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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Experience
Our Team
Media
Events
Upcoming Events
Past Events
- November 29, 2023
Insights
Insights
- BlogsAs the Window for Comments Closes on ONC/ASTP’s HTI-2 Proposed Rule: What’s in HTI-2 and What Does It Mean for You ...12 minute read
- PublicationsThe Challenge of AI Governance: The Blessing and the Curse of Safeguarding Personal Data2 minute read
- BlogsVideo: New DOL Guidance - ERISA Plan Cybersecurity Update - Employment Law This Week3 minute read
- Media Coverage
Bradley Merrill Thompson Featured in AHLA’s Speaking of Health Law Podcast, “AI in Health Care: Managing Algorithmic ...
2 minute read - Media CoverageMarylana Saadeh Helou Quoted in “FDA Offers Road Map for Remote Trials, but Questions Linger”2 minute read
- Firm Announcements
Four Epstein Becker Green Attorneys Named to the 2024 Massachusetts Super Lawyers and Rising Stars Lists
8 minute read - BlogsMichigan Supreme Court Clarifies Minimum Wage Law Decision5 minute read
- BlogsVideo: DOL Authority Challenged - Key Rulings on Overtime and Tip Credit - Employment Law This Week3 minute read
- Firm AnnouncementsLawdragon Again Names Adam S. Forman as a “Leading Corporate Employment Lawyer”2 minute read
- BlogsSpilling Secrets Podcast: After the Block - What’s Next for Employers and Non-Competes?2 minute read
- Media CoverageBradley Merrill Thompson Quoted in “Convergence: Experts Offer Advice on Leveraging AI in Regulatory”3 minute read
- BlogsVideo: Staples Sued Over MA’s Lie Detector Notice, NJ’s Gender-Neutral Dress Code, 2024 Voting Leave Policies ...4 minute read
- Media CoverageBBA Spotlight Series: Get to Know Emerging Leaders in Boston Law–Marylana Saadeh Helou8 minute read
- PublicationsOn Trend: New Pay Equity Laws Coming to Massachusetts, Minnesota, and Vermont in 202513 minute read
- Blogs
What the FTC Non-Compete Ban Block Means for Employers - Employment Law This Week Video
2 minute read - Firm Announcements
Epstein Becker Green Earns Finalist Spots in New Jersey Law Journal's 2024 Legal Awards: Celebrating Excellence in ...
4 minute read - Blogs“Fair Chance” Updates: Los Angeles County Ordinance Takes Effect; New York City Proposes Amendments to Existing Law ...8 minute read
- Publications#WorkforceWednesday: Courts Side with Employers – Tip Credit Rule and Non-Compete Ban Struck Down Nationwide3 minute read
- Media CoveragePaul DeCamp Featured in “Former DOL W&H Head Talks Shop on Agency Rulemaking”11 minute read
- BlogsMI Agencies Request Clarity on New Minimum Wage & Tip Credit Requirements3 minute read
- BlogsMental Health Parity Rules Incoming: What Employers Need to Know7 minute read
- Media CoverageChristine Worthen Featured in “Beltway Moves”1 minute read
- Media CoverageEpstein Becker Green Adds Healthcare Attorney Christine Burke Worthen in Washington, DC2 minute read
- Firm AnnouncementsEpstein Becker Green Adds Health Care Regulatory Firepower with Attorney Christine Burke Worthen in Washington, DC ...2 minute read
- Media CoverageDavid Shillcutt Quoted in “Proposed Digital Therapy Codes Good Idea with Barriers: Experts”2 minute read
- Media CoverageBrian Cesaratto Quoted in “New Jersey Legislation to Watch: A Midyear Report”3 minute read
- Firm Announcements
Epstein Becker Green Attorneys Honored for Excellence in the Legal Profession by Best Lawyers 2025
14 minute read - BlogsVideo: State Legal Trends - Crucial Changes for Employers - Employment Law This Week4 minute read
- PublicationsInsurers in the Crosshairs Over AI1 minute read
- BlogsSpilling Secrets Podcast: What Is the Future of Non-Compete Agreements for Employers?2 minute read
- Media CoveragePaul DeCamp Quoted in “Wage and Hour Issues to Watch the Rest of 2024”4 minute read
- Media CoverageShawndra Jones Quoted in “How Associates Can Navigate Risks of Social Media”3 minute read
- BlogsVideo: SpaceX Victory - Court Questions NLRB's Constitutional Authority - Employment Law This Week4 minute read
- Firm Announcements
Two Epstein Becker Green Attorneys Named to the 2024 Oregon Super Lawyers and Rising Stars Lists
8 minute read - BlogsSpilling Secrets Podcast: Can FTC’s Non-Compete Ban Survive Without Chevron Deference?2 minute read
- Media Coverage
Paul DeCamp Quoted in “What Employers Can Expect Following the End of Chevron Deference”
3 minute read - BlogsVideo: Chevron Deference Overturned - Employment Law This Week4 minute read
- Media CoverageAdam S. Forman Quoted in “Employers Find Openings to Share AI Bias Liability with Vendors”2 minute read
- PublicationsNew Wine into Old Wineskins: Artificial Intelligence Fraud and Abuse Enforcement3 minute read
- Media Coverage
Stuart Gerson Quoted in “FDA’s Lab Developed Test Rule Could Be First Check on Agency’s Power Post-Chevron” ...
