With the increasing usage of technical developments and innovations, technology and data are assets that necessitate improved security safeguards and proactive attention to the rapidly changing legal landscape. Our attorneys help clients with technology and data law challenges.
TECHNOLOGY LAW SERVICE AND SOLUTIONS
Our technology law team offers technology and data counseling services on a variety of challenges, including:
- Cyber Security
- Data Breach and Hacking
- Data Compliance
- Data Privacy
- Technology Outsourcing
- Cloud Computing Technology
- Customer and Reseller Agreements
- Nondisclosure Agreements
- Trade Secret Protection.
- Technology Transactions
- Intellectual Property Audits and Due Diligence
- Domain Name Indemnification and Indemnity Agreements
- Intellectual Property Indemnification and Indemnity Agreements
- Trade Secret Indemnification and Indemnity Agreements
As part of our Technology and Data practice, we offer cybersecurity services.
What is cybersecurity?
Cybersecurity is sometimes referred to as IT security or computer security. It refers to the security measures implemented for computers, networks, technical infrastructures, and electronic data in general. Internet security is the methods, procedures, and systems that safeguard digital services, equipment, information, and data against unwanted access.
Online Security Threats
Cyber threats are increasingly dominating news. As the Internet of Things (IoT) and smart devices become more prevalent daily, so are cybersecurity dangers. Internet security threats have increased in number and sophistication. As a result, Internet security has become a top priority in practically any industry that uses computers.
Common internet security concerns include basic system vulnerabilities and exploits, such as:
- Denial-of-service attacks.
- Direct-access attacks.
- spoofing
- doxing
- tampering
- repudiation
- Information Disclosures
- Computer viruses
Any of these cybersecurity concerns can incur considerable expenditures for a business or individual.
Network Security Attacks and Online Network Security.
There are several methods for increasing protection against internet security threats. As a result, we recommend taking a variety of proactive measures. This involves using antivirus software, firewalls, intrusion detection systems (“IDS”), and communication encryption to avoid potential security threats.
Proactive Measures Against Cybersecurity Attacks
Businesses should seek legal guidance to design agreements that restrict potential legal liability and enable legal redress in the event of a cybersecurity attack. Jurisdictions vary in terms of legal regulations. As a result, we remain up to date on legislative developments. We also recommend best practices and proactive methods to prevent online security threats. In addition, we advise what should be done to reduce the legal repercussions of an online security assault.
Cybersecurity Litigation
Our Internet and intellectual property attorneys handle lawsuits involving Internet security breaches. Learn more about our litigation services on our intellectual property litigation overview and business litigation overview pages.
Our Technology and Data practice includes data compliance services.
What is Data Compliance?
In data storage terminology, data compliance refers to the practice of ensuring that data is maintained and arranged in accordance with industry-wide regulations and rules imposed by relevant countries or governments.
While the definition appears simple, actual compliance might be tough. A great deal of disinformation and a shortage of legal advice is available. As a result, organizations may fail to fully comply with data requirements owing to a lack of awareness.
Data Compliance Laws
Compliance has become a top priority for corporations, website operators, and organizations. In the United States, records management is governed by over 8,500 state and federal regulations. As a result, businesses have a tough time determining what standards and compliance are required when selling goods or services online. Furthermore, data compliance standards vary across countries and authorities. It might be difficult for Internet firms and website operators to understand which criteria they must satisfy.
Implementing Procedures for Data Compliance
Companies gain from audits of their business procedures, intellectual property (IP) assets, security measures, and data system processes. We create procedures to address data compliance obligations based on our knowledge of intellectual property laws and compliance. We also write legal agreements to help disseminate or gather personally identifiable information (PII).
Methods for Limiting Liability
As cloud services have risen in popularity, legal compliance with security and privacy protection is becoming increasingly important. The proliferation of smart gadgets and the expanding Internet of Things (IoT) have rendered corporate databases more vulnerable than ever. As a result, we assist businesses in developing best practices for data compliance to limit responsibility in the event of a breach.
Some techniques of legal compliance and liability limitation include, for example:
- Privacy Policies
- Terms of Use
- Indemnification Agreements and Indemnity Clause
- Website Agreements tailored to your online company activity.
