We draft and negotiate information technology agreements. These include software licenses, SaaS and cloud computing agreements, domestic and foreign outsourcing contracts, IT distribution agreements (VAR, OEM), joint development agreements, data “licenses,” and IT professional services contracts, as well as sales of hardware, semiconductors, and semiconductor IP cores.
We also advise clients on the issues created by open source software licenses, particularly copyleft licenses. We have particular expertise crafting programs to determine appropriate use of copyleft software, avoid inappropriate use, and segregate viral-licensed software from other applications.
Internet & E-Commerce
We handle legal issues specific to e-commerce and the business of the Internet. These include data security, online trademark and copyright issues (fair use, etc.), and spam law. We negotiate and draft e-commerce contracts, including Internet collocation and hosting agreements, ISP terms of service, online service level agreements (SLA’s), acceptable use policies (AUP’s), and link-exchange agreements.
Trade Secrets & Other IP Advice
We advise clients on a wide variety of intellectual property issues. We have particular experience in setting up trade secrets programs – ensuring protection of secret sauces, R&D, business plans, and other sensitive information. We also help protect and maintain portfolios of other IP assets, including brands, designs, and new technologies.
We advise on compliance with privacy laws and regulations, including the California Consumer Privacy Act (CCPA). Our work includes helping companies outside of Europe comply with the European Union’s General Data Protection Regulation (GDPR). We also provide HIPAA advice and business associate agreements (BAAs) and GLBA advice for financial institutions and their vendors. And we craft employee-facing and customer-facing privacy policies and advise on the other privacy issues that arise in commercial contracts. Our clients include cloud computing companies hosting third party data from around the world.
We draft and negotiate licenses and other contracts related to big data. And we advise on rights and responsibilities related to data analytics and data “ownership,” including privacy, data security, copyrights, trade secrets, and anonymization.
We help social media vendors create contracts and policies for management of their customers and users. And we help customers understand social media rules and laws and make effective use of them for advertising and promotions.
In addition, we draft and negotiate marketing agreements and professional services contracts related to online marketing and exploitation of social media.
Our founder, David Tollen, provides training on drafting and negotiating technology contracts. His programs are for contract managers, procurement officers, and other businesspeople, as well as for lawyers — for CLE credit.
Our founder, David Tollen, serves as an expert witness and consultant in litigation related to software licenses and other information technology contracts. He addresses industry custom and practice surrounding software-as-a-service (SaaS) and other cloud computing agreements, e-commerce, data licensing, and data privacy.
Mr. Tollen offers credibility as a trainer of attorneys and businesspeople on IT contracting issues, as a Silicon Valley veteran, and as the author of the American Bar Association’s bestseller, The Tech Contracts Handbook, Cloud Computing Agreements, Software Licenses, and other IT Contracts, for Lawyers and Businesspeople (ABA Publishing 2015). He also writes and speaks frequently on IT and IP law. (Please click here for a list of articles and speeches, as well as for further biographical information.) Finally, Mr. Tollen began his career litigating technology and intellectual property cases, so he has an unusual understanding of the process.