Practice/Industry Group Overview
Phillips Nizer’s Technology Group provides a broad array of services to clients in the e-commerce, health care, telecommunications, on-line services, publishing, entertainment and software development fields and represents a variety of clients in other industry sectors in connection with technology-related matters.
The firm’s Technology Group represent clients in various technology related commercial matters, including technology-based acquisitions, technical service agreements, website development agreements, professional service agreements, the licensing of software, including enterprise software and technology, the acquisition of software and services for e-commerce sites, agreements between brand owners and shopping sites and content sharing agreements for e-commerce sites, as well as in day-to-day aspects of organizing, operating and expanding technology-related businesses.
Members of our Technology Group provide counseling and representation to clients in a variety of matters, including acquisition of intellectual property rights, clearing and registering trademarks in the United States and foreign countries, counseling on copyright issues, rights of publicity and privacy, general patent counseling and the protection of trade secrets and proprietary technology in such diverse fields as fashion, entertainment, publishing, software development and marketing and e-commerce.
The firm’s Technology Group, in conjunction with our Litigation Department, has advised clients and handled litigations involving technology-related trademark, copyright, royalty and contract disputes, as well as libel, privacy, publicity, and other matters arising out of technology-based business activities, including the fields of on-line communications, domain name protection and the Internet.
Examples of matters handled by the Firm in the technology field include the following representations:
- A major designer, wholesaler and marketer of apparel, footwear and accessories in its technology-related transactions, software development and services contracts for its e-commerce sites, licensing agreements with software developers and providers, including enterprise software, the outsourcing of the development of software applications to a joint venture partially owned by the client, and agreements with service providers to provide a variety of products and services for its information technology infrastructure and websites.
- A major software company in preparing license agreements, outsourcing agreements, agreements with third-party developers and software distributors, non-disclosure agreements and handling litigation involving the unauthorized use of its software.
- A major hospital in the preparation and negotiation of a Master Software License and Services Agreement involving the developing of enterprise software for the client.
- A group of software developers in a large royalty-related arbitration and litigation against a major software company.
- A software developer for a subcontractor to a major mail and telephone order music distributor to establish a music-related kiosk site.
- A software company in documenting a content provider/site development agreement with a major cable television multi-system operator in connection with its cable modem service.
- A major internet services provider in negotiating and licensing third-party content, its obligations to subscribers and subpoena compliance issues under the Electronic Communications Privacy Act (ECPA), Internet access, content blocking and telecommunications issues and a variety of technology-related litigations.
- An on-line service company in a negotiating and documenting joint content development agreements and related financial arrangements with regard to subscription and advertising revenues.
- The owner-operators of a travel-based website in the sale of an Internet domain name for use by a large entertainment company.
- A major fashion magazine publisher in the development of its website.
- A large brand owner in the negotiation of agreements for the establishment of a shopping site linked to its website.
- A newspaper publisher and content provider in negotiating and drafting a web site development agreement and in advising it on issues relating to permissions and uses, copyright, trademarks, moral rights provisions under international law, content provider/publisher liability issues, attribution of content issues, and division of advertising revenues.