COMPUTER LAW AT ENGELMAN & SMITH
Many computer
law issues are similar to those faced in any business situation. Other issues are
unique, or require an understanding of the technology involved. Sometimes
it's helpful to have a lawyer who knows the difference between bits, bytes,
and baud rates. Some of the computer-related issues handled by the attorneys at Engelman
& Smith in recent years are the following:
Computer Issues for Non-Computer Businesses
- advised retailer on point-of-purchase and inventory control
hardware and software system
- negotiated computer system sales and service contract
- analyzed whether client's web site subjected it to out-of-state jurisdiction
- represented purchaser of dysfunctional mainframe system
- advised company how to deal with disgruntled programmer/consultant who
threatened to leave "time bomb" in computer system
Computer and High-Tech Businesses
- advised startups on forms of business (sole proprietorships,
partnerships, corporations [both subchapter S and C], limited liability
companies), including tax consequences
- drafted pre-incorporation shareholder agreements
- negotiated database development contracts
- advised on options for equipment purchase/lease/lease-back
- drafted and negotiated software licensing agreements
- drafted and negotiated employment, stock option, and nondisclosure agreements
- copyrighted computer programs
- trademark advice and registration
Programmers/Developers/Computer
Artists
- drafted, analyzed, and negotiated contracts with software
developers
- advised on pros and cons of employment v. independent contract
- advised programmer how to protect rights to proprietary database software
while negotiating and entering into contract with online service
- reviewed work-for-hire, confidentiality, and non-compete clauses and
agreements
- drafted model graphic design licensing agreement
- drafted licensing agreement re electronic rights to graphic media
- advised re strategies in pursuing multimedia rights
- advised re First Amendment and intellectual property issues in online
publications
Claims, Disputes, and Litigation
- defended electronic games developer against claim by
terminated software consultant
- advised programmer on rights to equipment acquired and used under contract
- counseled technical support staff after corporate takeover
- represented employees alleging defamation by e-mail
- negotiated severance terms between MIS head and large employer
- defended software development company v. dissatisfied corporate customer
- defended website owners v. claims of trademark infringement
- successfully removed litigation from inconvenient district to client's home state
- advised software developer on how to deal with theft/reverse-engineering of code
Any attorney at Engelman & Smith is qualified to advise you on your business
needs. If you have a question specific to a particular technological area,
you may want to talk with Jeff Smith, whose experience includes the following:
- Studied logic, statistical analysis, and programming
at Northwestern University
- Worked with online services, BBSs since 1979
- Personal computer user (Mac, DOS, Windows) since 1984
- Hands-on experience in database design, computer graphics, digital audio
- Former Board member & newsletter editor for 1000-member user group
Not talking to a lawyer can be the most
costly "cost-saving device" you ever try.
If you have legal questions
relating to hardware, software, or technology, don't hesitate
to
give Engelman & Smith a call.
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