Commercial Contracts and Collaborations

A successful commercial contract allows two or more parties to align their interests and generate long-term value for all parties to the transaction. Latham lawyers play an essential role in ensuring parties do not inadvertently revert to a “zero-sum” mindset during negotiations and lose sight of this fundamental objective.

Why Latham

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.

Our Experience

Awards & Rankings

  • Latham Excels in 2017 AmLaw Corporate Scorecard - May 15, 2017
  • Partners Recognized for Client Service Excellence - February 06, 2017
  • Corporate Leaders Rank Latham as a Leading Law Firm for Client Service - November 30, 2016
  • Trio of Latham Partners Honored as “Women Leaders in Tech Law” - September 25, 2016
  • Latham Earns Top Rankings in 2016 Corporate Scorecard - April 10, 2016

Latham’s “renowned global practice” offers “specialist advice on technology, commercial and IP transactions,” including “specific expertise in cloud computing agreements and regulatory issues concerning personal data” and is “active advising emerging companies and start-ups.”

– Chambers Global 2020

Media Coverage

Technology Group Of The Year: Latham & Watkins


Latham & Watkins Advises Quanta Services in Proposed US$2.7 Billion Acquisition of Blattner EnergyLatham Advises LogMeIn in $1.8B Merger with Citrix’s GoTo Business through a Reverse Morris Trust Transaction Firm Named “Corporate Department of the Year” in California

Thought Leadership

Decision Excuses Non-Payment Arising From Secondary Sanctions ConcernsKnow Your Code: Open Source Usage Can Close Software Commercialisation Prospects for Tech Targets Joint Ventures in the Online Economy: New Uses for Old Guidelines

Webcasts & Podcasts

Podcast – Insolvency Reform: Spotting and Mitigating Future Risk in Supply RelationshipsPodcast – The Lipstick Effect: Why Are Beauty Deals Increasingly Attractive for Private Equity?Podcast – Insolvency Reform: Termination on Ipso Facto of Supply Contracts