From the invention of the abacus to the development of cloud computing and in-memory databases, technological innovation has always driven commerce and trade. Our global economic marketplace now depends entirely on the existence and proper use of digital technology. As much as technology creates opportunity and fosters communication, it also introduces exposure to new liabilities. Companies that design technology, as well as those that rely on it for their day-to-day operation, must guard against infringement, misuse, infiltration, and loss. Every business—from biotech firms to bakeries—must have counsel who understand the constantly evolving technologies and how technology laws and regulations impact client business.
The cyber and technology industry team at Cozen O’Connor was launched by attorneys with experience in a wide range of practices such as risk management, intellectual property, venture capital, commercial litigation, and insurance. Many of these lawyers have been working with technology makers, underwriters, and consumers for decades. They understand the opportunities and risks that technology can pose, and they know how to maximize technology’s potential returns while protecting corporations and individuals from unnecessary risk and exposure.
On the development side, our clients include high-tech businesses, software and website developers, computer and system maintenance companies, network security companies, application service providers, cloud providers, Internet service providers, IT consultants, e-retailers, and emerging Internet startups. On the commercial-use side, we serve multinational corporations in all industries, retailers, hospitals and health care providers, vendors, insurers, and corporate executives, officers and directors.
Seasoned attorneys in this industry team assist clients with every phase of the technology life cycle—research and design, development, selection, adoption, utilization, maintenance, data protection, exposure mitigation, and insurance. Since the technologies themselves are the subject of constant and radical change, it is critical for clients to have consistent risk management and technology counsel who have a deep understanding of each client’s specific business model and long-term goals.
SERVICE AREAS
Litigation
-
Litigate claims involving privacy, defamation, security, data theft, unfair competition, antitrust, advertising, denial of service, content liability, breach of confidence, virus transmission, service disputes, privacy disputes, and intellectual property
-
Counsel clients on intangible property damage losses resulting from viruses, worms, denial of service, power interruptions, and other events affecting hardware and software
-
Investigate computer crime and fidelity losses
-
Represent clients in alternative dispute resolution proceedings
-
Secure subpoenas, preservation orders, restraining orders, and injunctions
-
Provide crisis management to address unauthorized intrusions into clients’ computer systems
Transactions and Risk Management
-
Advise clients on coverage under all first-party and third-party lines of insurance, negotiate insurance policy terms and protections, and draft indemnity agreements
-
Develop errors and omission insurance contracts for technology designers and producers
-
Draft first- and third-party privacy policies and endorsements
-
Negotiate commercial software and end-user licensing and anti-sourcing agreements, and arrange technology transfer, joint development, and collaboration agreements
-
Represent clients in intellectual property registration, protection, and prosecution
-
Advise clients on the technological aspects of outsourcing
Corporate and Regulatory
-
Monitor changes in government policy and advocate before Congress and federal agencies
-
Advise on e-discovery issues, including document retention and management
-
Evaluate and assist in the design of breach prevention systems and protocols, and provide crisis management in the event of unauthorized intrusions into clients’ computer systems
-
Counsel clients regarding technology as a strategic asset
-
Advise companies on international jurisdiction and conflicts of law issues
-
Develop personnel, privacy, and data use policies to protect employer intellectual property and prevent the misappropriation of trade secrets and other confidential information
-
Counsel health care and related organizations on HIPAA privacy and security issues
RELATED PRACTICES
-
Intellectual Property
-
Emerging Businesses and Venture Capital
-
Corporate Law
-
Tax
-
Real Estate
-
Insurance Coverage and Claims Litigation