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| E-Business & Technology
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Technology is a
powerful business tool: however, each advancement brings
new challenges. The firm's E-Business and Information
Technology Group understands these challenges and provides
sensible advice designed for this rapidly evolving technological
and legal landscape. By using an interdisciplinary approach,
our attorneys are able to offer comprehensive solutions
that transform great ideas into protected, productive
assets. Our clients range from small software startups
to large, established companies seeking to develop new
technologies. We understand that each client has unique
needs, and we tailor our services to meet those needs
efficiently.
E-Commerce, Internet Law & Litigation
The law surrounding internet transactions
continues to evolve. The Group continuously monitors
these developments and advises clients regarding
issues, such as electronic contracting, domain name
registration, domain name dispute resolution under
ICANN, digital rights management, computer trespass,
new media, broadband distribution, mobile data,
online payment systems, licensing of website content,
online piracy, open source licensing, security and
encryption, publisher liability for defamation,
and compliance with laws, including the CAN-SPAM
Act, the Digital Millennium Copyright Act, and the
Children's Internet Protection Act. We have also
litigated disputes involving hardware and software,
as well as software compatibility with major corporate
systems.
Corporate & Transactional
Our corporate and transactional
attorneys counsel clients in the adoption of new
technologies, distribution methods, and business
structures. We provide advice in the implementation
of online contracts, including terms of service,
privacy policies, and end user license agreements.
We also negotiate and draft commercial contracts
vital to technology companies, including manufacturing
and distribution agreements, supplier agreements,
joint development agreements, advertising agreements,
strategic alliances, contracts for professional
services, research agreements, data hosting agreements,
and take into account a variety of intellectual
property concerns in contracts.
Intellectual Property
We assist with the acquisition of
trade and service marks, copyrights, patents, and
trade secrets. We also aid in the protection of
these assets through nondisclosure agreements and
litigation. Our attorneys also negotiate and prepare
licenses to and from third parties to help our clients
unlock the full value of these assets.
Employment
Software companies, internet service
providers, and other technology companies must pay
special attention to their employment policies to
protect their competitive advantage. Our attorneys
recently drafted a forward-looking employment handbook
tailored to fit the needs of a large, privately
held software company. In addition, we regularly
draft non-competition, confidentiality, and other
such agreements to protect our clients' business
even when key employees depart.
Data Security & Privacy
Group attorneys advise clients regarding
sensitive data security, data privacy, and breach
recovery issues. Our attorneys are experienced in
drafting and negotiating commercial agreements regarding
access, use, and protection of sensitive material.
We draft and review privacy policies, address security
risks, and ensure compliance with applicable privacy
laws and regulations. When breaches do occur, we
assist with recovery and implement solutions that
restore client and consumer confidence.
Emerging Businesses
Our firm understands the numerous
legal and business hurdles faced by entrepreneurs.
The E-Business and Information Technology Group
provides a comprehensive set of services that focus
on the unique needs of technology startups. Whether
it is selecting the right legal entity, tailoring
key agreements, or protecting your ideas, we take
pride in helping entrepreneurs place their new ventures
in a position to succeed.
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Listing of department
attorneys
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Representative Experience
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- Provided on-site contract negotiation, drafting
and reviewing at major Milwaukee Corporation regarding
service agreements, trademark license agreements,
consulting agreements, and dealer contracts.
- Worked with Fortune 20 Corporation to move numerous
vendor contracts on-line in an effort to make process
more manageable and to green contract process.
- Provide advice to Fortune 20 regarding on-line contract
formation, including offer, acceptance, contract formation,
and consideration related issues.
- Represent Fortune 250 with defense against software
and hardware vendor providing holistic computer services.
- Negotiated, drafted, and review of multi-million
dollar marketing, licensing, and advertising contracts/agreements
for a major company.
- Provided advice and counsel regarding multi-million
dollar software and technology licensing agreements,
as well as consulting agreements, in connection with
an asset acquisition for a global management consulting
and technology services organization.
- Litigated distributor agreements in bankruptcy litigation
involving a multi-million dollar resolution in Delaware.
A merger resulted in a dual network that required
litigation to determine exclusivity.
- Advised corporations with respect to industry-specific
dealership type issues that create views, contracts
and distribution scenarios.
- Reviewed, negotiated, and drafted statements of
work, letter agreements, and all amendments issued
pursuant to one billion dollar Amended and Restated
Information Technology Services Agreement with 11
Amendments and additional schedules.
- Provided advice and counsel regarding multi-million
dollar Software and Technology Licensing Agreements
for Asset Acquisition, including advice regarding
risks and obligations related to ownership, indemnification,
assignment, change of control, IP infringement, warranty,
and limitation of liability provisions.
- Review and draft trademark license agreements for
a Fortune 500 vehicle manufacturer, both on and off-site.
- Represented consulting company in the preparation
of joint venture agreements, licensing agreements,
and independent contractor agreements.
- Reviewed and negotiated Master Services Agreement
for national telecommunications company.
- Drafted Memorandum of Understanding memorializing
the terms of a joint venture between three Fortune
100 companies for the creation of a task force to
assist small technology businesses.
- As designated outside attorneys for major corporations,
our attorneys draft and negotiate a variety of types
of procurement agreements with vendors. This experience
includes acquisitions, which may necessitate the negotiation
of various IT terms and conditions.
- Review and revise Standard Purchase Order Terms
and conditions to specifically improve the client's
protections and indemnifications regarding intellectual
property.
- Patent preparation work for two of the world's leading
consumer electronic makers.
- Experience handling patent preparation, patent
counseling preparation, and prosecution for a Fortune
100 data communications provider.
- Patent work for a major electronic computer manufacturer.
- Extensive patent and trademark litigation throughout
the United States, including but not limited to Wisconsin,
Illinois, Utah, California, and Delaware.
- Representation of a cruise line against a vehicle
manufacturer in a trademark dispute relating to the
likelihood of confusion and unfair competition.
- Currently representing a manufacturer of a brick-paving
product in a trademark dispute.
- Currently representing an Australian based video
company in a software and hardware patent dispute
- Represented a Fortune 25 company in a patent case
relative to electrical steam turbines.
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