Andrew demonstrated everything you would want in your counsel: consistently thoughtful and strategic advice, a cool head, concern for our organization, and a great sense of humor throughout.
—Connor Diemand-Yauman, Co-CEO, Merit America

Andrew Caplan combines a pragmatic commercial sensibility with a keen attention to detail to guide clients through the life cycle of complex, technology-related commercial agreements and other corporate transactions.

Andrew maintains a broad and diverse technology transactions practice, assisting clients ranging from emerging growth companies to Fortune 500 enterprises and major banks on a wide range of commercial agreements. This typically centers on three primary areas: (1) software-related development, licensing, strategic partnership and re-sale arrangements, particularly regarding AI-related solutions, (2) financial technology-related transactions, particularly involving Banking-as-a-Service (BaaS), consumer loan programs and consumer reporting matters, and (3) hardware manufacturing, distribution and re-sale transactions. Andrew’s transactional experience also extends to a broad range of matters regarding IP licensing, information technology and business process outsourcing (ITO and BPO), and M&A-related commercial transactions. Andrew has worked on matters involving a wide range of technologies, including Software-as-a-Service (SaaS), cloud-based solutions, artificial intelligence (AI), quantum computing, augmented reality, e-commerce platforms, smart phones and various fintech-enabled lending platforms. He also complements his transactional practice with 15 years’ experience with financial services-related issues, with particular knowledge pertaining to lending and consumer reporting. Andrew is also active in the firm’s recruiting efforts and is the talent development partner for his practice section.

Representative Experience

  • Represents a leading digital bank in partnering with various fintech companies to launch innovative consumer lending programs.
  • Represents a unicorn AI company in strategic customer licensing agreements, partnership agreements and other high-profile commercial transactions.
  • Represented a global financial institution in negotiating and documenting a series of strategic technology licensing and services agreements in connection with the launch of its online deposits and lending platform.

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  • Represents a major financial institution in restructuring and negotiating its commercial relationships with the three major credit bureaus and other top tier data providers.
  • Represents an AI B2B SaaS platform in partnering with global manufacturing firms.
  • Represented a major automobile manufacturer in negotiations with a leading software provider related to connected device-related technologies and services.
  • Represented a global consumer insights and analytics company in negotiating and restating a $2 billion plus series of global outsourcing transactions with a leading Indian outsourcing company which spanned 100 countries.

Professional Highlights

  • Honored with an Award of Merit by the Bar Association of San Francisco (BASF) for providing pro bono counsel to BASF and the Justice and Diversity Center of the Bar Association of San Francisco during complex contract negotiations for their new Association Management System (2025)
  • Recognized by Best Lawyers: Ones to Watch (published by BL Rankings LLC) for Technology Law (2023–2025)

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  • External Publications
    • "Quantum-as-a-Service: Contracting for the Next Wave of Cloud Computing," The Computer & Internet Lawyer, February 2026. Author.
    • Real Property Transfers Ripe for Blockchain Disruption: Laws in the U.S. Must Follow the Technology, International Law Practicum Vol 31, No. 1,  September 2018. Coauthor.
    • The CFPB under Trump: Debunking Some Preconceptions, Law360,  Nov. 19, 2016. Coauthors.

Education

  • J.D., The George Washington University Law School, 2011
    The George Washington International Law Review

    B.A., Tufts University, 2007
    cum laude

Admissions

  • California

    District of Columbia

    New York