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Technology Industry

The technology industry drives the modern economy, and it is imperative clients have a law firm that fully understands the industry as well as the law. White and Williams’ lawyers devote substantial time and resources to understanding industry developments and trends that affect fundamental aspects of our clients’ businesses and apply that knowledge to devise legal strategies to further their business goals. Whether protecting IP portfolios and other assets, managing talent, obtaining financing, exploring new partnerships, or resolving complex commercial disputes, our industry experience and foresight remains steadfast in a rapidly evolving market.

By collaborating across multiple practice areas, our team looks at all aspects of the business and legal issues that affect our clients. We are experienced counseling clients in the gaming and entertainment, robotics, healthtech, fintech, insurtech, software and manufacturing spaces, among others. Our lawyers provide transactional support, litigation representation and counsel on a range of business and legal issues, including intellectual property, licensing, mergers and acquisitions, finance and investment, complex business disputes, cybersecurity, privacy, product liability, labor and employment, and executive compensation.

Areas of Focus

Intellectual Property

Intellectual property is central to technology development. Every day, we answer the question “how can we protect what our clients create?” We help technology companies patent inventions and designs, clear and register trademarks, and negotiate technology licenses and development agreements. When matters become litigious, our team of experienced IP litigators handle disputes efficiently and effectively as they have done for hundreds of clients in the past.

Cybersecurity and Data Protection 

We provide a range of pre- and post-breach services as and conduct due diligence for technology companies entering into business agreements. We are well-versed in the data security and privacy regulatory landscape and counsel companies on maintaining compliance with GDPR, CCPA and more. We draft policies and procedures, including incident response plans, respond to requests for certification of compliance from regulators and business partners, conduct training and establish third-party vendor management programs. We apply the same knowledge to ensure clients inheriting new technology programs through a merger or acquisition maintain compliance and the highest security standards. In the event of a data breach, our incident response team takes immediate action to assist companies in the appropriate investigation and notification procedures, including coordinated public relations efforts.

Corporate, Finance and Business Transactions

We advise technology companies in entity formation, structuring and governance, and guide them through early, growth and mezzanine stage capital raising, including equity, debt, and SAFE financings, as well as capital markets financing via IPOs and SPAC-based listings. When companies pursue mergers, acquisitions, sales, divestitures, joint ventures and other strategic alliances, we handle all aspects of the transaction, including conducting due diligence reviews of technology portfolios and crafting license agreements to protect our client’s IP ownership and interests. We also conduct due diligence on third-party vendors and draft and negotiate commercial agreements. We have extensive experience advancing tech companies’ interests in bankruptcy and workout matters, including assumption and assignment disputes involving license agreements and other contracts, acquisition of IP and other distressed assets, and strategies to maximize recoveries in customers’ bankruptcy cases.

Complex Commercial Litigation and Dispute Resolution

Disputes arising in the technology world require a team of lawyers capable of understanding complicated facts underlying parties’ claims and defenses and who have a deep knowledge of statutory, contractual, and common law rights and obligations. We provide a multifaceted team of lawyers who learn the facts and know the law, but who also have decades of high stakes trial experience. Because business disputes often demand a business resolution, we also offer our experience negotiating and settling such cases. Our lawyers have a track record of success navigating emerging issues in IP and data protection, defending clients’ cutting-edge technologies, enforcing and defending contracts, prosecuting and defending trade secret claims, prosecuting and defending Lanham Act and common law unfair competition claims, resolving a broad range of business disputes, and defending third-party liability claims and product recalls. No matter the issue, we maintain sensitivity to disclosure of proprietary information and compliance with the rules of discovery.

Employment and Business Insurance

Our lawyers provide advice and representation on a variety of employment and insurance matters affecting how technology companies do business. We counsel and defend technology companies with respect to matters that involve wage and hour compliance (including classification audits regarding independent contractors and overtime wages), discrimination, retaliation, harassment, protection of trade secrets and confidential business information, and leaves of absence and return to work issues. We assist with the development and implementation of employment agreements (including provisions that address IP ownership and assignment issues), handbooks and policies, drug testing and employee training, including anti-sexual harassment training. We help companies minimize risk associated with employee discipline and terminations and actively negotiate severance packages and general releases to resolve employment disputes. Our lawyers also assist technology companies by assessing risks, including those arising from various contractual relationships with vendors, clients, and other third-parties, to determine appropriate insurance coverage. We also have extensive experience navigating the complex regulatory insurance landscape applicable to insurtech startups and technology companies in general.     

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