How we protect our clients’ businesses in the context of international scaling

Key challenges and our solutions

Scaling a business internationally always comes with a number of challenges. Regardless of the stage of development of the company, we accompany owners at all stages, helping them to go through the procedures transparently and safely. Drawing on many years of experience, we combine different areas of practice to provide comprehensive legal support to businesses. Currently, we can highlight several key areas of our work, including:

• Protection of intellectual property rights as a key asset for technology companies. It is important to consider the confirmation of the transfer of rights and the subsequent registration of the technology or brand. There may be other features, such as receiving royalties, licensing, and structuring an IP box.
• Building a holding structure – a tool for protecting assets and optimizing taxation in business. From Ukrainian sole proprietors and Dnipro City at the beginning of product creation to the inclusion of companies from different jurisdictions in the structure. It is important that each company fulfills specific tasks, taking into account substance requirements, international tax requirements, owner needs, and development plans.
• Regulation of artificial intelligence – AI technologies are rapidly being introduced into business, and at the same time, government agencies in the EU, UK, US, and Asia are trying to legislate the regulation of such solutions. The legal compliance of AI systems must be ensured. These requirements should be analyzed in advance, taking into account both the current stage of development and future representatives.
• Legal support for attracting investment – preliminary term sheets, SAFE, venture capital, and other types of investments should combine both the agreements of the parties and the certainty of subsequent actions. Owners should understand not only how much they will receive and what support they can expect from investors, but also what it may cost them in the future. Sometimes, investments that seem attractive at first glance can lead to total control and the possibility of buying out the project.
• Interaction with the end consumer – high-quality agreements on the website are already a must-have and a “rule of good taste” that shows the face of the project to lawyers and others. They must work for the project, protecting it when interacting with others, as well as describing the real processes of working with data, confidential and private information, following all regulations such as GDPR, AI act, and more.

Soft Skills for Tech Lawyers: More Than Just Expertise Is Needed

Nowadays, lawyers are required not only to know the law, but also to be reliable partners capable of adapting to a dynamic environment. This is where soft skills come to the fore.

We believe that effective communication is one of the most important aspects. An effective lawyer knows how to “translate” complex legal terms into simple and understandable language. This helps not only to quickly resolve current issues, but also to build trust and long-term relationships. Answers cannot be merely “formally correct”; they must be understood and heard.

In addition to communication, we would highlight flexibility and adaptability in work, which are necessary for effective interaction with international clients, taking into account different time zones and cultures. This is not about working 24/7, but about the ability to work with priorities and delegation, as well as in a team. These seem like simple things, but when it comes to practice, some people have a problem with “focusing on themselves” or “only I can do it,” which affects deadlines and quality.

If at one time we were asked questions such as why there are so many hours and why the cost per hour is so high, now they may ask: “Why do I need a lawyer if I can ask GPT in a chat?” First, you have to answer yourself – why us and not AI chats? Second, explain the fundamental differences to clients and confirm them with actions. We are succeeding in this, and I am very grateful to our clients for their trust. At the same time, not everyone can be convinced, but these are our potential future clients with an increasing number of tasks due to potential shortcomings in AI. Therefore, both working correctly with AI and understanding your own value are another must-have skill. By the way, our team has introduced special regulations for working with AI, which are constantly updated and supplemented, but the basis remains unchanged. The lawyer is in charge and responsible for the work, and confidentiality and data security are a top priority.

As a result, soft skills become no less important than legal expertise. They allow you to build trust, establish long-term relationships with clients, and be not just an advisor to them, but a reliable partner.

In turn, we, as a company, provide the necessary conditions for our team members. These are general conditions, including: at least 24 days of vacation per year, individual plans with an understanding of growth options, the possibility of full remote work with a well-equipped workplace, paid training for professional development, courses for software and auxiliary skills (English, public speaking, etc.), necessary services and subscriptions, and more. It is important to us that everyone feels comfortable and that cooperation brings development and satisfaction.

Examples from our practice

In our work with technology businesses, we regularly handle cases involving the structuring of rights, intellectual property protection, attracting investment, entering international markets, etc.

Case 1: Protection of IP rights for a mobile application

The first example concerned the launch of a mobile application, where the company had already spent more than $1.6 million. During the investment attraction and due diligence process, it became clear that more than 85 developers had not transferred their rights to the product. Therefore, the owner did not actually own the product, could not confirm ownership, and could not attract further investment.

Within four weeks, we transferred the rights from all participants and secured the transfer with separate registrations. Agreements with various attachments were developed, depending on the specifics of the services. We specified the objects, and the fact of the transfer of rights was confirmed both by contracts and independent digital resources, with subsequent registration of copyright, designers, and the formation of an IP book for investors.

The process was complicated because a significant number of people no longer worked for the company, and in order to achieve the desired result, it was necessary to find an approach to each of them. However, this did not prevent us from completing due diligence without delay and helping the company obtain financing.

Case 2: Support for an investment agreement

Another example involved facilitating pre-seed investment under SAFE for a US IT application with an estimated value of $10 million. For both the investor and the company, this was their first experience with such a deal, with a high level of uncertainty regarding the procedure. Our lawyers acted as facilitators and helped each party clearly understand the possible consequences and the obligations they were undertaking.

Subsequently, structured agreements between the parties were drawn up, including valuation terms, discounts for future rounds, and a roadmap for subsidiaries, including the development of related projects. As a result, we had the signing of SAFE within the agreed deadlines with clear obligations and rights for each of the parties. In addition, a plan was developed to attract new investors and the roles of current ones, as well as to support the transaction in banks. This required compliance with both the agreement and the project, the participants and their assets.

These examples show that today’s clients want to see not only professional legal work, but also support, understanding, and assistance in finding optimal solutions.

Participation in international legal communities and events

We believe that active participation in professional communities, conferences, and associations allows us to stay up to date with the latest trends, discuss the future of industries, and work with market leaders to develop best practices.

We are proud of our participation in leading organizations. For example, INTA, NAPA, and AIPPI are associations of intellectual property professionals. We regularly participate in their events to discuss global trends in IP and share our experience. At the last INTA annual meeting, we moderated a discussion on artificial intelligence and its impact on the IP field, and at AIPPI, we regularly participate in the work of the TM committee. We have been actively interacting and participating in the relevant committees of the Ukrainian National Bar Association since 2018. As members of the European Young Bar Association (EYBA), we interact with lawyers from all over Europe and beyond.

Recently, our company also joined the International AI Ethics and Integrity Association (AIEI) as a legal advisor. In this role, we are working with colleagues from around the world to develop and implement ethical standards for artificial intelligence. Participation in these communities allows us not only to observe changes, but also to actively participate in shaping them.

Conclusion

Every market, product, owner, team, and company is unique. What works in one country may be completely unsuitable or even prohibited in another. Although scaling a business with a global presence opens up great opportunities, it also requires a systematic approach, including to legal issues.

Of course, the basis for our interaction with projects is our many years of expertise and our team. Every member of our company lives and breathes law, which closely intersects with the creative and technological world and a multitude of business processes. We see our involvement as more than just preparing documentation and providing advice; it is more about partnership with our clients.

When we support our clients, we measure success in the following way: have the risks decreased today and has the company’s security increased tomorrow? Our focus is to bring rights and responsibilities together into a single system: IP, structure, taxes, data, and AI. We care about our clients’ confidence in the future.

Published by Pravo, Legal Practice Publishing House

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