Practice Areas & Industries: Buchanan Ingersoll & Rooney PC

Practice/Industry Group Overview

In recent years, an ever-increasing number of businesses have come to use computer hardware, software, the Internet, the World Wide Web and other related technologies to automate critical business functions. These functions range from accounting and information management to manufacturing processes, inventory control, sales, marketing and advertising. The successful use of this information technology ("IT") can be a key source of competitive advantage for these companies.

Unfortunately, because these products, services and technologies are usually very complex, successful deployment of IT is often fraught with difficulty. The fact that state of the art in IT is constantly changing only compounds this difficulty. In addition, the legal landscape affecting IT is in a state of flux as courts and legislatures struggle to adapt the law to accommodate and regulate new technologies and methods of doing business. Indeed, the prevalence of IT has changed the manner in which litigants conduct pre-trial proceedings and courts adjudicate cases.

Buchanan Ingersoll & Rooney's IT Litigation Practice Group recognizes the challenges this environment poses for both vendors and purchasers of IT products and serv

ices, as well as others affected by the law of cyberspace and the digital economy. Our team of trial attorneys handles a variety of IT-related litigation. We also assist our clients with alternative forms of dispute resolution, including arbitrations and mediations, and provide strategic proactive advice designed to enable our clients to avoid litigation altogether. We have also represented clients in the negotiation of software licensing, IT outsourcing and related agreements.

Services Available

Our clients range from publicly traded companies to small start-ups and individuals. Set forth below is a representative list of the engagements we handle:

• Representation of one of Pennsylvania's largest health care insurance companies in litigation arising from a vendor's failure to complete a multimillion-dollar custom billing and accounts receivable software system
• Defense of a publicly traded software company in litigation arising from allegations that the company's software did not perform adequately for the company's wholesaler client
• Representation of one of Pennsylvania's largest cyber charter schools in multimillion-dollar intellectual property and contract disputes
• Defense of a large, publicly traded software company from fraud and consumer protection claims in a putative nationwide class action arising from alleged defects with the company's cordless mouse
• Representation of a company in trademark litigation over the use of allegedly similar domain names
• Representation of a heating and air conditioning equipment company asserting breach of contract and warranty claims with respect to service management and accounting software
• Defense of one of the world's largest Internet service providers ("ISP") in antitrust litigation arising from the ISP's refusal to allow a company in the business of producing "spam e-mail" access to the ISP's service
• Representation of an on-line educational software vendor in "bet-the-company" litigation including copyright, cyberpiracy and trade secret claims
• Representation of one of the Philadelphia area's larger hospital systems in alternative dispute resolution proceedings arising from multimillion-dollar disputes over the quality of a vendor's network support and other IT services
• Representation of a credit information software company in many litigation matters arising from contracts for the design, installation and maintenance of the company's proprietary credit-information software
• Defense of a publicly traded company in litigation arising from a contract for the provision of emergency data recovery services
• Representation of majority shareholders of a group of radiology businesses in a dispute over domain names
• Representation of many other IT industry participants in disputes over the performance of custom software
• Representation of an on-line educational software company in the negotiation of a multi-year, multimillion-dollar contract to provide a web portal to a K-12 cyber school
• Representation of a web-based software solutions vendor in the negotiation of a significant contract for the design and maintenance of software for use by a national service station inspection firm
• Representation of an insurance company in negotiations related to the divestiture of the company's software subsidiary and subsequent outsourcing of the company's IT functions
• Counseling and representation of IT industry participants with respect to general business matters, including but not limited to asset purchases, software licensing agreements, and prospective contractual relationships and strategic partnerships

We would like the opportunity to be of similar assistance to you. Please contact one of our IT Litigation Practice Group attorneys for assistance with an IT-related dispute or issue.