Software & Technology Law

Helping Emerging Technology And Software Companies With Their Legal Needs So They Can Reach Their Goals

The Calhoun Law Firm, PLC, provides software and technology industry clients with legal counsel and representation in transactional and dispute resolution matters.

Software and technology transactional legal matters are focused on forming arrangements amongst interested parties; formalizing those arrangements in contracts or agreements; and later executing per the terms established.  Arrangements may focus on commercial transactions, hiring and managing employees, managing intellectual property, conducting E-commerce, business structuring, and enterprise operations.

Software and technology dispute resolution matters are focused on resolving conflicts between two or more parties. Conflicts occur when a party violates the terms of a contract, or once a party’s wrongful acts result in injury to someone’s property or reputation.  Legal representation is provided during negotiations, mediation, arbitration, and litigation conducted to resolve the dispute.

Our software and technology clients count on us for legal counsel and representation in matters involving:

  • Technology Enterprise Formation and Structuring
  • Contracts
  • Commercial Transactions
  • Employment
  • Intellectual Property
  • E-commerce
  • Dispute Resolution and Litigation

Technology Enterprise Formation and Structuring Law

We provide general business formation law advice to software and technology industry clients and counsel them on software and technology industry unique business formation matters.

Guidance is provided on business formation considerations common to a variety of businesses including business structure selection, business purchase, franchise purchase, succession planning, business dissolution, and resolving business formation disputes.   Additional details on these topics are provided in the practice area description of business formation.

Additionally, software and technology specific business formation counseling is provided on matters that include:

  • Forming joint ventures to monetize a technology
  • Acquiring land or entitlements for infrastructure
  • Buying and leasing space for offices, server farms, and retail
  • University joint ventures

Software and Technology Contract Law

We provide general contract law advice to software and technology industry clients and counsel them on software and technology industry unique contract matters.

Guidance is provided on contract considerations common to a variety of businesses including contract negotiation, contract drafting, contract review, and resolving contract disputes.   Additional details on these topics are provided in the practice area description of contracts.

Additionally, software and technology specific contract counseling is provided on matters that include:

  • Software and IT Agreements including a) Licensing, b) Source Code Escrow, c) Support & Maintenance, and d) Non-Disclosure Restrictions
  • Technology Development and Acquisition Agreements including a) IT Consulting and Services, b) Systems Integration
  • IT Outsourcing Agreements
  • Internet and e-Commerce Agreements including a) Terms of Service, b) Application Service Provider, c) Software as a Service, d) Privacy Policies, e) Cloud Computing, f) Website Development and Hosting, g) Database Subscription
  • Technology Distribution Agreements including a) OEM and VAR, b) Marketing

Software and Technology Commercial Transaction Law

We provide general commercial transaction law advice to software and technology industry clients and counsel them on software and technology industry unique commercial transaction matters.

Guidance is provided on commercial transaction considerations common to a variety of businesses including negotiating commercial agreements, formalizing commercial agreements, executing commercial transactions, and resolving commercial transaction disputes.  Additional details on these topics are provided in the practice area description of commercial transactions.

Additionally, software and technology specific commercial transaction counseling is provided on matters that include:

  • Incorporating open source
  • Developing software and applications
  • Technology transfers
  • Structuring royalty payments
  • Incorporating distributed ledger technology
  • Assigning intellectual property asset during mergers, dissociations, and other strategic events
  • Cloud services
  • Reseller relationships

Software and Technology Intellectual Property Law

We provide general intellectual property law advice to software and technology industry clients and counsel them on software and technology industry unique intellectual property matters.

Guidance is provided on intellectual property considerations common to a variety of businesses including acquiring trademarks, acquiring copyrights, protecting trade secrets, licensing intellectual property, purchasing intellectual property, and intellectual property dispute resolution.  Additional details on these topics are provided in the practice area description of intellectual property.

Additionally, software and technology specific intellectual property counseling is provided on matters that include:

  • Software, Hardware and Technology Licensing
  • Copyright and Database Licensing

Software and Technology Employment Law

Compliance with employment statutes and regulations is an essential component of operating a successful technology enterprise. We provide employment legal counsel to established and emerging companies focused on software, computer hardware, semiconductors, telecommunications, e-commerce, artificial intelligence, digital media, social media, fintech and life sciences, and other people involved in the software and technology industry covering a wide range of federal, state, and local employee / independent contractor legal issues including:

  • Establishing guidelines for determining workforce employee / independent contractor classifications and creating Employment Contracts / Independent Contractor Agreements defining employment duration, benefits, compensation, and grounds for termination, and specific issues including who owns work products produced while on the clock.
  • Drafting Employee-Handbooks defining a company’s culture, setting on-job expectations for employees, and notifying employees of their rights under the law.  The handbook defines the company’s processes and procedures for hiring and separation, wages and overtime, promotions and performance reviews, medical and parental leave, required on-job behaviors and discipline, discrimination and harassment, trade secrets and confidentiality, and fringe benefits.
  • Developing and conducting training programs for both supervisory and non-supervisory employees focused on wage and work hour compliance, performance management, harassment prevention and remediation, substance abuse in the workplace, interviewing and hiring, and equal opportunity.

Software and Technology E-commerce Law

If you have a business website, a business email account, or business social media accounts, you’re participating actively in E-commerce.  There are dangers involved in operating online, including cyber piracy, data protection, and copyright / trademark infringements.  We provide legal counsel to technology enterprises with an internet presence covering a wide range of internet considerations including compliance with state and federal online advertising regulations; compliance with state and federal online consumer privacy regulations; domain name selection-registration and maintenance; and website development arrangements.

Technology Dispute Resolution and Litigation Law

We provide general dispute resolution advice to software and technology industry clients and counsel them on software and technology industry unique dispute resolution matters.

Guidance is provided on dispute resolution considerations common to a variety of businesses including negotiations, mediation, arbitration, litigation, and appeals.  Additional details on these topics are provided in the practice area description of dispute resolution and litigation.

Additionally, software and technology specific dispute resolution counseling is provided on matters that include:

  • Licensing Disputes including a) system performance, b) breach of warranties, c) misappropriation of software, d) scope of license, e) confidentiality restrictions, and f) royalties
  • IP Ownership and Use Rights including a) Copyright Infringement, b) Trade Secret Misappropriation, c) Trademark Infringement, and d) Domain Name and Cybersquatting
  • Breaches of Contract including a) Consulting Agreements, b) Implementation Agreements, c) Database Subscription Agreements, d) Distribution Agreements, and e) e-Commerce Agreements
  • Employment Disputes including a) Technology Ownership, b) Non-compete Agreements, c) Trade Secret

Contacting The Calhoun Law Firm, PLC

If our capabilities match your needs, we invite you to contact us today by one of these means:

  • Call us at 877-455-6344 to evaluate our capabilities to address your situation.
  • Submit an inquiry via our Contact Us Form to brief your situation and needs.
  • Schedule a 45-minute legal Consultation via our client portal to review your situation and approaches by which your objectives can be met.