POWER OF FOCUS

Technology

LEADERSHIP: Christopher S. Miller, Joseph C. Guagliardo and Sharon R. Klein

Pepper Hamilton’s Technology Group is rooted in its rich history representing clients in the technology space from the early days of mainframe technologies, to the birth of the internet through today.

The Technology Group is built on the firm’s core experience in technology-related subject matter to advise both companies where technology is the business as well as companies where technology is critical to supporting the core business.

Our multidisciplinary group comprises lawyers from offices across the country, who understand the nuanced issues faced by businesses today and who are able to offer practical, tailored guidance on technology-related matters. Many of our lawyers in the Technology Group formerly practiced in-house or worked as software developers and business executives in the technology industry before practicing law.

Our diverse group of clients includes technology vendors and technology users, as well as venture capital and private equity firms that focus on investing in technology companies. And our clients come from a wide variety of industries, including financial services and banking, health care, education, media, cable and telecommunications, pharmaceuticals and biotech, and more.

We represent many high-profile clients and technology matters, including  advising  clients on:

  • Mobile application development, licensing and technology development agreements
  • Internet of things (IoT)
  • Blockchain technology
  • Software as a service (SaaS), hosting, cloud computing and outsourcing
  • Data privacy and security audits, including policy review and data breach response and related counseling
  • Open source licenses, including audits and due diligence
  • Digital marketing, including social media
  • Enterprise software implementations
  • Patent prosecution of key technology patents
  • Patent opinions and freedom to operate analysis
  • University technology transfers

MAJOR AREAS OF PRACTICE

Pepper’s Technology Group comprises key members of a number of practice areas, allowing the group to draw on the deep knowledge and experience of our firm. Major areas of practice for the group includes:

Data Privacy

We counsel clients in matters involving cloud computing, regulatory issues, and data security and privacy concerns. We advise businesses on “best practices” in data privacy and security laws and regulations, including governance and vendor management, breach response and litigation strategies.

Technology/IP Litigation

We represent clients in patent litigation matters involving technology subject matter. In addition to our work in all major U.S. patent venues, we have a nationally recognized practice that handles matters before the International Trade Commission.

Technology/IP Transactions

Our lawyers advise clients in connection with in-bound and out-bound software licensing transactions, technology development agreements, content licensing agreements, digital rights management, participation in standards organizations, and open source policies, among others.

FinTech

The rapid growth of financial technology, or “FinTech,” promises to change the landscape of the financial services industry in the coming years. With global investment in FinTech ventures reaching more than $12 billion in 2014, financial services companies — from tech start-ups to major banks — are paying attention to this dynamic industry and the innovations that these companies are offering. Pepper Hamilton provides comprehensive services to FinTech companies in the health care, payments and financial services industries, as well as other areas, advising on matters ranging from bank and non-bank regulatory issues affecting the marketplace lending space and innovative payment technologies to general corporate and intellectual property matters.

Patent Prosecution

We represent clients in technology patent prosecution involving a variety of subject matters, including mechanical and electrical devices, electronics, communication systems, software and computer hardware, data collection and storage systems, and semi-conductors.

Corporate

Pepper’s corporate practice group advises technology businesses of all sizes and across a broad scope of industry sectors on all types of corporate transactions including, among other things, mergers and acquisitions, venture capital and private equity financings, IPOs, follow-on public offerings, PIPEs offerings and startup company formation and business launch. Including advising on a deal that was listed as one of 2016’s top 10 technology exit deals in Massachusetts by CBInsights, a market research firm.

Commercial Litigation

Our lawyers represent clients in all industries in litigation involving technology-related issues, including disputes concerning software development and implementation projects.

Tax

Our lawyers regularly advise clients on sales tax questions involving technology agreements, including providing guidance on when sales tax applies under agreements that include revenue associated with software as a service, downloadable software licenses and support service components.