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E-Business & Technology Department
 
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.

   
Listing of department attorneys

Gerardo H. Gonzalez
Neifor A. Acosta
Philip C. Berg
Angela K. Dorn
Mark H. Hellman

Jennifer Pflug Murphy
Dawn N. Phillips
Richard H. Porter
Josh F. Stubbins
Vincent Vigil
Dennis Núñez

 
 

Representative Experience

 
 
  • 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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