Dow Lohnes has a broad information technology practice, focusing on the use, development, acquisition, and outsourcing of hardware, software, technical know-how and related services. The lawyers in the firm's Media and Information Technologies (MIT) practice group regularly work with clients preparing and negotiating complex technology-based agreements. Examples of these transactions include hardware procurement, software licenses, professional services and software development agreements, outsourcing arrangements, application service provider agreements and telecommunication capacity and service agreements. MIT lawyers also regularly assist clients with the complex intellectual property, privacy, and confidentiality issues these types of agreements present.
Professional Services, Custom Software, and Infrastructure Development
The firm's MIT attorneys work closely with clients in evaluating, drafting, and negotiating professional service and custom technology development agreements. Dow Lohnes lawyers are familiar with the industry practices relating to intellectual property protection, terms regarding ownership and usage of deliverables, and indemnification and warranty provisions in technology agreements. We know when and how to modify these provisions to successfully meet our client's needs. The firm also assists clients in establishing parameters and procedures to help ensure successful project development and support from vendors, including cost control measures, establishment of development milestones, change control guidelines, performance benchmarks, support level commitments, and source code escrow agreements.
Telecommunications service agreements are becoming increasingly sophisticated as competitive carriers offer new services and features. The firm has assisted clients in evaluating, negotiating, and preparing a broad variety of data and voice communications agreements. MIT lawyers routinely address complex issues with communications vendors, such as service levels and associated penalties, upsizing and downsizing provisions, variable term lengths, and pricing terms. The firm has also represented clients in a variety of matters relating to the acquisition of telecommunications capacity, including lit and dark fiber acquisition, indefeasible rights to use agreements, satellite transponder leases, and wireless spectrum acquisitions.
Outsourcing and Application Service Providers
The firm routinely assists clients with evaluating, negotiating, and preparing a wide range of outsourcing agreements, from large scale technology and business service outsourcing to application service provider agreements. We understand the business advantages of outsourcing technology, as well as the associated legal and business risks. Dow Lohnes lawyers have negotiated and prepared detailed warranties, service level agreements, support level commitments, business upturn and downturn provisions, transition assistance, and source code escrow and code repository agreements to mitigate the risks associated with outsourcing. We also work with clients to establish systems and procedures to ensure a successful relationship with their outsourcing providers, including the establishment of cost control measures, project milestones, change control procedures, performance metrics and dispute escalation procedures.
The purchase of computer and communications equipment often presents unique procurement and support challenges. The attorneys at Dow Lohnes have extensive experience in the negotiation and preparation of computer and communications hardware procurement agreements. We frequently assist clients with technology purchases from industry leading, large-scale technology vendors. The firm's MIT lawyers assist companies in dealing with a myriad of vendors to build their enterprise-wide network infrastructures. We also negotiate complex warranties, indemnification provisions, support obligations, and ongoing maintenance terms to fit our client's specific needs.
Our expertise in software licensing issues covers the full range of transactions, from discrete, individual application licenses to enterprise-wide software licensing agreements. Our experience includes the licensing of operating systems, business accounting and human resource management systems, database solutions, productivity applications, development tools and resources, enterprise resource planning systems, codecs and customer relationship management software. The firm regularly advises clients on software-related warranty issues, liability questions, intellectual property protection and indemnification issues, technology transfer arrangements, privacy guidelines, and non-disclosure agreements.
Privacy issues are increasingly of importance to businesses that provide technology-based services, and can arise in many technology-based transactions. Our MIT attorneys have developed significant expertise in the rapidly expanding area of privacy law. We regularly assist clients in drafting policies regarding online privacy and data collection practices, telemarketing and call center operations, and e-mail marketing. Our attorneys also routinely provide counseling on issues arising under the Gramm-Leach-Bliley Act, the Children's Online Privacy Protection Act, and other federal and state laws affecting privacy and data collection, as well as the FTC's deceptive practices jurisdiction as it relates to privacy matters.