consortium and standard setting organization intellectual
property policies, licensing terms and standards adoption processes.
February 7, 2000 - Massachusetts Lawyers Weekly (28 M.L.W. 1259,
Page B5): "Member on the Move" Interview
March, 1991 - InKnowVation (Volume V, Number 7-8): "Handling
Software Investment: A Suggested Approach". (Story/interview based
on royalty based finance article in the Technology Law Bulletin)
November 19, 1990 - Private Placement Letter (Volume 8, Number
22): "New Approach to Software Investing". (Story/interview
based on royalty based finance article in the Technology Law Bulletin)
November 27, 1989 - Soft*Letter (Volume 7, Number 11): "Why
Venture Money is Harder to Find". (Interview/story following up
on earlier Technology Law Bulletin Article)
Presentation synopsis
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