Technology, media, and telecommunications (TMT) employers face unique challenges when hiring and retaining talent, securing sensitive data, protecting their intellectual property, and managing remote workforces. Our clients are pushing boundaries with new products and services that are changing the delivery of health care, media, software, and telecommunication. As the laws governing TMT companies evolve rapidly, Epstein Becker Green is a legal partner committed to understanding each client’s vision and furthering innovation with compliant approaches.
Artificial intelligence (AI) is changing the way we work. As AI creates efficiencies across the workplace, many employers are benefitting from a streamlined recruiting and hiring process. We’re helping employers ensure their AI-assisted screening practices don’t have unintended discriminatory consequences or run afoul of new biometric information privacy laws. We also regularly counsel AI companies on spotting issues and reviewing their operating frameworks to avoid missteps or inadvertent misuse of their technologies.
Cybersecurity and Data Privacy
Big data analytics are driving our economy while data privacy and security threats abound. Our team, which includes a Certified Information Systems Security Professional (CISSP) and Certified Ethical Hacker (CEH), trains TMT employers to develop and maintain effective information security and data privacy programs. We guide a wide range of clients, including health care, technology, financial services and software companies in complying with the security and data privacy laws, regulations, and standards of the GDPR, HITECH, HIPAA, and NIST, as well as various other federal and state requirements.
Employment, Labor, and Workforce Management
TMT companies employ ambitious workforces creating special challenges and requiring legal counsel who know the industry's unique labor and employment issues. We advise and represent TMT companies on matters involving all aspects of labor and employment law, employee benefits and executive compensation, immigration, litigation, and overall workplace management issues.
Trade Secrets & Employee Mobility
In today’s fast-paced and competitive economy, employees change jobs frequently. We draw on our experience helping employers—whether they’re losing an employee to a competitor or hiring one away—to protect valuable customer relationships and prevent intellectual property and trade secrets from getting into the wrong hands. Our clients also trust our advice in updating their hiring policies, enhancing restrictive covenants, and scrutinizing their IT protocols to minimize future exposure in the event of a key departure.
Litigation and Business Disputes
When commercial litigation or business disputes arise, TMT companies rely on our team of highly skilled litigators to effectively advocate their interests. We offer a wide range of dispute avoidance and litigation services to help TMT 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.
Among the types of TMT clients that our team serves are the following:
Health Care Technology Companies
Telehealth and mobile health have transformed the health care industry. As our health care technology clients break new barriers, they require regulatory, compliance, and risk management advice to guide the launch and operation of their products and services. We counsel these clients on FDA regulatory compliance throughout a product’s life cycle—from development to post-market compliance. We also conduct health care regulatory due diligence for transactions involving health care technology companies, counsel companies involved in all aspects of telehealth and mobile health, and provide advice on medical liability risk management. In addition, the firm’s Telemental Health Laws app provides a comprehensive survey of state telehealth laws, regulations, and policies for mental and behavioral health practitioners and stakeholders across all 50 states, the District of Columbia, and Puerto Rico.
Publishing & Digital Media Companies
As companies increasingly embrace digital media to interact with their customers, they assume the responsibilities and risks of publishing their content. In response to the COVID-19 pandemic, our team is advising publishers, media outlets, performing arts companies, and museums in ensuring they have the policies in place to compliantly engage audiences when publishing content through digital and social media platforms. Our traditional labor team has worked closely with our publishing clients as newsrooms have been increasingly pushing towards unionization.
From start-ups to established companies, our team represents software employers with a wide range of legal issues that arise during the employment life cycle. We also help them attract and retain highly skilled workforces by implementing competitive health and wellness benefits, compensation packages, and full-service immigration solutions.
The sports industry is under constant public scrutiny. Our team regularly represents high-profile clients responding to allegations of discrimination and sexual harassment. We act quickly to provide thorough internal investigations while seeking resolutions that avoid significant economic and public relations fallout. Many of our sports clients have relied on our Halting Harassment program to train their large workforces.
Technology Service Providers
Technology service providers rely on our attorneys to represent them in a broad range of commercial transactions, including software and content licensing, cloud-based technology services, technology transfer, strategic alliances, distribution, supply, joint development, consulting, confidentiality, subcontracting, and intellectual property and technology assignments. We also advise these providers on entity formation, acquisitions and divestitures, and securities matters, and negotiate contracts and provide compliance counseling.
Demand for network capacity and connectivity within the telecommunications industry has never been greater. With increased demand comes heightened susceptibility to data threats. We counsel telecommunications companies on understanding and adhering to the regulatory frameworks guiding the safe protection of data.
Television and Production Companies
Television and production companies value our in-depth industry knowledge. Our team understands their unique and specific logistical challenges when developing safe and compliant practices for in-person filming and performances.