- Nondisclosure Agreements with Third Parties
- Customer and/or reseller agreements
Although firms can have data compliance in place, difficulties can still surface, resulting in litigation. Having procedures in place and steps to limit liability will help resolve conflicts and make litigation more successful and efficient.
Data Compliance Litigation
Learn more about our litigation services on our intellectual property litigation overview and business litigation overview pages.
Our technological and Data practice includes technological transaction services.
What Are Technological Transactions?
“Technology transactions” refers to various transactions under intellectual property (IP) law. The phrase is frequently used in connection with intellectual property registrations and technology-related contracts and agreements. Transactions also include technology license agreements, technology outsourcing, and other related tech contracts and agreements.
Companies using intellectual property assets should be mindful that more complex legal difficulties may arise when technology assets are involved.
Technology Agreements
For technology companies, we offer effective negotiating, new solutions, and industry expertise. As a technology law practice, our lawyers help form agreements and advise on technology transactions.
We can help with the following, for example:
- Technology license agreements
- Sales and distribution agreements
- Technology Risk Assessments
- Agreements control the sale or purchase of technology.
- Development or co-development agreements.
- Complex software agreements.
- Acquisition of information technology systems.
- Outsourcing Agreements
- Company Formation Agreements
- Mergers and Acquisitions
- Data Security Interests
- Contracts involving joint ventures and partnerships
- Distribution Arrangements
Technology Risk Assessment
Businesses gain greatly from identifying vulnerabilities in technology systems for improvement and legal compliance. As a result, we advise on strategic technology risk assessment and help build successful business and licensing models for protecting technology assets. Risk assessments, protocols, and well-drafted contracts best safeguard technology transactions.
Technology Risk Management
Risk assessment is just the start for enterprises. Once vulnerabilities have been discovered and methods, processes, and agreements have been implemented to protect technological assets appropriately, management is required. The process should be ongoing, with periodic risk assessments as technology and the law improve.
International Technology Agreements
Read our International Business Overview page to learn about International Licensing, International Technology Transactions, Global E-Commerce, and other international business services.
As part of our Technology and Data practice, we offer non-disclosure agreements.
Non-disclosure agreements (NDAs) are legally binding contracts safeguarding proprietary material, knowledge, or information exchanged between parties. NDAs can be quite useful in protecting commercial or intellectual property assets. They specify the legal penalties for a party’s breach of confidentiality.
When to Use Non-Disclosure Agreements?
NDAs should be used from the beginning of a business engagement. Confidentiality agreements protect sensitive corporate information such as client lists, intellectual procedures, and pending patents.
Non-disclosure agreements are required in a variety of situations, such as:
- Business merger or acquisition discussions
- Product development and manufacturing talks
- Presentation of New Business Ideas
- Business sales negotiations
- Investor and funding-seeking activities require confidential corporate disclosure.
- Disclosure of patent or trade secrets
- Employee Onboarding and Intake
- Use of contractors or freelancers.
- Technology development and outsourcing
- Licensing agreements require the revelation of secret corporate information
- Third-party service agreements involving access to sensitive consumer data.
Basic terms in an NDA.
Non-disclosure agreements can be unilateral, bilateral, or multilateral, with three or more disclosing parties engaged. They might be basic as long as they include essential features for enforcement. The main information that a confidentiality agreement should cover is: - The scope of confidentiality includes non-use provisions.
- Legal names and accurate identification of all parties involved.
- Term of secrecy requirement
- “Confidential Information” is defined in depth.
- Exclusions
- Breach conditions, including remedies.
Well-drafted confidentiality agreements should provide legal protection to all parties involved. Additionally, the agreement should specify what should happen in specific instances. For example, suppose one of the parties merges, declares bankruptcy, or becomes a subsidiary of a competitor.
Non-Disclosure Concerns Regarding Technology and Data
The technology area is always expanding. Technology creators should make efforts to protect their innovations. However, secret disclosures are unavoidable in the technology industry as developers expand and license products and services. As a result, developers must sign non-disclosure agreements (NDAs). Furthermore, data and the technology used to secure it in Cloud storage (for example) frequently require several hands. Data is transmitted, backed up, and/or stored across multiple platforms and service providers. As a result, particular data security requirements should be incorporated in vendor contracts that mandate attempts to avoid leaking critical third-party information.
