Technology & Internet Law
You want your business to stay ahead in the digital economy, and we have the legal talent in the technology space to help you make the difference.
Gouchev Law is a highly-regarded Technology Law Firm. We embrace innovation in your business and drive new value for your organization.
Master Service Agreements for Software Developers and Statement of works, Vendor Agreements and SaaS Contracts.
We represent clients in all technology related contracts and transactions. We are well-versed the in intellectual property components of these deals. Our clients range from fast-growing, funded start-ups to Fortune 100 companies in a wide range of industries, including consulting, SaaS, and online platforms, social media and apps.
When it come to understanding technology law, few attorneys have a particular focus in this field. Gouchev Law structures and fiercely negotiates technology deals every day.
TERMS OF SERVICE (TOS) AND PRIVACY POLICIES
Mobile apps and other software require the platforms and app providers to display Terms of Service (ToS) and Privacy Policies (PP). For apps, online platforms, and software companies, Gouchev Law can provide quick turnarounds and high-touch service.
- Privacy Policies
A Social Networking Company has a different model from a SaaS company or an ecommerce platform. Each of these models needs terms of service and privacy policies that reflect their specific products and services.
Terms of Service and Privacy Policies drafted without specific customization leave you open to liabilities. Mitigate your exposure to risk by hiring competent legal counsel.
SOFTWARE DEVELOPER | SOFTWARE DEVELOPMENT AGREEMENTS
You know you need a detailed legal analysis software development agreements, especially those software agreements with large companies or international developers. Software developer agreements need to have
- representations and warranties
- ownership of the intellection property
- acceptance of each development phase
- remedies for delivering non-conforming work product
- detailed Statements of Work (SOW) accompanying master service agreements
How we helped Clint
“Gouchev Law has helped me tremendously with my startup by providing legal guidance and advising on how to protect my IP. As a new business there are so many things to worry about, and having someone you can trust with legal counsel is a big relief. Jana has helped many companies and I wouldn’t hesitate to recommend her.”
Clint Chang, Team Member, FanCamp Inc.
Software as a Service (SaaS)
Our clients count on us to draft and advise on agreements related to the development, sourcing, licensing, and distribution of software, data and other intellectual property assets. We provide implementing software and Software as a Service (SaaS) agreements, cloud computing, hosting, integration, support and maintenance, procurement, outsourcing, proof of concept, development, co-development and a wide range of distribution models including OEM, reseller, co-sellers, affiliate, referral programs and strategic alliances.
Technology Content Monetization and Licensing
Clients who are purchasing or licensing technology, data or other IP benefit from our understanding of both the client’s and service provider’s businesses. We draft and negotiate deals that meet clients’ objectives and appropriately mitigate their risks. We negotiate robust and practical commercial contracts that lay the foundation for a successful outcome.
We leverage our client’s intellectual property and advise on licensing models and agreements for data, information and content including data sourcing, contribution, subscriptions, distribution programs, affiliate and referral arrangements, strategic alliances, data and content development.
Terms and Conditions and Privacy Policies: The Nitty Gritty
It is critically important that the terms and conditions be clear and enforceable for both your company and affiliates. Our technology law and business lawyers can conduct a legal analysis of your online activities including web agreements, consent language, data collection practices, and data pass-through to third-party billing for e-commerce activities, as well as meet important regulations, such as:
- Computer Fraud and Abuse Act
- Children’s Online Privacy Protection Act (COPPA)
- CAN-SPAM Act
- Digital Millennium Copyright Act
- Define rights and ownership, particularly with respect to user-generated content (UGC)
- Restore Online Shopper’s Confidence Act
Preventing Problems Before They Arise
Our technology and internet lawyers help you protect your business from regulatory investigations, legal challenges and advertising litigation. We can:
- Limit the liability of the website for damages or losses incurred by the company or by the customer, website user, or participant.
- Set expectations through a disclaimer of warranties.
- Provide for enforcement strategies should a customer or website user violate the terms and conditions. This can include defining what and how legal action may be pursued–in what state and in what form.
Data Retention & Cyber Security
We counsel clients regarding developments in cybersecurity and privacy laws, both domestically and abroad. Our experience includes advising clients on the collection and handling of personal information, including under Europe’s General Data Protection Regulation (GDPR) and the California Consumer Privacy Act (CCPA).
These days, companies need document retention policies that make sure employees not only retain all company emails, texts, communications in various apps and voice messages, but also have a plan for getting rid of all that same information in a timely manner. Companies have to establish both a retention and secure disposal schedule for each communication channel and make sure these disposals comply with applicable statutory or regulatory requirements. Balancing data minimization with requirements to preserve legally significant information is key.
Biometric Privacy Protections Laws
Biometric data is increasingly used for authentication purposes, and the number of biometric privacy class actions continues to skyrocket. To minimize their risk, businesses must be vigilantly aware of the current and soon-to-come laws and technical requirements, be very strict with compliance, and aggressive in defending against litigation. Stronger biometric privacy protection laws are being implemented across the country. This is where technology lawyers will help balance biometric law compliance, while helping to not interfere with the business’s innovation.
The Illinois Biometric Information Privacy Act (BIPA) is the oldest biometric regulation in the United States. It regulates the collection and storage of biometric information, including retina scans, iris scans, fingerprints, palm prints, voice recognition, facial recognition, DNA recognition, and even scent recognition. Under BIPA, private entities that utilize biometric information must have a written policy, schedule, and guidelines its collection, retention, and destruction. As more and more states pass comprehensive privacy laws, companies that collect and use biometric data need to pay close attention to creating policies and procedures, implementing appropriate security measures, and being aware of the notice and consent requirements various laws impose.
Trusted Counsel At Your Side
As your outside general legal counsel we’ll be right there with you, providing continuing counsel to you and your company as you face new opportunities and challenges. We will help you to create partnerships that maximize your growth while protecting your interests.
A list of agreements we handle:
- Software Licenses
- Software Development Agreements
- SaaS/Cloud Agreements
- Direct Customer Agreements
- Vendor Agreements
- Reseller Agreements and Distribution Agreements
- Partner Agreements
- Support and Maintenance Agreements, with Service Level Agreements and Escalation Procedures
- End User License Agreements (EULA)
- Click Wrap ad Shrink Wrap Agreements
- Terms of Service
- Professional Services Agreements and Consulting Agreements
- E-Commerce Agreements
- Marketing Agreements
- Web Hosting Agreements
- Acceptable Use and Privacy Policies
- Open Source Licenses
- Software as a Service (SaaS) Agreements
- Intellectual Property Licensing
- Patents, Trademarks and Copyrights
- Intellectual Property Protection & IP Disputes
- Software Development and Licensing Agreements
- Privacy Law & Cyber Security
- Technology Agreements
- Purchase, sale or license of proprietary technology.
- Communications Decency Act and the Digital Millennium Copyright Act
- Website Legal Disclaimers
- Strategic Sourcing Agreements
- Client Service Agreements
- Confidentiality Agreements
- Joint Venture Agreements
- Online marketing and advertising law
- Intellectual property filings to protect software, including the underlying source code