As online systems and computer software continue to develop at an extraordinary pace, the technology, software and telecommunications industries have undergone dramatic change. The industry standards and regulations governing these fields have serious implications for businesses of all types. Now more than ever before, companies need to protect their innovations, leverage the value of their intellectual property (IP) development efforts, preserve privacy and secure their market position.
Holland & Knight’s Technology Team is skilled at addressing the unique challenges that arise in an electronic environment. We provide all levels of regulatory and general representation to meet our clients’ needs. Comprised of forward-thinking strategists, skilled negotiators and experienced litigators who readily grasp complex technological innovations and the applicable technology laws, our team works closely with clients to understand their business and their goals in order to help them develop effective ways to compete in the marketplace.
Protecting Our Clients' Innovations and Interests
Our Technology Team is proficient at protecting and optimizing the value of our clients’ innovations and business interests. We regularly prepare, review and negotiate contracts and agreements in the following areas:
- Internet performance
- online operations
- Web development, hosting and content
- software licensing
- software development
- software and hardware maintenance
- source code escrow
- equipment leasing
- hardware purchase and turnkey arrangements
- computer service
- nondisclosure, privacy and trade secrets
In-Depth Technological and Legal Experience
Many of our attorneys have advanced technical degrees and industry experience. Our team includes former engineers, management consultants and a former general counsel to a leading communications company.
Working in collaboration with attorneys throughout the firm, we provide clients with coordinated representation in all areas of law that are relevant to their operations, including contracts, corporate, tax, antitrust, government contracting, and international and cross-border transactions, to ensure that all aspects of our clients’ businesses are protected. We regularly assist clients with the following matters:
- purchase and sale of computer businesses (including related tax matters)
- ownership rights
- breach of warranty and contract
- reverse engineering
- copyright, trademark and patent infringement
- trade secret violations
As recognized leaders in the area of technology law, our Technology Team represents buyers and vendors in virtually every type of transaction, including:
- acquisition and licensing of technology and intellectual property
- IT and business process outsourcing
- e-commerce transactions, including website development and hosting
- cloud computing
- Internet-related transactions
- data storage
- agreements for development projects
- application services provider and software-as-a-service agreements
We are skilled in all forms of electronic commerce, software licensing, trade secret protection activities, commercialization of technology, mergers and acquisitions of software companies, sales and acquisition of individual programs, software financing, negotiation of outsourcing agreements, negotiation of software restructuring agreements, and the sale of software development and software consulting companies.
In addition to assisting clients by drafting and negotiating agreements, we provide counsel in many transactions from their inception by working with the client to develop requests for proposals (RFPs) and technical documents. We also have drafted and negotiated term sheets and regularly assist clients with contract administration, development of contract administration tools and contract relationship reviews.
Our attorneys apply appropriate and sophisticated strategies to resolve clients’ computer-related business disputes, including negotiation, licensing arrangements, settlement, alternative dispute resolution and, when in the clients’ best interest, litigation.
Intellectual Property Coverage
Our Technology Team uses a collaborative approach when handling IP matters and works closely with the firm's outsourcing and e-commerce teams as well as intellectual property practitioners to ensure that all aspects of our clients’ businesses are protected.
Our lawyers regularly register and enforce copyrights, patents and trademarks to protect ownership rights in computer software, hardware and computer technology. We also advise on protecting domain names, maintaining privacy and preserving trade secrets protection, enforcing data security, addressing antitrust concerns and litigating cases involving computer crime law violations.
Asset Protection Savvy
Our team represents some of the world’s largest software publishers and scores of other leading companies in piracy and counterfeiting matters, including Web security issues such as hacking, “port scanning” and “springboard” liability. We also advise on criminal sanctions for hackers’ conduct and “due diligence” regarding technical solutions, including firewalls and file encryption.
Data Privacy and Security
Data privacy and security protection impacts nearly every type of enterprise and requires strategic and proactive risk management to meet the challenges and opportunities presented by today’s global information economy and privacy regulations. Our firm regularly provides a full range of data privacy and security services to a wide variety of industry sectors, including information technology, healthcare, insurance, e-commerce, communications and content providers. We understand the federal and state regulatory frameworks and regularly assist clients in achieving with compliance.
Multinational and e-commerce companies must be especially vigorous regarding international data compliance because their data flows across the borders of many countries. Our international offices feature multilingual attorneys and a global network of local counsel who assist in regulatory compliance matters. The firm's attorneys have drafted privacy policies and retention policies, advised on corporate compliance programs, performed internal investigations and defended class action lawsuits.