Technology

Overview

We represent technology companies at every stage, from start-up to maturity. Additionally, we help companies navigate the legal and technical complexities associated with integrating and utilizing technology in business operations. Our diverse client base provides us with a comprehensive understanding of the constantly evolving technological landscape, enabling us to quickly understand and serve our clients’ needs.

Range of Services

Corporate

• Formation
• Raising capital
• Joint ventures

Artificial Intelligence Governance

• Develop AI governance frameworks and policies governing the responsible development, procurement, and use of AI tools
• Advise on the privacy, data-protection, and consumer-protection implications of training, deploying, and integrating AI systems
• Address intellectual property questions arising from AI-generated content and the use of proprietary or third-party data in AI models
• Draft and negotiate AI-related contract terms in vendor, licensing, and service agreements, including provisions on data use, performance, and allocation of risk
• Counsel clients on emerging AI legislation and regulatory guidance, and build practical compliance processes to keep pace with a fast-evolving landscape

Commercial Agreements

• Draft and negotiate license agreements, including software licenses, source code escrow agreements, software development agreements, maintenance and support agreements, equipment leases and OEM agreements
• Draft and negotiate technology contracts, domain name and website transfer agreements, end-user licenses, and Software as a Service (SaaS) licenses
• Draft and negotiate technology transfer agreements and development and distribution agreements
• Draft and negotiate end-user license agreements (EULAs), master service agreements, terms of use, business associate agreements, and data privacy addendums for both technology providers and their customers

e-Discovery & e-Retention

• Manage massive-scale document production and e-discovery projects
• Provide guidance on e-Discovery issues
• Litigation involving disputes concerning the scope of discovery, the methodology for searches of electronic data, and apportioning the cost of e-Discovery between parties and third party witnesses

Intellectual Property

• Represent clients in a number of forms of litigation in connection with internet and domain names, including under the Anti-Cybersquatting Consumer Protection Act (ACPA) and Uniform Domain Name Dispute Resolution Policy (UDRP)
• Represent clients from claims of misappropriation and infringement, as well as in the enforcement of their rights against the misappropriation and infringement of their intellectual property

Litigation & Appellate

• Represent major technology companies and technology trade associations in federal litigation
• Defend privacy and consumer claims under the Florida Security of Communications Act (FSCA), the California Invasion of Privacy Act (CIPA), the Electronic Communications Privacy Act (ECPA), the Telephone Consumer Protection Act (TCPA), and website accessibility (ADA) claims

Labor & Employment

• Assist clients in tailoring their employment practices and policies to protect their intellectual property, trade secrets and other confidential information, and to establish policies governing the use of information technology and the internet

Privacy & Data Breach

• Develop and implement website Privacy Policies, Terms and Conditions, and terms of use, along with social media, electronic communications, confidentiality, and data-protection policies tailored to the organization
• Advise on multi-jurisdiction privacy compliance, including U.S. state privacy laws, the CCPA, HIPAA, VPPA disclosures, biometric consent requirements, the GDPR, and Canadian PIPEDA
• Draft data privacy addendums (for technology providers and their customers), terms and conditions, and business associate agreements
• Defend data privacy litigation, including Meta Pixel and Google Analytics tracking claims and claims under the Florida Security of Communications Act (FSCA), the California Invasion of Privacy Act (CIPA), the Electronic Communications Privacy Act (ECPA), and the Telephone Consumer Protection Act (TCPA)—including website, cookie, and tracking-technology claims in health-related and other regulated industries
• Respond to data breaches end to end: assessing the exposure of personal information, meeting obligations under state and federal breach statutes, evaluating cyber-insurance coverage, and handling email spoofing, spear-phishing, and business email compromise
• Represent clients in government investigations and audits, and prepare related regulatory filings

Website & Online Presence Management

• Advise clients with respect to their development and operation of websites, including domain name acquisitions and transfers, hosting agreements, data and content licenses, and hyperlinking and affiliates agreements
• Draft terms and conditions of use, browse-wrap and click-wrap agreements, privacy policies, and security policies