We examine, negotiate, and create non-disclosure agreements and contracts to ensure comprehensive legal protection and liability limits in technology and data transactions.
Non-disclosure Agreement Disputes and Litigation
Learn more about our litigation services by visiting our intellectual property litigation overview page and our business litigation overview page, which includes non-compete litigation and unfair competition action.
Internet and eCommerce companies must comply with many privacy, security, and copyright rules.
We provide complete legal services, including advising on best practices and examining and writing agreements for compliance.
Internet Law Services and E-Commerce Solutions
Our team of lawyers and other professionals assist customers with Internet law and eCommerce legal challenges on a wide range of topics, including:
- Internet Business & E-Commerce
- Domain Name Acquisition
- DMCA Compliance
- Online Privacy
- Social Media Law
- Privacy Policies
- Terms of Use Agreements
- E-Commerce Agreements
- Online Sweepstakes & Games
- Domain Theft
- Website Agreements
- Impersonation & Username Squatting
Internet Business & E-Commerce
As part of our Internet Law & e-commerce expertise, we offer Internet business and e-commerce solutions. Many business owners are unaware that providing goods or services online can classify them as an Internet business. This differs from simply maintaining a web presence. As a result, many internet business owners are unaware that their operations may be subject to federal law. Online enterprises are subject to advertising and intellectual property regulations. Furthermore, online usage of third-party trademarks or customer testimonials on their website may result in legal ramifications. Because different jurisdictions have distinct norms and regulations, online firms neglect the legal implications of running an Internet store. Furthermore, linking to third-party websites can exacerbate legal difficulties concerning business practices or terms of service policies.
eCommerce Compliance
Conducting a website audit is one of the first steps in ensuring compliance. We help you analyze your present web presence and practices to guarantee that your e-commerce business is in compliance with existing rules and regulations. We advise Internet business owners on cost-effective solutions to preserve their brands while expanding their online presence.
Businesses should consider basic trademark, patent, and website protection. We generally advise customers on which intellectual property (IP) protection is appropriate to pursue. We also provide guidance on regulatory compliance challenges specific to the type of online business and e-commerce activity. Our attorneys stay current on the ever-changing Internet rules and regulations that affect e-commerce enterprises. Furthermore, we assist in ensuring that modifications in website agreements are updated as needed to maintain compliance with your Internet business and e-commerce activities.
Internet Business Law
The majority of firms have an online presence. We collaborate with clients to create customized website procedures, regulations, and best practices for online presence. Online firms face a slew of legal difficulties while conducting e-commerce transactions. We create website agreements to facilitate commercial transactions, payment/delivery terms, and warranties. We also provide a variety of internet business and e-commerce services, such as:
Privacy Policies
Terms of Use
Legal Disclaimers.
DMCA Agent Registration and Safe Harbor Guidelines
Copyright Compliance Processes
Review and draft Internet agreements.
eCommerce Disputes and Litigation
Learn more about our litigation services on our intellectual property litigation overview website and our business litigation overview page, which includes Breach of Contract, UDRP Domain Name Proceedings, and Fraud Litigation.
Global Commerce and International Business
Read our International Business Overview page to learn about International Licensing, International Technology Transactions, Global e-commerce, and other international business services.
We offer online privacy services as part of our Internet Law & e-commerce practice.
Online Privacy
Online privacy has become a growing worry among Internet users. Internet users must frequently provide personal information to secure Internet services or items. Even casual Internet users are concerned about their online privacy. “Online privacy” can relate to a broad legal concept and a patchwork of present Internet norms and regulations.
Implementing Online Privacy Policies
Customers’ online privacy requires a combination of technological mechanisms and legislative laws. The first step in providing online privacy is conducting a thorough audit of the company’s policies and practices. We aid in determining whether a company’s Internet actions comply with current legal norms and regulations.
Next, we urge that all websites have an up-to-date privacy policy. Privacy policies are essentially website agreements that tell consumers about the expectations for collecting and using personal information. Privacy policies offer legal notification in some cases. These rules frequently restrict a corporation’s liability for using personal information as long as the company is open about its use. We develop privacy policies for website owners, including elements particular to Internet and e-commerce firms.
