Emerging Technologies

Representative Experience

We serve clients from a wide range of industries that depend on technology for their business success. Our clients include internet software developers, integrated manufacturers, national management consulting firms, major internet providers, telecommunications providers, financial institutions, insurance companies and electronic bill presentment and payment companies. Our Emerging Technologies lawyers collaborate with lawyers from our other practice groups to leverage their knowledge and experience and to bring the most appropriate legal team to address our clients’ specific legal needs. Representative matters we’ve handled for these clients include the following:

Antitrust

• Handle antitrust and distribution law issues arising between manufacturers and distributors acting on the internet.

eGovernment

• Work with government entities and associations to facilitate their transformation to electronic government.

Emerging Technology

• Counsel technology vendors in developing and deploying technology opportunities.
• Advise developing company in obtaining U.S. and international patent protection in an emerging technology area and assist the company in its technology development efforts through evaluation of its competitors’ patented technologies.
• Performed licensing and development agreements for leading edge Genomic Knowledge
• Platform technology.

Financial Services

• Negotiated exclusive multiyear marketing partnership agreements between banks and internet portals and online services.
• Represent major financial institutions in internet branding strategies and strategic alliances as well as in implementation of the e-Sign Act and Uniform Electronic Transactions Act.
• Negotiated multimillion dollar enterprise license for financial institution for its online banking software.
• Provide online agreements and privacy policies for financial institution’s online payments service.
• Represented financial institution before Federal Trade Commission with respect to Federal e-Sign Act.

Financing

• Represent seller of a major internet search site to a dot-com company.
• Represent investors in technology ventures.
• Solved capital formation issues for a company establishing multiple industry-wide portals.
• Represented a transaction-enabling application service provider in obtaining financing.
• Represent an industry-leading middleware developer in financing matters.
• Represent incubator/accelerator ventures in initial financing stages.
• Represented B2B internet company in connection with the issuance of senior, participating preferred stock to a venture capital fund.

General Corporate

• Represent internet-based provider of electronic bill presentment and payment, lockbox and archiving services to financial services providers, government and other organizations.
• Represent major internet software development companies in general corporate matters.
• Provide corporate structure counseling for companies establishing multiple industry-wide portals.
• Represent start-up venture for cross-market, high-level computer hardware.
• Represent incubator/accelerator ventures in start-up and initial financing stages.

General eBusiness

• Represent nationally recognized, NYSE-listed companies in their electronic commerce activities.
• Represent a health care company and software developer in converting their entire health care business to an internet-based operation.
• Negotiate and draft software licensing program for leading pharmaceutical company.
• Developed comprehensive e-mail marketing compliance strategy.
• Represent numerous publicly and privately held businesses in software acquisition and licensing.
• Represent B2B and B2C dot-com start-ups in fabricated metal products, food, media, print, construction, application services provider, knowledge management, motion picture distribution, computer hardware and other markets.
• Counsel Fortune 200, middle-market and start-up companies on web site design and e-commerce implementation strategies.
• Represent not-for-profit science museum in internet and distance learning undertakings.
• Represent publicly held industrial distributor in supply chain integration strategies.
• Negotiated marketing agreement for Application Service Provider-based online moving and relocation services.
• Negotiated strategic partnership/software license to provide ASP-based online account aggregation.
• Constructed alliance and licensing agreements for joint venture to provide real estate appraisal service.
• Constructed software development and licensing agreements for CD-ROM products.

Human Resource Issues

• Advise employers on computer, internet and e-mail policies; workplace privacy programs and policies; and stock options and other incentive-based compensation systems.

Intellectual Property

• Protect intellectual property, including patent, trademark, copyright and domain names, of internet-based businesses as well as bricks-and-mortar companies embarking upon eBusiness.
• Represent industry-leading bioinformatics middleware developer in patent and trademark matters.
• Advise developing company in obtaining U.S. and international patent protection in an emerging technology area and assist the company in its technology development efforts through evaluating its competitors’ patented technologies.
• Draft, negotiate and litigate intellectual property and technology licenses, domain name acquisition and protection, trademark, patent and trade secret matters.
• Counsel on the Digital Millennium Copyright Act and domain name issues.
• Develop electronic communications policies.

Litigation

• Handle major Trade Secret and Economic Espionage Act litigation in software, hardware and materials industries.
• Handle computer contract and implementation litigation for national management consulting firms.
• Represent industry-leading middleware developer in its litigation matters.
• Prosecute software and business method patents for leading national financial services holding company.
• Litigate intellectual property and technology licenses, domain name acquisition and protection, trademark, patent and trade secret disputes.

Privacy

• Provide privacy counseling in connection with the European Union Privacy and Personal Data Collection Directive, HIPAA and the Gramm-Leach-Bliley Act.
• Provide privacy counseling on issues regarding data mining and electronic commerce activities.

Tax Issues

• Counseled on tax issues for a company establishing multiple industry-wide portals.
• Review multistate sales and use tax issues related to direct sales function (catalog, web store and telephone) for Fortune 500 companies.

Telecommunications

• Counsel multiple independent telephone companies on technology and regulatory matters.