3 minute read - PublicationsFederal Court Grants Temporary Stay of FTC Noncompete Rule but Limits Scope (for Now) to Named Parties12 minute read
- Media CoverageAdam S. Forman Quoted in “4 State AI Bills to Watch in 2nd Half of 2024”2 minute read
- PublicationsSocial Media and the Law (2024 Edition)2 minute read
- Media CoverageErik Weibust Quoted in “Court Blocks Effective Date of FTC’s Noncompete Rule for Plaintiffs Only”4 minute read
- Blogs
California Governor’s PAGA Deal: What Employers Need to Know - Employment Law This Week
2 minute read - Media Coverage
Stuart Gerson Discusses the Supreme Court’s Decision to Overturn Chevron and Agency Authority
2 minute read - PublicationsNoncompetes Under Fire, the Benefits of Forfeiture-for-Competition Clauses Getting a Fresh Look3 minute read
- BlogsFifth Circuit Narrows Application of the Crime-Fraud Exception to the Attorney-Client Privilege in Investigations ...3 minute read
- Media CoverageFrank Morris Quoted in “New D.C. Pay Transparency Law Could Apply to Virginia, Maryland Employers”2 minute read
- PublicationsTechnology as a Tool to Address the Youth Mental Health Crisis2 minute read
Focus Areas
Services
- ADA and Public Accommodations
- Affirmative Action/OFCCP Compliance
- Appellate
- Business Torts, Competition & Trade Secrets
- Class Actions
- Commercial and Contract Litigation
- Corporate & Transactional
- Corporate Financing
- Corporate Governance
- Corporate Reorganization
- Cross-Border Data Transfers
- Cross-Border Transactions
- Cybersecurity Risk Assessment
- Data Asset Management
- Data Breach and Incident Response
- Data Breach/Cybersecurity Investigations & Litigation
- Data Protection
- Diversity, Equity & Inclusion Counseling
- Employee Benefits and ERISA
- Employment Compliance Counseling
- Employment Litigation
- Employment Training
- Employment, Labor & Workforce Management
- ERISA – Retirement and Benefit Plan Litigation
- Executive Compensation
- Financial Restructuring and Bankruptcy
- Foreign Multinational Counseling and Litigation
- General Counsel Services
- Immigration
- Insider Threats
- Intellectual Property
- Intellectual Property Litigation
- Labor and Employment Due Diligence
- Labor Management Relations
- Life Sciences
- Litigation & Business Disputes
- Mergers, Acquisitions & Divestitures
- Occupational Safety and Health (OSHA)
- Pandemic Workforce Issues
- Pay Equity
- Privacy Compliance Strategies
- Privacy, Cybersecurity & Data Asset Management
- Ransomware
- Real Estate
- Remote and Hybrid Work
- Social Media and the Workplace
- State Privacy Law Compliance
- Tax and Tax-Exempt Counseling
- Trade Secrets & Employee Mobility
- Wage and Hour
- Whistleblowing and Compliance
- White Collar Defense and Internal Investigations
- Workforce Government Relations
- Workforce Restructuring and Other Cost-Saving Mechanisms
- Workplace Investigations