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.

E-commerce:
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

Healthcare  Privacy and Security:  We help clients understand and comply with laws addressing the privacy and security of healthcare 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 services such as print/copy/fax, telecommunications, and network services.
  • Represented a Fortune 100 company in developing and implementing a global licensing strategy for proprietary software in the mining industry, including third-party licensing, reseller agreements, and end-user license and support agreements.
  • Assisted a Fortune 500 telecommunications company in revising all customer product and services master agreements and related addenda.
  • Represented a large data aggregator and licensor in acquiring exclusive licenses to social media data from Asia and licensing that data to Fortune 100 companies, including major technology companies, along with implementing compliance and auditing programs.
  • Defended and resolved matters involving the Business Software Alliance (BSA) and other software vendors regarding alleged unauthorized use of software products.
  • Completed time-sensitive negotiations between a Fortune 500 automotive supplier and a European software provider for factory automation systems, enabling timely plant completion and production launch.
  • Financed and licensed over $185 million of proprietary software for insurance companies and advised on development, deployment, and licensing of internal software systems.
  • Assisted a Fortune 500 consumer foods company in negotiating global telecommunications and network services agreements valued at over $100 million across multiple contracts.
  • Represented multiple clients in data breach matters involving unauthorized disclosure of personal and health information, including regulatory compliance and negotiated resolutions with Visa, American Express, and Discover under PCI standards.
  • Advised a multi-state telehealth practice on software development, regulatory compliance, and physician licensing arrangements.
  • Represented an insurance services company in software acquisition, customization, and related customer service agreements, as well as the sale of IT assets.
  • Conducted phishing simulation attacks and cybersecurity training programs to identify vulnerabilities and improve organizational security awareness.
  • Negotiated software development and licensing agreements for a major agricultural services company operating across Europe and Asia for real-time livestock monitoring systems.
  • Advised CertifID on startup issues, software licensing, and service agreements for secure wire fraud prevention solutions.
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