Practical solutions to help maximize the value of your IP and limit your IP, Privacy and Data Security liability

We leverage our knowledge of our clients’ businesses and industries to deliver practical, high value solutions.  We successfully limit our clients’ liability and risk while enabling our clients to achieve their business objectives.  Our clients value our high level legal and business advice as well as our collaborative client approach.

Technology Transactions

We help our clients maximize the value of their technology and intellectual property assets by structuring and negotiating a wide variety of transactions.  We have a deep understanding of numerous industries, including Internet, E-Commerce, healthcare, financial services, social networking, software, telecommunications, video games, hardware, cloud computing, data centers, mobile and entertainment.  Because of this experience, we add value by assisting our clients in developing the core business terms of the deal as well as advising on intellectual property matters and other legal terms of the transaction.  We also help clients create new business models and modify existing business models to maximize the value of their technology and intellectual property assets.

Privacy & Data Security

With the widespread use of data today, it is essential to have the right legal team who understands your industry and can help you achieve your business goals while minimizing your liability under privacy and data security laws. We have a cross-disciplinary team of experienced attorneys who seamlessly work together to assist our clients navigate the rapidly changing privacy and data security legal landscape.  We have counseled clients from startups to large public companies in a wide range of industries including cloud computing, data centers, healthcare, video games, software, financial services, entertainment, social media, mobile, Internet and E-Commerce.

IP Protection & Litigation

We recognize that a company’s intellectual property is a core corporate asset.  We protect our clients’ U.S. and global IP rights whether they relate to trademarks and branding, trade secrets and unfair competition or dilution, copyrights and patents.  When IP assets are threatened, our attorneys are equally experienced in the courtroom prosecuting and defending infringement actions, including counsel on pre-litigation dispute resolution strategies.

AREAS OF FOCUS

  • Technology Transactions Expertise
    • IP, Technology and Content Licensing: Draft and negotiate patent, trademark and copyright license agreements and assignment agreements, university license agreements, content license agreements and assignments and hardware and software development, license and sales agreements
    • Mergers, Acquisitions and Financings: Conduct intellectual property due diligence in mergers, acquisitions, asset purchase agreements and financings
    • Marketing Agreements: Draft and negotiate Internet advertising and marketing agreements, including sweepstakes rules and advise on CAN SPAM compliance
    • Collaboration and Joint Venture Agreements: Draft and negotiate joint development, revenue sharing, joint marketing and teaming agreements relating to intellectual property and technology
    • Manufacturing and Commercialization Agreements: Draft and negotiate supply chain agreements relating to technology, including volume purchase and sale, manufacturing and warehouse agreements
    • Distribution Agreements: Draft and negotiate OEM, reseller, VAR and other customized distribution agreements relating to intellectual property and technology
    • Consulting and Services Agreements: Draft and negotiate sales representative, consulting, software development, website development, mobile and social app development, hosted services, employee invention assignment and nondisclosure agreements
    • E-Commerce: Draft online sales and services agreements, (including SaaS agreements), and Terms of Use agreements, establish company-wide Digital Millennium Copyright Notice Act notice and take-down procedures, and advise clients on how to maximize enforceability of click to accept agreements
    • Open Source: Draft and negotiate open source license agreements, conduct open source audits and develop company-wide open source management policies
  • Privacy & Data Security Expertise
    • Privacy and Data Security Counseling: Advise companies on developing global business models to minimize legal liabilities, develop practical and cost-effective company-wide privacy and data security business policies, and help incorporate privacy and data security features into product and service offerings
    • Business Contracts: Draft and negotiate contracts for business transactions involving privacy and data security issues such as cloud computing, data storage, website development, mobile and social app development, social networking, E-Commerce and the Internet, including business transactions involving personal health information, financial information, information about children, document retention, geo-location tracking, marketing, behavioral advertising and transferring data into and out of the United States
    • Mergers, Acquisitions and Financings: Conduct privacy and data security due diligence in mergers, acquisitions, asset purchase agreements and financings
    • Online Privacy and E-Commerce: Draft and update Internet, mobile app and social app privacy policies, including privacy policies that comply with the Children’s On-Line Privacy Protection Act, Gramm-Leach-Bliley Act and the Health Insurance Portability and Accountability Act and advise clients on E.U. Safe Harbor compliance
    • Data Breach Incidents: Develop legal responses to electronic data security breaches, including corresponding with State Attorneys General and other state and federal agencies
    • Litigation: Litigate claims arising under the Computer Fraud and Abuse Act
    • Employee Privacy/Employer Compliance: Advise clients on employee privacy–related issues such as employee communications, employee use of social media, record keeping requirements, background checks and drug testing
  • IP Protection & Litigation Expertise
    • IP Protection: Advise clients on trademark, patent, copyright and patent protection strategies
    • Trade Secret Litigation: Pursue and defend claims of trade secret misappropriation in a variety of industries
    • Licensing Disputes: Litigate licensing disputes involving complex damages calculus and unjust enrichment claims
    • Trademark Litigation: Represent plaintiffs and defendants in trademark and trade name infringement lawsuits to secure rights to disputed marks and names