Lewis, Rice & Fingersh has broad experience in technology, computer and electronic commerce law.

Lawyers in our Technology Law practice area are well-versed in the legal issues facing existing and emerging technology companies. Technology Law requires a multidisciplinary approach combining many different legal specialties, and attorneys in our Technology Law practice area draw on their expertise in areas as diverse as antitrust, securities and corporate finance, media and publishing, financial institutions, business and commercial litigation, insurance and local, state and federal taxation, as well as in patent, copyright and trademark registration and protection.

Our Technology Law clients include start-up technology companies in the earliest stages of their development to mature private and publicly held companies who seek to use technology in their existing business. Examples of the services we have provided these clients include:

General corporate representation -- advice to start-up technology clients on:

• Type of entity (e.g., corporation vs. limited liability company), and the considerations (tax, organizational flexibility and control, market/investor expectations, officer/employee compensation) on which the choice of entity should be based;
• Business plan/Exit strategies - the legal and non-legal considerations relating to business plans and exit strategies (e.g., operating the company indefinitely, selling it, using it as a platform to acquire other companies or taking it public);
• Control issues - equity holdings of the founding stockholders and employees, composition of the board of directors or managers, stockholder agreements, etc.;
• Capital structure and capital raising - advice and guidance as to the securities laws and other legal considerations involved in capital-raising transactions, the terms of equity issuances and the rights and obligations of investors and management;
• Employee benefits - Stock option and related qualified and non-qualified employee benefit plans, and related tax consequences;
• Employment - employment and non-competition agreements, confidentiality and intellectual property agreements, employee policy manuals and other employment-related issues.

Protection of intellectual property rights - advice and guidance in the ownership and protection of proprietary rights in software, hardware, publications and other forms of intellectual property, including:

• Prosecuting patent applications and trademark and copyright applications.
• Protection of trade secrets and other confidential information.
• Employee confidentiality and assignment of invention obligations.
• Patent, copyright and trademark dispute resolution, including litigation, arbitration and mediation.

Technology transfers - advice and guidance regarding the licensing, sales and acquisition of software and technology-related intellectual property:

• Preparation of end-user software license agreements for consumer and business end-users.
• Negotiation of mission-critical software license agreements on behalf of both licensors and licensees.
• Drafting and negotiation of joint ventures and strategic alliances involving exploitation of proprietary technology and intellectual property.
• Advice on source code and other escrow arrangements for licensors, licensees and escrow agents.

Internet and electronic commerce - advice and guidance for both service providers (ISPs, site developers and site hosts) and users of Internet services on:

• Web site development and hosting agreements;
• Development and hosting of e-commerce Internet sites to facilitate sales and marketing of client businesses, including software products and financial services;
• Electronic publishing;
• Internet privacy policies and terms and conditions of use of web sites.
• Internet-related litigation, including libel, invasion of privacy and constitutional issues;
• The effect of local, state and federal tax laws on Internet-based transactions.