Technology helps organizations work smarter. But, technology also poses a number of challenges and risks.
Dickinson Wright regularly helps organizations across industries and sizes – from emerging businesses to Fortune 500 companies – develop policies and procedures to address a number of technology-related issues.
When it comes to information security, our team ensures that our clients’ information assets (trade secrets and personal information) are protected – which is the difference between disaster and effective risk management. As employees make increased used of email and other online applications, Dickinson Wright helps organizations develop effective policies; in fact, we’ve written a book on the topic. Our team’s experience also extends to helping organizations ensure that personal information is stored and used in compliance with privacy laws. Another area where our team is quite knowledgeable is electronic contracting.
Some of the information technology practice’s areas of expertise include:
- From 1999 through 2005 Dickinson Wright attorneys were the sole IT counsel for a Fortune 100 company in the construction industry, handling hundreds of IT-related transactions, including enterprise-wide agreements with major software companies valued at over $350 million combined for a variety of services including print/copy/fax, telecommunications and network service.
- In 2003 we represented a Fortune 100 company in developing and implementing a ground-up global licensing strategy for a proprietary software product serving the mining industry. The project involved (i) obtaining third party licenses (with sublicense rights) for incorporation into or support of the company’s proprietary software, (ii) creating the reseller agreements between the company and its dealers, and (iii) developing the end user license and maintenance and support agreements for the ultimate software licensees.
- In 2004 a Fortune 500 telecommunications company engaged us to revise all of their customer product and services master agreements, and all of the addenda for those master agreements. The project required the revision of nearly 100 separate documents.
- In 2006 we represented a Fortune 1000 company operating in the rental car industry in the outsourcing of its entire information technology function to a large software services vendor. The transaction was valued at ~ $180 million, as reported in an SEC filing. The agreement, with exhibits, is 857 pages long. Later in 2006 we represented the same company in the outsourcing of its call center to a Philippines-based entity.
- Between 1996 and 2009 we have defended and settled six matters involving the Business Software Alliance (“BSA”), a trade group comprised of major software vendors that target companies for unauthorized use of software products.
- In 2007 we took over stalled negotiations between a Fortune 500 automotive supplier and a major European supplier for software that would control assembly lines in a new factory. We quickly completed the negotiations with terms acceptable to both companies within the hard deadline to allow for timely completion of the plant construction and the start of production to meet the required ship dates for the first products from the plant.
- Since 2008, we have financed and licensed over $185 million dollars of proprietary software for various insurance companies. We have also consulted with health care insurance companies on best practices for the development, deployment, and licensing of internally developed proprietary software.
- A Fortune 500 consumer foods company engaged us in 2009 to assist in the negotiation and preparation of agreements with a Fortune 100 company covering telecommunications and network data services for the consumer foods company’s worldwide enterprise. The project involved dozens of separate agreements, with an aggregate deal value north of $100 million.
- In 2010 we represented a publishing client in conjunction with a data security breach resulting in the unauthorized disclosure of retail customers’ personally identifiable information, including credit card numbers. We successfully navigated compliance with various applicable state laws, and negotiated favorable resolutions with Visa, American Express, and Discover (based on alleged noncompliance with Payment Card Industry Standards).
- We have recently spoken on numerous occasions regarding healthcare information technology (“HIT”) issues, including at the Mid-West Healthcare Information and Management Systems Society conference (on social media) and at Automation Alley (overview of HIT legal issues). We also have a recurring publication role in the Journal of Health Care Compliance and regularly publish HIT-related Client Alerts.
These are exemplary of the kinds of matters our Information Technology lawyers routinely handle. We are ready, willing, and certainly able to assist clients in matters concerning information technology laws, regulations, and transactions.