Computer Software & Hardware

We represent domestic and multinational clients involved in the development, manufacture and distribution of software, hardware, microchips and many leading-edge technologies such as facial recognition software, and knowledge and learning technologies. Some recent engagements include:

• Serving as general counsel to a venture-backed micropayment technology company, and advising on corporate structure, licensing and financing matters
• Counseling a developer of e-learning software platform in licensing of its software to multiple publishers
• Acting as general counsel to a developer of assistive technology for the blind and reading-disabled, from its spinout from a bankrupt speech recognition company until its sale to an educational software publisher
• Representing a multi-billion dollar foreign pension investment fund in contracting for storage and emergency back-up services and licenses for various software applications.

Legal Services for Hardware & Software Companies

We negotiate and draft all types of agreements commonly used in the computer industry, including:

• Software development and license agreements
• Database publisher and subscriber arrangements
• ASP, e-commerce and on-line license and affiliation agreements
• Distribution, OEM, VAR, sales agency, and joint venture agreements
• System acquisition and integration contracts
• Outsourcing and service bureau agreements
• Hardware purchase agreements and equipment leases
• Employee confidentiality, invention and non-competition agreements.

Building upon our years of experience representing software vendors, we offer special expertise in developing for software clients integrated contract forms that serve as a business tool rather than an obstacle to closing sales. We also counsel clients concerning copyrights, trademarks and trade secrets in connection with intellectual property, and involve patent counsel when appropriate. (See Technology & IP.)

We represent U.S. software companies in international relationships and transactions in many countries, including:

• joint ventures, teaming arrangements, offshore licensing
• manufacturing, procurement, and research and development operations
• establishment of subsidiaries, overseas investments and repatriation of profits
• distributorship termination disputes
• advice on international intellectual property protection.

To discuss your company's specific legal needs, and how our experienced attorneys might meet them more efficiently and responsively, please contact Peter Barnes-Brown or Howard Zaharoff.