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Shaun Sethna

Deputy General Counsel l SaaS l Legal Advisor for technology companies

Professional Background

Shaun Sethna has established himself as a highly qualified senior legal executive within the specialized realm of SaaS technology companies over the past decade. His rich experience includes significant expertise in mergers and acquisitions (M&A), having successfully led nine different negotiations that encompass all aspects of these transactions. Shaun's comprehensive understanding ensures that he effectively manages not just the legal frameworks but also SEC disclosures and filings to comply with complex regulatory requirements.

In his multifaceted role, Shaun oversees a multitude of business and legal affairs. This includes, but is not limited to, corporate governance, intellectual property (IP), data privacy, securities disclosures, and compliance. His ability to navigate these complex areas makes him an invaluable resource for his organization and its stakeholders.

Shaun is recognized as a proactive, growth-minded business partner. He is frequently engaged with the C-Suite, Board members, and departmental managers to provide strategic legal advice that supports the company's objectives. His approachable demeanor allows him to build deep and trusted relationships across the organization, fostering a collaborative culture that encourages innovation and goal-setting.

Shaun believes in the importance of being actively involved in discussions from the ground up. By ensuring he is part of the early stages of decision-making, he can significantly influence outcomes and support the company’s mission effectively. Shaun’s philosophy revolves around the idea that waiting for opportunities to be presented may inhibit his potential to create meaningful impacts within the business.

Education and Achievements

Shaun’s educational background lays a solid foundation for his successful career in law and business. He received his Juris Doctor (JD) from Columbia Law School, one of the nation’s top law schools, where he honed the legal skills crucial for effective corporate governance. Prior to his legal education, Shaun earned his Bachelor of Science (BS) degree in Industrial Engineering from the prestigious Georgia Institute of Technology. This unique combination of engineering and law equips him with analytical problem-solving skills that contribute to his aptitude for navigating complex legal and business issues.

Professional Experience

Shaun's career path reflects his ongoing commitment to excellence and leadership in the legal field. As the Deputy General Counsel at Altisource, he has played a pivotal role in overseeing legal compliance and strategy. He previously served as the Associate General Counsel at Altisource, where he was instrumental in managing various legal affairs supporting the organization’s growth.

Prior to his time at Altisource, Shaun was the Chief Counsel for a start-up SaaS data analytics business at Pointillist, showcasing his versatility in handling legal matters in fast-paced, innovative environments. His earlier roles also include serving as Senior Counsel for Technology Services and Intellectual Property at Altisource and as an Attorney at Schlumberger. Additionally, Shaun began his legal career as an Associate at King & Spalding, where he built essential skills that would define his professional trajectory.

Mentorship and Team Development

Shaun places a high priority on coaching and mentoring his team, considering it an essential aspect of his leadership style. He is a dedicated manager who takes great professional satisfaction in helping others to learn new skills, expand their expertise, and advance their careers. Shaun actively encourages his team members to pursue growth opportunities, believing that a well-developed team contributes significantly to the success of the organization.

Connect with Shaun

A natural connector, Shaun loves meeting new people. His enthusiasm for collaboration and idea-sharing makes him a great asset to any organization or network. With a wealth of knowledge in legal affairs, business strategy, and team development, Shaun invites anyone interested in connecting to reach out and explore opportunities for collaboration.

Whether discussing new legal frameworks, collaborative business goals, or evolving industry trends, Shaun welcomes the chance to engage with like-minded professionals who share a commitment to innovation and growth.

Highlights

Aug 12 · linkedin

One piece of advice to law firms: If you have a former GC (especially a recent one) in your practice group, it helps tremendously to make that person visible in pitches to clients.

I can usually tell based on how a law firm partner is speaking if they were a former GC/in house counsel.

One time I asked someone if they used to be in house. They said "no" and I was surprised.

And then it turned out that their mentor/boss had been a GC for years.

It's not that I think ex-GCs are better lawyers or even better communicators.

But it's much easier for me to feel like they understand the challenges that I deal with.

And once I believe they understand those challenges, it's pretty easy to trust them quickly.

Which is one of the most important things you want in your outside counsel.

What do you all think - law firm partners and fellow in house counsel? Do you find this is true for you as well?

#law #inhousecounsel

May 21 · linkedin

"ABC Corp. (together with its affiliates, "ABC") and XYZ Inc. (together with its affiliates, "XYZ") enter into this agreement as of the date of execution below. ABC and XYZ (collectively, the "Parties") hereby agree as follows:"

I've never understood why some people like to define party names to include affiliates.

Especially all affiliates - current and in the future, which is what the above would do.

It's riddled with one #ContractTrap after another. Here are just a few:

1 / Is it even effective? If ABC Corp and XYZ Inc are not the ultimate parent entities, can they really bind their parent companies in the first place?

2 / Does every single entity in the organization own the obligations of the party? So if a contract requires notice to be provided - for example, to avail itself of indemnification remedies - does every entity have to provide notice, lest that entities' damages not be indemnified? What if there's a covenant to comply with the laws applicable to the Party - does that mean that US entities have to comply with the laws applicable to the EU entities?

3 / And how is M&A impacted? Does an acquiring company (or acquired company) automatically assume all of the obligations too? That could make a target far less appealing, particularly if there are non-competes or other material restrictions binding all affiliates.

What should you do instead?

  • Always make sure that just one entity is the party (or if there are multiple that actually will operate under the agreement, call them out specifically by name).

  • If all of your entities are going to be operating under the agreement and the counterparty wants to make sure you're not using your affiliates to breach, limit the contract party to one entity and include a clause like this:

"if an act or omission by an affiliate of a party would constitute a breach of this agreement if such act or omission would have been committed by such party, such act or omission shall be deemed a breach of this agreement by such party and such party shall be liable for such breach as if such party had committed such breach".

  • And before binding future affiliates to anything, always make sure to think about the impact on future M&A activity before agreeing!

#contracts #law #inhousecounsel

Related Questions

How did Shaun Sethna develop his legal expertise in SaaS technology companies?
What are some key lessons Shaun Sethna has learned from leading mergers and acquisitions negotiations?
In what ways does Shaun Sethna prioritize mentorship and team development in his role?
How has Shaun's education at Columbia Law School shaped his approach to corporate governance?
What strategies does Shaun Sethna use to build relationships with C-suite executives and board members?
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Location

Greater Houston