Technology

Overview

In the rapidly evolving landscape of the technology industry, companies are continually navigating a complex web of legal and regulatory challenges.

From securing sensitive data and protecting their intellectual property (IP) to managing their workforces and pushing their products into new markets, the stakes for tech companies are high. The pace of innovation and the global nature of digital businesses add layers of complexity to these issues.

As the laws governing tech companies evolve rapidly, our tech industry lawyers are committed to understanding each client's vision and furthering innovation with compliant approaches. Whether you are a startup aiming to disrupt the market with a novel technology or a Fortune 100 company looking to protect and expand your IP portfolio, our seasoned attorneys will enable you to focus on innovation and growth while helping you safeguard your interests, ensure compliance, and mitigate risk.

A Multidisciplinary Team

Epstein Becker Green’s Technology team comprises lawyers across the firm’s practice areas, including IP, corporate, privacy and cybersecurity, antitrust, and litigation, among others, who have successfully advised clients on a wide array of technology transactions, cases, and issues. Among our team are lawyers who are "deep into the code"—with degrees or professional backgrounds in technical areas and experience not only in the law but also in building software and systems architecture.

A Diverse Roster of Technology Clients

Our tech clients are pushing boundaries with new products and services that are changing software, technology, and health care delivery. These clients include startups, established companies, and domestic and multinational enterprises that come from many technology sectors, including artificial intelligence, biopharmaceuticals, biotechnology, consumer products, data science, e-commerce, financial services, health care technology, industrial components, the Internet of Things, manufacturing, medical devices, pharmaceuticals, retail, and software. We also advise technology service providers, universities and research institutions, private equity sponsors, venture capital funds, and other businesses that use technology.

A Full Suite of Services

We offer clients a complete range of services that protect, manage, and leverage their technology and IP assets to their fullest potential while keeping clients in compliance with relevant international, federal, and state legal and regulatory frameworks. Below is a sampling of the areas on which we focus our services:

IP Protection

As technology continues to advance, the boundaries of IP law are constantly being tested, making it harder for companies to protect their innovations. We provide comprehensive legal support to secure and enforce clients’ patents, trademarks, copyrights, and trade secrets. From navigating the complexities of IP filings and managing IP portfolios to handling litigation against infringement, we make sure that your creative and technological assets remain exclusively yours.

E-Commerce

The Internet and e-commerce offer vast business opportunities but raise significant legal risks. We offer guidance tailored to the unique challenges of online business models, covering legal and regulatory issues related to e-commerce, digital marketing, and online transactions. We also advise on contracts involving e-commerce, website development, content licenses, and hosting and platforms; consumer protection laws; and digital marketing practices, helping to ensure that our clients’ online operations are secure, compliant, and optimized for growth.

Blockchain and Cryptocurrency

Blockchain technology, Web3, and cryptocurrency are transforming the business ecosystem and creating new issues for brand owners, innovators, and established companies. Our team offers advice on the legal aspects of blockchain technology and cryptocurrency relating to inventions, copyrights, trademarks, trade secrets, commercialization, mining, energy procurement, and licensing. We also assist companies in (i) creating and using smart contracts that are supported by blockchain technology, (ii) monitoring, and (iii) developing proactive measures against infringers in the metaverse.

Software and App Development

Software and app developers look to us to help them protect their technological and IP assets in a rapidly evolving digital landscape. We cover all the bases, from negotiating and drafting complex software agreements (such as licensing, development, hosting, and other marketing and services agreements) that protect developers' interests, to making sure that rights and licenses can be properly assigned, to advising on the legal implications of using third-party application programming interfaces (APIs) to ensure compliance with data protection laws. Furthermore, we offer advice on structuring software escrow agreements to keep developers’ code secure, crafting enterprise agreements that meet the needs of large-scale deployments, and navigating the evolving landscape of the "Everything as a Service" (XaaS) model to capitalize on cloud computing's benefits.

Technology Transactions

Technology transactions—both commercial and corporate—have become increasingly complex. With our industry savviness, deal-making experience, and nuanced understanding of the data privacy and IP issues that arise in various commercial contexts, we help clients complete their technology transactions successfully. We are adept at structuring, drafting, negotiating, and providing counsel on a wide array of commercial transactions and contracts, including co-development, outsourcing, manufacturing, and supply agreements.

Additionally, for clients engaging in mergers, acquisitions, investments, restructurings, consolidations, joint ventures, or divestitures, we assist at all stages of the deal. We begin by structuring the deal to align with a client's business objectives and growth strategies. We also identify and assess the value of the client’s IP and technological assets; draft, review, and negotiate transaction documents; review representations and warranties related to IT policies and procedures; conduct due diligence; draft and negotiate shared services and transition services agreements to facilitate the smooth transfer of IP and technology assets; and advise on post-closing integration.

Technology Outsourcing

Information technology (IT)-related outsourcing transactions require balancing cost-efficiency and operational effectiveness with legal and regulatory compliance. Our team collaborates closely with clients to develop and execute effective IT-related outsourcing strategies that align with business and cost goals and address continuity and compliance. We navigate the complexities of IT-related outsourcing transactions and provide support throughout them, from preparing the initial request for proposal and selecting appropriate vendors to structuring and negotiating outsourcing agreements to managing and terminating outsourcing relationships.

Cybersecurity and Data Privacy

In an era where cybersecurity threats loom large, we advise on best practices to safeguard technology and IP assets. Tech companies count on our team, which includes industry-recognized privacy and security professionals, to develop and maintain effective information security and data privacy programs. In addition, we counsel tech companies on complying with all relevant security and data privacy laws, regulations, and requirements, as well as preparing a business continuity plan to ensure that their operations are resilient against cyberattacks. And to prevent legal disputes related to electronic communications and telemarketing, we provide strategic advice on advertising practices and help businesses adhere to the CAN-SPAM Act and the Telephone Consumer Protection Act, among other laws.

Employment, Labor, and Workforce Management

Tech companies employ ambitious workforces, creating distinctive challenges and requiring legal counsel who knows the industry’s unique labor and employment issues. We advise and represent tech companies on matters involving all aspects of labor and employment law, employee benefits and executive compensation, immigration, litigation, and overall workplace management issues. We also provide guidance on using artificial intelligence in the workplace and at every stage of the employment process and on preventing the potential misappropriation of IP and trade secrets when an employee leaves or joins an employer.

Litigation and Business Disputes

When commercial litigation or business disputes arise, tech companies rely on our team of highly skilled litigators to advocate their interests effectively. We offer a wide range of dispute avoidance and litigation services to help tech companies meet the challenges of compliance and litigation in both civil and criminal cases, whether in federal and state trial and appellate courts or through arbitration or mediation.

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