Jenny E. Cieplak focuses her practice on technology transactions, in particular FinTech and the financial services industry. Her experience includes work on the creation, governance, and sale of electronic trading platforms, exchanges, swap execution facilities, clearinghouses, and data repositories. She provides her clients with a unique combination of skills based on her knowledge of technology and her experience with collaborative arrangements between IP creators and users, especially in the financial industry.
Ms. Cieplak provides counsel to clients on technology transactions and IP portfolio management, advising on all aspects of IP creation, protection, licensing, and sales. Ms. Cieplak structures and drafts IP agreements that are key to a company’s lifecycle, from procurement, development, licensing, and hosting agreements to and M&A and similar exit transactions. She advises clients on collaborative development arrangements, including joint development agreements, use of open source technologies, and joint ventures. Her practice also includes management of the IP and technology aspects of mergers and acquisitions, financings, capital markets, and other corporate transactions. Ms. Cieplak also counsels clients on the implementation of new technologies such as blockchain and distributed ledgers, and the development of innovative products such as virtual currencies and blockchain-based assets.
Much of Ms. Cieplak’s practice focuses on arrangements between commercial users of technology, such as large financial institutions, and providers of technology – not only in licensing and services arrangements but also in developing collaborative relationships between technology users and technology providers, including investment and governance arrangements. Ms. Cieplak is experienced in the creation and governance of complex joint ventures, advising on matters such as entity formation, ownership structure, corporate governance, intellectual property ownership and use, staffing approaches, and exit strategies. She also represents clients in connection with mergers and acquisitions and strategic investments, managing the diligence process, structuring transactions, and drafting and negotiating documents ranging from early-stage investments in startup companies to public company acquisitions.
Ms. Cieplak provides regulatory advice to clients in the financial services industry, particularly in relation to regulation of the OTC derivatives markets. Ms. Cieplak has advised trading platforms, swap dealers, major swap participants, and end users regarding the CFTC’s regulatory regime, including with respect to registration issues, reporting, documentation, and internal and external business conduct requirements.