In addition, we recommend investing in basic website security features like secure sockets layer (“SSL”) and encryption. When website owners are unsure whether to apply these measures, we can assess their website and provide advice. Website owners should know that their online presence may expose them to many rules and regulations.
Internet Privacy Laws
We create appropriate website privacy policies and offer guidance on necessary security measures. Whether a website owner collects simple server metrics or highly tailored information from website visitors, privacy policies can assist in reducing legal responsibility.
We offer social media law as part of our Internet Law & e-commerce practice.
Social media law is a relatively new area of intellectual property law. Companies are frequently expected to maintain some form of online presence. However, corporations must know the legal implications of using social media accounts for business purposes. Companies are frequently uninformed of the legal hazards and risks they may face and the potential ramifications of their Internet activities. We offer social media consultancy to assist you in limiting liability and avoiding accusations of infringement, brand confusion, or disparagement.
Social Media Law Compliance
Under some conditions, tweets or updates to social media feeds may result in legal action. Freedom of speech only goes so far in protecting businesses from accusations of brand disparagement. Similarly, resharing other users’ content might be considered infringement or plagiarism. Simple branding and social media standards help businesses avoid legal complications related to social media. We assist businesses in training employees and marketers about fair and forbidden uses of intellectual property assets. We also provide guidance on best practices for complying with social media law.
Online Trademark Management
We advise businesses on correctly managing their online reputations through social media and whether to seek legal action. The entire legal strategy of a company may determine whether it should pursue a lawsuit or issue a cease-and-desist letter. We work with clients to police their brands while promoting public discourse on their social media feeds. To comply with social media regulations, businesses must frequently balance free speech and strategic branding objectives. As a result, we can help strike the appropriate balance between social media governance and free speech.
Online Reputation Management
Today, third parties frequently use brand names and imagery. We assist in identifying cost-effective ways to reduce illegal third-party use. We help you streamline and safeguard your online messaging while adhering to social media’s existing norms and regulations.
Social Media Disputes and Litigation
Learn more about our litigation services on our intellectual property litigation overview website and our business litigation overview page, which include impersonation and username squatting, trademark litigation, copyright litigation, and unfair competition litigation.
We offer website agreement services as part of our Internet Law & e-commerce expertise.
Types of Website Agreements
The term website agreements refers to a broad range of contracts and agreements. Online commercial agreements may involve, for example:
Privacy Policies
Terms of use or service agreements
Web Development Agreements
End-User License Agreement (EULA)
Website Maintenance Agreements
We examine Internet enterprises, analyzing their commercial requirements and legal compliance challenges. We design various website agreements and advise online enterprises on best practices.
Legal Compliance: Not all businesses require the same website agreements.
Intrastate sales and maintaining a web presence are two examples of website activities subject to various federal rules and regulations. To comply with these restrictions and hazards, keeping a web presence may necessitate the implementation of particular online business agreements. For example, most Internet firms require privacy policies and terms of service agreements. However, for eCommerce sites, these agreements are required for legal compliance. Furthermore, internet service providers (ISPs) will face stricter and more stringent legal compliance standards, necessitating more sophisticated website agreements.
Website Development and Hosting Agreements
A company should invest in online business agreements if it sells its products or services. We advise clients on how to comply with federal and state regulations based on our experience in Internet law. We also design critical legal agreements, such as online privacy policies and terms of service agreements, which businesses frequently ignore. These website agreements can assist in safeguarding website owners and operators by notifying users of permissible and prohibited uses and disclaiming certain legal liabilities.
Website Contracts
We customize online contracts to match the specific requirements of a business or brand owner. We examine websites and audit intellectual property (IP) portfolios to create legal agreements that meet our client’s needs.
Website Agreement Disputes and Litigation
Learn more about our litigation services on our intellectual property and business litigation overview pages, including breach of contract litigation, domain name litigation, UDRP domain name proceedings, and fraud litigation.
Global Commerce and International Business
Read our International Business Overview page to learn about International Licensing, International Technology Transactions, Global E-Commerce, and other international business services.