Support for this digital transformation is the data center. The new age of the Cloud requires specialized legal services that correspond to the needs of this 21st Century trend. Spencer Fane recognized this niche and launched the Data Center and Technology Initiative with three focused practice areas to assist with building, developing, acquiring, operating, and protecting use of the Cloud.
MEDIA, SOFTWARE and TECHNOLOGY
1. Intellectual Property & Technology
Spencer Fane has a diverse intellectual property practice covering a wide range of disciplines: patent, trademark, copyright, unfair competition, non-compete, trade secret, licensing and related litigation. Spencer Fane patent attorneys have a broad range of technical backgrounds including electrical, mechanical, chemical, biological and computer science. The group has a strong emphasis and experience in high technology, biotechnology, and convergence technologies.
2. Software
Spencer Fane works to assist clients in the more common aspects of software and information technology law, as well as on more complex matters, like security breaches, “cyber squatting,” and trademark infringement through the misuse of metatags, deep linking, and framing. We audit web sites and recommend terms and conditions and privacy policies that limit liability and assist with legal compliance. We assist clients with domain disputes including actions under the Uniform Domain Name Dispute Resolution Policy provided by ICANN, and we prepare and respond to take-down notices under the DMCA.
AREAS OF EXPERIENCE INCLUDE:
- Structuring Cloud or SaaS Agreements
- Software and Website Development Agreements
- Software, Content, Data Licensing
- End User License Agreements
- Software Reseller, Distribution and Publishing Agreements
- Website Notices and Disclaimers
- Privacy Policies and Terms of Use
- Employee and Contractor IP and Ownership Agreements
- Consulting Agreements
3. Dispute Resolution
Spencer Fane has significant experience defending clients from claims that arise with use of the internet and e-commerce. The recent explosion of mobile device usage and the resulting increase in e-commerce, has seen these risk factors increase exponentially, whether it be risk associate with data security, privacy, content management, or technology errors and omissions. In all cases, the Spencer Fane attorneys frequently address these issues in Federal and State Courts nationwide.
AREAS OF EXPERIENCE INCLUDE:
- Trademark Infringement
- Copyright Infringement
- Computer Intrusion
- First Party and Third Party Data Security Breaches
- Enforcement of Non-Compete and Non Circumvention Agreements
- Advertising Disputes and Appearances Before the National Advertising Board (NAB)
- Business Defamation
- Lanham Act/Unfair Competition
- Theft of Corporate Data
- Privacy Breach
- Defense of Technology Errors & Omissions
TECHNOLOGY, M&A
Spencer Fane has acted as regulatory and corporate counsel in connection with the purchase, sale and/or exchange of both regulated and unregulated assets and/or companies. Our work includes assisting clients with initial strategic planning, due diligence, the negotiation of letters of intent, drafting deal documentation, obtaining required approvals, closing and post-closing matters. Matters range from the sale of individual assets to complex mergers, recapitalizations involving simultaneous equity/debt financings, and transactions implicating the foreign ownership limitations in the Communications Act, and the Federal Communications Commission’s (FCC’s) designated entity rules. Over the past 2 years alone, our attorneys have handled transactions totaling more than $1 billion dollars.
Areas of Experience include:
- Management and Operational Agreements
- Spectrum Leasing/Management Agreements for Limited Geographic Areas
- Complex Nationwide Affiliate Programs
- Joint Ventures, Strategic Alliances, and Branding Relationships
- Disposition of Troubled Assets
- Debt and Equity Financing Transactions
- Foreign Ownership Transactions
- Government Contracting
- Outsourcing Business Processes
- Contract Compliance