Every company is now a technology company, with a crucial need to know how best to protect, commercialize and enforce their assets. Our attorneys advise companies of every stripe on how best to use intellectual property and technology law to achieve those ends. Capable of serving either as outside general counsel or as legal advisors, we take on any role required to liaise between our clients’ legal, business and product teams.
Our clients trust us to get involved in every stage of their product life cycle. This includes advising on protection strategies, clearing infringement and validity issues, negotiating commercial agreements and licenses, devising monetization strategies, and translating technology issues for licensees, consumers and investors.
Navigating Technology Protection
In every high-tech sector — software, data analytics, advertising, retail, sports, fintech, health care and medical devices — we advise clients on ways to protect their intellectual property. Our attorneys combine deep capabilities in science and technology with extensive intellectual property knowledge to help clients navigate complicated protection issues.
We are especially knowledgeable in the protection of computer software and hardware. We routinely perform deep dives into our clients’ computer technologies, reviewing source code and evaluating computer infrastructure in order to advise on legal issues. These include assessing the benefits of different types of intellectual property protection, advising on the patentability of software, applying for copyright registration and creating trade secret regimes. We also routinely present on secure coding and the use of open source code as well as help clients create policies to manage software risks.
Managing Patent Issues
We routinely provide patent services, getting involved at the early stage of our clients’ technology creation processes, in order to advise on patent prosecution strategies and management of patent portfolios. We provide opinions on infringement and invalidity and work with investors to showcase patents and their value. Clients routinely rely on us to draft and negotiate complicated patent license agreements and help create innovative compensation and license structures to derive extra value from their core intellectual property.
As clients require increasingly sophisticated technology agreements, they turn to us to negotiate them. In addition to intellectual property agreements, we work on digital media and streaming content deals, programmatic media agreements, data licenses, and e-commerce terms. We also specialize in all manner of software agreements, including SaaS agreements, software licenses, API terms, information technology riders, platform terms and cloud-hosting contracts.
Technology – M&A
We are frequently called to lead technology-based M&A transactions, particularly in the software space. This includes performing business- and engineering-level diligence to evaluate the technology in a transaction. It also includes assessing legal risks, such as software ownership issues, use of open source software, secure coding protocols, IT audit and infringement concerns. Not only do we draft and edit transaction documents, but we also add a 360-degree perspective to the risks and rewards of our clients’ deals.