IT & Digital Transformation

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When it comes to your company’s information assets, improvising will never do. At Dickinson Wright, we believe that effective legal advocacy requires not only comprehensive knowledge of the law, but also a thorough understanding of our clients’ industries and technologies. Our IT and Digital Transformation practice offers clients a full range of services providing practical and industry-specific advice while vigorously advocating to achieve our clients’ objectives. From data privacy and cybersecurity concerns to cloud solutions and telecommunications matters, we assist our clients with the complex issues encountered in this area, enabling them to achieve and maintain a competitive advantage.

Our Services

From emerging businesses to Fortune 500 companies, our clients come to us from organizations across all industries. In addition to traditional licensing of software and agreements regarding information technology services, our firm works with businesses to provide ongoing training regarding IT and digital transformation risks, vulnerabilities, and protection requirements for current and emerging technologies. We pride ourselves in offering sophisticated, top-tier service at competitive rates.

Cloud Solutions: As more and more companies have moved to a cloud environment to run applications and store information, Dickinson Wright IT and digital transformation attorneys advise regarding cloud solutions to both users and providers, including:

• Providing or procurement of cloud-based services, including Software as a Service (SaaS), Infrastructure as a Service (IaaS) and Platform as a Service (PaaS)
• Negotiation, modification, and renegotiation of existing cloud agreements
• Financial arrangements and risk allocation
• Privacy, data security, and regulatory issues

Data Privacy and Cybersecurity: Federal and state privacy laws affect nearly everyone who controls or possesses personal data. Understanding these laws and regulations can be complicated, and failing to comply with them can carry stiff penalties. Dickinson Wright’s data privacy and cybersecurity team help clients understand and comply with laws addressing the security of personal information, protected health information, and confidential information. Our attorneys regularly counsel clients on their risks and obligations under laws relevant to their data, and we offer strategic guidance on the many issues associated with the privacy and security of your data.

Divestitures and M&As: The decision to close, sell, or acquire a company is not an easy one, and further complicating the situation is the matter of properly handling information. Whether you are a buyer or seller, our IT lawyers can help you avoid the information technology risks associated with these transactions, ensuring a smooth transition.

Buying, selling, and trading goods online, or e-commerce, has benefited both consumers and providers alike, and most industries today rely on the internet whether advertising their products and services, hosting a website with valuable content for prospective customers, or providing their customers the ability to conduct online transactions. However, these transactions are subject to ever-evolving international, federal, and state laws that regulate internet service provider terms and conditions, software development and licensing, advertising, and competition. Our e-commerce representation includes:
• E-commerce transactional agreements
• Internet service provider terms and conditions
• Software licensing and web hosting
• E-signatures and e-billing

Health Care Privacy and Security:  We help clients understand and comply with laws addressing the privacy and security of health care information, including the Health Information Technology for Economic and Clinical Health Act (HITECH) and the Health Insurance Portability and Accountability Act of 1996 (HIPAA) and the regulations that followed such as the Privacy, Security, and Breach Notification Rules, and the HIPAA Omnibus Final Rule. Our work includes:

• IT asset acquisitions, including licensing
• Risk insurance, including cyber risk and data breaches
• Data storage, including outsourcing and cloud computing
• E-billing requirements
Telehealth Platforms

Intellectual Property: Our intellectual property team works closely with clients to ensure their ideas and technologies stay secure so they can focus on what they do best – business growth and development. With a team of over 90 attorneys who practice exclusively in the IP field, we offer strategic counsel to clients concerning all aspects of intellectual property. Because we understand the current trends of the global market, we help both small businesses and international corporations alike understand and leverage their IP rights. And, with a worldwide network of associates in a wide range of technical disciplines, we can readily assist our clients wherever they do business.

Technology Transfer:  
Today’s research and development enterprises occupy a crucial role in converting modern innovations into profitable business solutions. However, there are unique and arduous challenges involved in commercializing innovations, especially at the early stage of their discovery and development. We understand the importance of identifying and protecting innovations at the earliest stage possible in order to help them reach their commercial potential and give our clients a competitive advantage. For decades, our technology transfer team has helped clients achieve exactly that by navigating the potential risks and complicated transactions that come with the development, licensing, acquiring, and selling of technology.

Telecommunications: Our lawyers provide comprehensive telecommunications services, including:

• General counsel
• Contract negotiation and renegotiation
• Service and subscriber contracts
• Litigation

Representative Case Matters

–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.

–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.

–Assisted a Fortune 500 telecommunications company in revising all of their customer product and services master agreements, and all of the addenda for those master agreements.

–Represented a large data agrigator and licensor of data in acquiring exclusive licenses to social media data from Asia and then licensing that data to numerous Fortune 100 companies in the United States, including most major technology companies. Set up compliance programs on how the information and data was used and auditing of customers.

–Defend and settle matters involving the Business Software Alliance (“BSA”), a trade group comprised of major software vendors that target companies for unauthorized use of software products as well as other software vendors.

–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. 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.

–Financed and licensed over $185 million of proprietary software for various insurance companies, consulting with health care insurance companies on best practices for the development, deployment, and licensing of internally developed proprietary software.

–Assisted a Fortune 500 consumer foods company 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.

–Represented multiple different clients in conjunction with a data security breachs resulting in the unauthorized disclosure of retail customers’ personally identifiable information or personally identifiable health information,. We have successfully navigated compliance with various applicable state laws in responding to data security breaches and have negotiated favorable resolutions with Visa, American Express, and Discover (based on alleged non-compliance with Payment Card Industry Standards).

–Represented a group of emergency room physicians in starting up a multi-state telehealth practice, from software development, through regulatory compliance to licensing with physician practices and all other legal matters.

–Represented an insurance services company with acquisition and customization of specialized software for providing services to governmental entities and then negotiated the services agreements, specialized software development agreements for each customer of the company, and the sale of the information technology assets of the insurance services company.

–Perform spear-phishing attacks on clients (as requested) to identify potential vulnerabilities to phishing attacks and hackers and then provide training to employees to improve future responses to phishing attacks.

–Negotiated software development agreements and licenses of software to one of the largest agricultural services companies in Europe and Asia for monitoring in real-time status of livestock to improve production, animal welfare, and overall quality of life for the livestock.

–Represented and advised CertifID regarding startup issues; licensing of software and services as one of the premier companies providing secure sharing of wire information to prevent wire fraud.
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