Field Law - Edmonton Calgary Yellowknife

Richard Stobbe
Lawyer, Trademark Agent, CLP

Bar Admissions
1999 - British Columbia Bar
2005 - Alberta Bar

Practice Areas
Intellectual Property and Technology
Business
Corporate Finance and Securities
Privacy
Internet Law
Emerging Technologies

  • An Alberta-based software vendor had developed a proprietary product that it was ready to take to market with their first big customer. The software vendor turned to Richard when they faced negotiations involving complex contractual issues with which they didn't have first-hand experience. "They felt as though their reputation was at stake and they were losing control of the negotiation process," as Richard described it. "Issues such as software escrow, IP indemnities and limitations of liability - these issues took on additional importance for this client in light of the size of the deal. The stakes were higher. So, we unpacked the issues one at a time, got them through the process under some intense time and budget pressures, signed the deal and helped them move onto implementation."
  • Richard was brought in to handle IP due diligence when the founders of an Alberta-based software client were negotiating the sale of the company’s assets to a much bigger U.S. company. A smaller firm was initially engaged to assist with the main contract negotiations. However, when it became clear that the deal was becoming much more complex, the smaller firm turned to Richard to take on the whole transaction. "We took over as lead counsel as the deal evolved. I assisted the client through a long and complicated asset purchase agreement, one with a few cross-border twists. The deal involved terms of payment after closing, residual risks and complex representations and warranties about what the vendors were able to promise about the assets they were selling. Of course, there was a tight closing deadline. It was a big plus for me to have deep, expert help within Field Law. When you’re negotiating across from U.S. counsel, it’s nice to stand shoulder-to-shoulder with your colleagues who have securities, corporate and employment law expertise. It’s this bench-strength that clients are looking for when they are negotiating the biggest deal of their lives.

Other representative experience:

  • Acted as counsel for the vendor in the purchase and sale of shares of a cloud-computing (software-as-a-service) company
  • Acted as counsel for health services company in its acquisition by a public company for aggregate consideration of up to $215 million, including the sale of intellectual property to the purchaser for an aggregate purchase price of $55 million in cash
  • Acted as counsel for the borrower in connection with $90 million credit facility including preparation and drafting of closing documents, credit agreement and subsidiary guarantees and security
  • Acted for multinational oil company in preparation and drafting of closing documents in connection with $45 million amended credit agreement and subsidiary guarantees
  • Preparation and drafting of documents for $15 million investment in manufacturing company by way of issuance of series of secured debentures
  • Conducted due diligence review, acting for syndicate of venture capitalists and other private investors in $14.5 million equity financing of biotechnology company, drafting and negotiating shareholder and share subscription agreements
  • Acted in acquisition and financing of $5.6 million fibre-optic network, and drafting related agreements, including indefeasible rights of use agreements
  • Licensing and protection of intellectual property (IP) rights, including software licensing, trade-mark licensing, licensing of mobile applications, patent licensing and assignments of IP rights
  • Advised multinational company on IT outsourcing, including software licensing, customization, technical support agreement and IT services agreement
  • Acted in negotiation and settlement of disputes regarding ownership of IP rights
  • Negotiated the settlement of domain name disputes including drafting domain name transfer agreements, and arbitration claims pursuant to dispute resolution procedures
  • Acted for university tech-transfer office in connection with out-bound licensing of intellectual property rights
  • Acted for internet-based software service providers in licensing of technology
  • Assisted client with preparation of national franchise agreements and disclosure documents
  • Trade-mark protection strategies, licensing, assignments and transfers, trade-mark prosecution and re-branding projects for companies with worldwide operations
  • Advising on website development agreements, online contracting and e-commerce agreements
  • Establishing security in connection with various transactions, including inventory financing, purchase and sale of real estate, inter-company loans
  • Preparing and advising on OEM, manufacturing and distribution agreements
  • Drafting and advising on multi-party joint venture agreements
  • Acting for companies and shareholders in the negotiation and drafting of shareholders agreements and share subscription agreements
  • Acting for purchasers / vendors in purchase and sale of business assets and shares, including drafting and negotiation of purchase agreements, conducting due diligence, reviewing and preparing financing documents, obtaining security