In addition to our services involving information privacy and cybersecurity, we also provide advice and dispute resolution assistance in connection with other matters involving computer hardware, computer software, cloud services, trade secrets, trademarks, copyrights, and new technologies like drones and connected devices on the Internet of Things.
Counseling
We can help with the drafting of website terms and conditions of use or service or with the negotiation of ISP service agreements, agreements to provide software or hardware as a service, licenses for online use of existing media, contracts for the development of software and hardware, and other contracts and policies relating to the use of hardware technologies, software, and related services.
Our advice in this area extends to electronic contracting (econtracting) issues like choice of law, the validity of clickwrap and agreements based on assent by usage, and the requirements the Uniform Electronic Transactions Act imposes on electronic records, signatures, and transactions.
We also understand the law regulating drones and can advise you on their lawful use in both commercial and noncommercial settings.
Litigation
For many years, we have represented hardware manufacturers and software developers in litigation over hardware and software performance. On occasion, we also represent disappointed purchasers of hardware and software systems. Our past cases have involved, among other things, point-of-sale systems, medical testing systems, software that integrates data for local governments, and a remote metering system.
We have also represented technology companies and tech sector executives in negotiations and disputes involving executive or employee departures. These cases typically involve covenants against competition, confidentiality disputes, employee raiding issues, and the potential for appropriation of customers or theft of trade secrets.
We also represent clients in intellectual property disputes. These cases involve the ownership, licensing, and infringement of patents, trade secrets, trademarks, and copyrights. In patent infringement matters, we typically affiliate a patent counselor or litigator with specialized knowledge of the technology in question.
Our past experience includes patent litigation over computer software and advanced electronics, copyright disputes, trademark litigation where we have obtained preliminary injunctive relief against the anticipated or actual infringement of the marks by purveyors of “knock offs,” and patent licensing disputes over medical devices and a technology that is pervasive in modern retail stores.
We can also help you with specialized trademark and copyright matters like takedown requests arising under the Digital Millennium Copyright Act and domain-name trademark issues arising under the Anticybersquatting Consumer Protection Act or the Uniform Domain Name Dispute Resolution Policy.