Technology Practice Group

At Brown Moskowitz & Kallen, our legal acumen in technology matters is based on real-world experience. Our practitioners have served as in-house counsel and as outside advisors to companies, allowing us to provide practical, business-centric advice. We combine depth, breadth and hands-on experience in counselling and supporting start-up, evolving and well-established businesses. Whether negotiating contracts for technology providers or the companies that do business with them, litigating technology and intellectual property-related disputes or helping startups or existing companies get to the next level, we understand your company’s needs.

Capabilities

We assist companies with a full range of technology-related matters, including:

• Preparing and negotiating technology contracts, including licensing, Cloud Computing & SaaS, software development, consulting services, outsourcing, hardware acquisition, alliances and teaming agreements, confidentiality and intellectual property arrangements
• Counselling new or existing businesses in angel and venture capital debt and equity financing
• Advising on legal rights and obligations related to cybersecurity, data breach and privacy law
• Developing online terms of use and website privacy policies
• Clearing business and domain names for use and seeking registration to protect them
• Helping companies protect valuable trademarks, copyrighted material, trade secrets and confidential business information
• Zealously advocating for business clients in technology and intellectual property-related disputes or litigation
  

Track Record of Success in Technology Transactions and Litigation

The practitioners in our Technology Practice Group have obtained excellent results in a wide range of representations, including:

• Negotiated and drafted complex subscription agreements for cloud computing services with various large corporations, including large U.S-based telecommunications providers, a Fortune 10 corporation with multiple business segments, and European-based diversified technology provider.
• Represented a software development company in connection with its acquisition of assets of an outsourcing software development business based in India.
• Negotiated and drafted a data center management and operations outsourcing agreement with national telecommunications provider.
• Represented a technology company in connection with four VC financing rounds with an aggregate investment exceeding $70 million.
• Negotiated and drafted intellectual property rights transfer from a software developer to a telephone operating company.
• Represented a software company in connection with a $6 million bridge loan facility from various current investors.
• Negotiated and drafted various professional services agreements and statements of work for technology consulting and programming services procured by enterprise organizations.
• Represented an IT services company in the sale of its assets in the US, the UK and the Middle East to a global provider of technology solutions.
• Recovered the rights to a website domain name for a quasi-governmental agency in federal court lawsuit claiming cybersquatting, trademark and copyright infringement.
• Counseled an IT services company in the establishment of subsidiaries and branch offices throughout EMEA, and worked with local counsel to localize employment policies/agreements and professional services agreements.
• Represented a leading wireless telecommunications enterprise in lawsuit asserting theft of trade secret by former employee with highly confidential business development information hired by direct competitor.
• Created policies, procedures and agreements for a channel partner program of a software development company.
• Represented a major telecommunication research and development company in theft of trade secret action, alleging theft of confidential and proprietary technology, obtaining temporary restraints and negotiating resolution with former developer employee and subsequent employer.
• Defended software developer and consulting company in federal court against publishing company customer’s allegations that delays in implementation of customizable application software system constituted a breach of provider’s contractual obligations.
• Represented retailer in lawsuit against provider of enterprise-wide inventory control and management software for breach of contract in failed implementation and integration project.
• Negotiated complex master software license and maintenance services agreements and related statements of work with various global financial services institutions.
• Negotiated and drafted a multinational software OEM agreement and professional services agreement with international manufacturer of Internet Protocol-based networking products and related services.
• Negotiated the acquisition of IT professional services company with operations in the US and the UK.
• Negotiated the acquisition of rights to SIP-based software application products of a division of a multinational provider of business communications solutions.
• Represented individual investors in connection with multi-million dollar bridge loans to nationwide online lender and factor.
• Obtained registration of various clients’ trademarks and service marks on the Principal Register of the U.S. Patent & Trademark Office.