Kirby Cronin

Attorney / Shareholder

With more than 25 years of experience, Kirby Cronin focuses on intellectual property transactions, litigation, and counseling, with extensive experience representing financial institutions concerning their technology-related matters. In addition, he maintains an active trademark practice, while also assisting clients with a variety of copyright, trade secret, domain name, social media, and other intellectual property needs. Kirby also has significant experience throughout his career in a variety of other areas, such as commercial litigation, commercial and business transactions, and employment matters.

Kirby routinely leads or assists in negotiations opposite Fortune 100 U.S. companies, such as ExxonMobil, AT&T, Dell, HP, Hewlett Packard Enterprises, J.P. Morgan Chase, IBM, Capital One, Microsoft, Dow Chemical, United Airlines, Delta Air Lines, Intel, Cisco, Wells Fargo, and Oracle, as well as other notable entities, such as J.D. Power and Associates, VMware, Wolters Kluwer, Rackspace, Symantec, salesforce.com, Workday, Aramark, Halliburton, KPMG, Nabors, Emerson, Ericsson, Sony, the University of Texas, and the University of Oklahoma.

Kirby has been recognized by Acritas Stars (2016, 2017), Whataburger “Vendor of the Year” (2015), and BTI Client Service All-Star (2012).

Kirby also teaches Transactional Drafting at the University of Texas School of Law.

Practice Areas

Intellectual Property

Admitted to Practice

United States District Court for the Western District of Texas
United States District Court for the Southern District of Texas
United States District Court for the Northern District of Texas
United States Court of Appeals for the Fifth Circuit
State Bar of Texas

Education

University of Texas, 1995 J.D., with honors
University of Texas, 1991 B.B.A., International Business, with honors

Recognition, Honors, and Achievements

2021, Thomson Reuters Stand-out Lawyer
2016, 2017 Acritas Star
2015 Whataburger “Vendor of the Year”
2012 BTI Client Service All-Star

Professional Associations & Memberships

Life Fellow, Texas Bar Foundation

Representative Matters

  • Assisting a small software development company with a multi-million-dollar service agreement to enable a large, international chemical manufacturer to reverse engineer and then migrate its outdated, legacy software systems used in its manufacturing process into a more sustainable programming language
  • Assissting a specialty lending entity with structuring a multi-vendor, end-to-end replacement of the lending entity's in-house loan origination system, including leading negotiations with multiple vendors to obtain thorough contractual coverage of the resulting multi-tool system and intergration services
  • Assisting multiple clients in negotiating advertising agency agreements with marketing agencies
  • Developing form agreements for a small, start-up SaaS provider that facilitates detailed wayfinding functionality on third-party websites, including leading negotiations for same with major universities for application to their newly launched medical centers.
  • Assisting a client with multiple sports sponsorship agreements with public and private universities
  • Assisting a large bank with the transfer or termination of dozens of agreements from another bank as part of a merger of the two banks, including leading negotiations with international credit card providers and processers
  • Assisting a large restaurant chain with a sponsorship agreement for an NBA team, including leading related negotiations with the arena operator for the right to operate concession stands during the team's games played in that arena
  • Leading negotiations for an alumni association to continue its use of a private univerity's trademarks as part of the settlement of a high-profile lawsuit between the alumni association and the university
  • Leading negotiations with a major U.S. airline for a small specialty software provider to apply unique software transaltion tools to assist the airline in redeveloping its reservation system to a newer, more sustainable programming language
  • Leading negotiations for a small software provider to renew and extend its agreement with a major U.S. airline for the continued long-term licensing and maintenance of the software provider's fleet and passenger management system
  • Crafting and leading negotiations for a specialty lending institution with a major international software provider for a one-off incentive agreement related to the timely and accurate development of a software system for the lender's core business operations
  • Leading negotiations for a large regional restaurant chain to licnese its trademarks to multiple manufacturers of varying affinitiy products for resale to consumers
  • Leading negotiations for an ATM manufacturer to develop a next generation of multi-fuction ATMs for one of the largest U.S. banks
  • Performing all legal functions for one of the largest information technology companies in the world for the acquisition of a next generation expert software developed in Australia, including performing pre-acquisition due diligence, drafting necessary agreements, leading the negotiating team, and ensuring compliance by the seller with its post-acquisition obligations
  • Leading negotiations for a banking client in its hardware acquisition transactions with leading international hardware providers in support of its establishment of a brand new, state-of-the-art technology center
  • Leading negotiations for a supplier of ATMs and ATM software to supply a full feature software system to one of the nation's leading financial institutions on an enterprise-wide basis to operate and manage such institutions entire fleet of ATMs in the U.S.
  • Leading negotiations for a large municipal utility provider to obtain and implememt a SaaS solution to manage hundreds of thousands of new smart meters from a Canadian vendor.
  • Leading negotiations for a client to convert its payroll and employee benefits systems for approximately 4,000 employees onto a SaaS platform hosted by a leading human resources management vendor
  • Leading negotiations for a bank on an exclusive branding agreement with an ATM operator to double the client's fleet of branded ATMs
  • Drafting a data license agreement for, and leading negotiations on behlaf of, a publishing and television information company to complete a long-term relationship with a large, national television service provider