Technology

  • Holland & Knight’s Technology Team is comprised of attorneys with advanced technical degrees and industry experience who are proficient at protecting and optimizing the value of client innovations and business interests.
  • We have extensive experience in the development, distribution, ownership, licensing and use of the Internet and computer software.
  • Our Technology Team works in collaboration with other members of the firm, including intellectual property, corporate and transactional attorneys, to provide comprehensive, cost-effective representation for all of our clients' legal needs.
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Overview

As online systems and computer software continue to develop at an extraordinary pace, the technology, software and telecommunications industries have undergone dramatic change. The industry standards and regulations governing these fields have serious implications for businesses of all types. Now more than ever before, companies need to protect their innovations, leverage the value of their intellectual property (IP) development efforts, preserve privacy and secure their market position.

Holland & Knight’s Technology Team is skilled at addressing the unique challenges that arise in an electronic environment. We provide all levels of regulatory and general representation to meet our clients’ needs. Comprised of forward-thinking strategists, skilled negotiators and experienced litigators who readily grasp complex technological innovations and the applicable technology laws, our team works closely with clients to understand their business and their goals in order to help them develop effective ways to compete in the marketplace.

Protecting Our Clients' Innovations and Interests

Our Technology Team is proficient at protecting and optimizing the value of our clients’ innovations and business interests. We regularly prepare, review and negotiate contracts and agreements in the following areas:

  • Internet performance
  • online operations
  • Web development, hosting and content
  • software licensing
  • software development
  • software and hardware maintenance
  • source code escrow
  • equipment leasing
  • hardware purchase and turnkey arrangements
  • computer service
  • nondisclosure, privacy and trade secrets
  • dealerships
  • outsourcing 

In-Depth Technological and Legal Experience

Many of our attorneys have advanced technical degrees and industry experience. Our team includes former engineers, management consultants and a former general counsel to a leading communications company.

Working in collaboration with attorneys throughout the firm, we provide clients with coordinated representation in all areas of law that are relevant to their operations, including contracts, corporate, tax, antitrust, government contracting, and international and cross-border transactions, to ensure that all aspects of our clients’ businesses are protected. We regularly assist clients with the following matters:

  • purchase and sale of computer businesses (including related tax matters)
  • ownership rights
  • breach of warranty and contract
  • reverse engineering
  • copyright, trademark and patent infringement
  • trade secret violations

Industry Leaders

As recognized leaders in the area of technology law, our Technology Team represents buyers and vendors in virtually every type of transaction, including:

  • acquisition and licensing of technology and intellectual property
  • IT and business process outsourcing
  • e-commerce transactions, including website development and hosting
  • cloud computing
  • Internet-related transactions
  • data storage
  • agreements for development projects
  • application services provider and software-as-a-service agreements

We are skilled in all forms of electronic commerce, software licensing, trade secret protection activities, commercialization of technology, mergers and acquisitions of software companies, sales and acquisition of individual programs, software financing, negotiation of outsourcing agreements, negotiation of software restructuring agreements, and the sale of software development and software consulting companies.

In addition to assisting clients by drafting and negotiating agreements, we provide counsel in many transactions from their inception by working with the client to develop requests for proposals (RFPs) and technical documents. We also have drafted and negotiated term sheets and regularly assist clients with contract administration, development of contract administration tools and contract relationship reviews.

Dispute Resolution

Our attorneys apply appropriate and sophisticated strategies to resolve clients’ computer-related business disputes, including negotiation, licensing arrangements, settlement, alternative dispute resolution and, when in the clients’ best interest, litigation.

Intellectual Property Coverage

Our Technology Team uses a collaborative approach when handling IP matters and works closely with the firm's outsourcing and e-commerce teams as well as intellectual property practitioners to ensure that all aspects of our clients’ businesses are protected.

Our lawyers regularly register and enforce copyrights, patents and trademarks to protect ownership rights in computer software, hardware and computer technology. We also advise on protecting domain names, maintaining privacy and preserving trade secrets protection, enforcing data security, addressing antitrust concerns and litigating cases involving computer crime law violations.

Asset Protection Savvy

Our team represents some of the world’s largest software publishers and scores of other leading companies in piracy and counterfeiting matters, including Web security issues such as hacking, “port scanning” and “springboard” liability. We also advise on criminal sanctions for hackers’ conduct and “due diligence” regarding technical solutions, including firewalls and file encryption.

