Martha Phelps

Counsel

I'm a believer in extreme legal simplification.

As an in-house alumna of two Fortune 100 omnichannel retailers, Martha Phelps approaches technology transactions with a focus on practical problem-solving and customer experience. She counsels technology, retail, media, and other innovative businesses ranging from startups to Fortune 100 companies on technology transactions, product development and launches, consumer law, and intellectual property matters, and is experienced in advising disruptive businesses, including those within traditional organizations. Martha is a former lexicographer with a passion for creative and practical risk management as well as legal simplification. Her practice focuses on consumer-facing businesses.

Practice Highlights

Technology transactions

Draft and negotiate strategic collaboration agreements; inbound and outbound content licensing, hosted services, software licensing, and services agreements; and joint-marketing, reseller, partner, and distribution agreements, in support of run-the-business initiatives as well as run-the-company functionality.

Product lifecycle advising

Regularly advise on and draft and negotiate agreements in support of all stages of product life-cycle, including development and launch; acquisition and integration; supply-chain and sales channels; platform migration; new channel launches; business dispositions and service consolidations; and program discontinuation.

Online agreements and program terms

Draft and advise on website and app conditions of use and program terms for programs such as eCommerce sales channel; early-access product review programs; wedding registry and wish lists; college student promotional programs and offers; vendor, customer, and seller portals; online purchase terms; games and app downloads; loyalty programs; seller program participation; and affiliate program participation. Regularly advise on state-of-the-law with respect to enforceability of online terms and enforceable acceptance mechanisms and user experiences.

Admitted to Practice

Washington, 2006
Minnesota, 2014
Massachusetts, 1998

Education

J.D., Boston College Law School, 1998, cum laude
- Executive Editor, Boston College Environmental Affairs Law Review
A.B., English Language & Literature, Smith College

Memberships & Affiliations

- Board of Directors, AdoptAClassroom.org, 2015-present
- Co-president, Smith College Club of Seattle, 2007-2012

Background

- Senior Director, Legal, Best Buy Co., Inc., Richfield, Minn., 2013-2016
- Senior Corporate Counsel, Amazon.com, Inc., Seattle, 2005-2012
- Corporate Counsel, Lightbridge, Inc., Burlington, Mass., 2001-2005
- Associate, Bingham McCutchen LLP, Boston, 1998-2001

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