Practice Areas: Technology & Outsourcing

Transactions

Our Technology and Outsourcing Practice lawyers are trusted business and legal advisors — analyzing market conditions and trends, strategizing with clients to maximize the value of their products and services, and effectively procuring technology for all of their business needs.

To maximize success, increase value, and sustain profit in the commercialization arena, a company must rely on skilled counsel to preserve the internal treatment, deployment, and exploitation of their technology assets. Our knowledge of the industry helps us to evaluate the markets, develop effective strategies, and guide clients through every phase of the commercialization process. We counsel companies in the licensing and acquisition of valuable technology and related joint venturing - from content licensing and co-branding, to advanced outbound and inbound technology agreements. Our attorneys have in-depth knowledge of advanced software licensing issues, such as data conversion and mapping, business process re-engineering, software customization and configuration, software installation, implementation, training, and data security.

The development, integration, and implementation of new systems is a complex process for any organization. It requires careful consideration of numerous and intricate legal and technical issues, and the engagement of seasoned counsel from the onset. This is particularly true of enterprise resource planning application suites, a highly complicated type of implementation that involves an integrated system of sales, forecasting, logistics, production, distribution, and human resources management. Our dedicated IT focus affords us significant insight into the multifaceted process, enabling us to navigate clients through difficult legal and business issues. Our attorneys are knowledgeable in a wide range of advanced development, integration, and implementation concerns, including large-scale deals involving wireless technology and infrastructure, maintenance and support agreements, consulting agreements, and enterprise applications.

We are intimately familiar with the issues confronting offices of technology management, universities, inventors and investors. Our attorneys handle complex technology transfer initiatives and help clients to identify and implement effective technology transfer measures, including trademark applications and registration, copyright enforcement, licensing, distribution, funding, sales, teaming, and research and development. We have also developed numerous training programs specifically designed for the academic community – covering everything from the basics of business plans to business operation and funding and licensing terms.

The methods of conducting business have expanded beyond traditional brick and mortar. Even in an online environment, business fundamentals remain the same. We help clients with every aspect of their online ventures. Our attorneys have experience in transactions involving business-to-business marketplaces and exchanges, content providers, Internet service providers, application service providers, wireless concerns, and broadband providers. We have represented technology and non-technology companies in a vast array of commerce issues such as digital business, co-branding, joint ventures and alliances, data mining, portal transactions, design, development and hosting agreements, website agreements, co-location, caching agreements, terms and conditions of use, and numerous other issues.

Sourcing, whether onshore, near-shore or offshore, is a decision that is top of mind for most executives in the public and private arenas. We understand the intricacies that factor into the planning and evaluation of those critical decisions. Our attorneys serve as lead consultants on matters ranging from the strategic sourcing of application development, desktop and data center functions, to mission critical business processes. Of paramount importance to our clients is our in-depth knowledge and understanding of the capabilities, strategies, negotiation positions and preferences, and preferred documentation of the major IT vendors. Our understanding of the key issues that are important to all sides involved, together with our specialized processes developed to address those issues in a balanced manner, permits us to achieve effective and desirable service arrangements for clients.

Disputes

The Technology and Outsourcing Practice includes attorneys who provide strategic counsel to clients on how to prevent and avoid costly technology disputes.  Our work touches virtually sector of the technology industry, and is consistently viewed as cutting edge, often setting groundbreaking precedents in information technology case law. We are ready to provide clients with a combination of skilled analysis and decisive action should a controversy arise. Our experience in disputes and complex litigation, combined with our exclusive focus on technology markets, provides us with an edge in bringing technology disputes to a successful and cost-efficient resolution.

When a situation is heading toward protest or litigation, we help clients evaluate the circumstances and analyze all possible courses of action. In an expedited manner, we identify the relevant facts and evaluate the strengths and weaknesses of each party’s position. This process allows all parties to better assess the merits of the dispute and structure an early resolution that is appropriate to the circumstances.

When matters evolve into litigation, we are strong advocates for our clients. We litigate complex intellectual property, software license, systems development, software development, trade secret and Internet disputes raising cutting-edge legal issues in state and federal courts throughout the United States. We prosecute and defend claims of trademark, trade dress and trade name infringement. In addition, we prosecute and defend claims of copyright infringement, and have extensive experience in license disputes seeking remedies in law and equity. Our attorneys successfully litigate claims related to trade secrets, unfair competition, employment and ownership of intellectual property, and enforcement of non-competition and non-disclosure agreements. We represent numerous clients involved in trade secret misappropriation disputes on the employer and employee sides of these matters.

Experienced in a variety of alternative dispute resolution forums, we serve as arbitrators, neutral mediators and advocates in arbitration and mediation proceedings. We have successfully handled an extensive number of arbitrations in the information technology field, and work with the parties to a dispute to gain a broad understanding of the disagreement and seek creative resolutions of the parties’ differences.