Data Privacy and Security

Data privacy and security protection impacts nearly every type of enterprise and requires strategic and proactive risk management to meet the challenges and opportunities presented by today’s global information economy and privacy regulations. Our firm regularly provides a full range of data privacy and security services to a wide variety of industry sectors, including information technology, healthcare, insurance, e-commerce, communications and content providers. We understand the federal and state regulatory frameworks and regularly assist clients in achieving with compliance.

Multinational and e-commerce companies must be especially vigorous regarding international data compliance because their data flows across the borders of many countries. Our international offices feature multilingual attorneys and a global network of local counsel who assist in regulatory compliance matters. The firm's attorneys have drafted privacy policies and retention policies, advised on corporate compliance programs, performed internal investigations and defended class action lawsuits.

Case Studies

Tools & Resources

Multimedia

Two Byte Conversations - Decoding the Future of AI Regulation and Frontier Models
Podcast - Decoding the Future of AI Regulation and Frontier Models
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Podcast - Digital Signature and Electronic Signature, Similar … But Different
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Owl Explains Episode 40: U.S. Congressman Dusty Johnson (R-S.D.)
Two Byte Conversations: Robots, Rights and New Tech: Balancing Innovation and Data Privacy
Podcast - Robots, Rights and New Tech: Balancing Innovation and Data Privacy
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Sustainability and Innovation in the Mining Sector
Regulatory Phishing Podcast Episode ft Kelsey Hayes
Podcast - Discussing a DOJ Lawsuit Under the Civil-Fraud Initiative
Sound Waves
What Contractors Need to Know, Now That the CMMC Rule Is Finalized
Sound Waves
The Contractor Cybersecurity Locomotive Picks Up Steam
Regulatory Phishing Podcast - Cybersecurity Roundup: Analyzing New and Proposed Rules for Contractors
Podcast - Cybersecurity Roundup: Analyzing New and Proposed Rules for Contractors
Digital Banking Drives Financial Inclusion in Colombia: 77.8% of Transactions Are Now Digital
Sound Waves
The SEC’s Intensified Focus on AI Washing Practices
Sound Waves
The Future of Sports and Crypto: Karate Combat
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Podcast - Changes in FDA, Cannabis Policies and AI Developments
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Podcast - Findings from Gibbins’ Annual Healthcare Bankruptcy Report
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Tampa Bay: Holland & Knight's CEO Reveals How AI Is Transforming the Legal Profession
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Podcast: Emerging Technology in the FY24 NDAA
Sound Waves
AI Meets Copyright: Understanding New York Times v. OpenAI
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Taking Advantage of AI-Empowered Drafting and Legal Technology Tools for High-Stakes Transactions
CUI STILL
Cybersecurity and CUI in Government Contracts: What's New and What's Next?
Podcast - The Role of Managed Service Providers with Stuart Itkin
Podcast - The Role of Managed Service Providers with Stuart Itkin
TLHEp13Still
Podcast - The Pitfalls of Technology in Trials
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Podcast - The When, Where, Why and How of CMMC with Fernando Machado
Yes, Artificial Intelligence (AI) Regulation Exists: Hear Directly From the Federal Trade Commission
Yes, Artificial Intelligence (AI) Regulation Exists: Hear Directly From the Federal Trade Commission
New Rules for Artificial Intelligence
New Rules for Artificial Intelligence
The State of Quantum Computing
The State of Quantum Computing
The State of Contractor Cybersecurity with Katie Arrington
Podcast - The State of Contractor Cybersecurity with Katie Arrington
RP Ep. 5 Still
Podcast - Navigating the TikTok Ban: Implications for Government Contractors
Podcast - A conversation with ChatGPT
Podcast - A Conversation with ChatGPT
Sound Waves
What Do Policymakers Think About When They Think About Blockchain?
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Podcast - What Do the Newly Released CMMC 2.1 Documents Mean?
A Lo Legal En Par Minutos Inteligencia Artificial Still
Podcast - Artificial Intelligence
Regulatory Phishing Ep. 2 Still
Podcast - Third-Party Assessments and NIST SP 800-171
Regulatory Phishing Ep. 1 Still
Podcast - Overview of Cybersecurity in Government Contracts
Sound Waves
All About Quantum
Sound Waves
Blockchain and the Sports Industry with Samir Patel
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Podcast - SEC's Oversight on Cybersecurity Requirements

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