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

The Terms of Use or Terms and Conditions that we draft help businesses minimize their exposure to adverse events with website users. We work with clients to understand their business in order to ensure their terms and conditions address permitted uses on the site, user conduct, limitation of liability, representations and warrants, indemnification, privacy, the Digital Millennium Copyright Act, intellectual property and downloading of content, among other issues.

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).

Our Data Privacy Law attorneys advise clients on a broad range of Internet privacy matters, including the proper usage and storage of individuals’ private financial, medical, and personal information. We work with clients to craft campaigns, terms of use and conditions and privacy policy statements that help address compliance now, and with an eye towards the future. We also help clients in securing the use of celebrities and other individuals in advertising and marketing campaigns, including the right to use an individual’s image or likeness.

Data Retention

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.