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Information Technology

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Baker Donelson advises clients on a full array of legal and business issues associated with the purchase, sale, licensing and outsourcing of information technology products and services.

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Why Baker Donelson?

Members of our team include former:
  • Software company CEO and Developer
  • IT Manager
  • In-house Technology Department Counsel
Leaders and board members of local and national technology councils and organizations
Act as officers/directors of international consortia in the evolving digital environment
Represent clients in shifting technology and data across national borders

Practice Overview

We regularly partner with entrepreneurs, in-house counsel, for-profit and non-profit businesses, and their leadership, to address the ever-evolving legal and business developments, challenges, and opportunities associated with the Information Technology industry.

We draw from both our ongoing work as advisors, leaders, authors, and speakers within local and national technology circles and our hands-on experience having formerly worked in and for technology companies and departments as software company executives and developers, information technology department managers and support personnel, and in-house technology counsel. Our team also leverages the Firm's other practice groups, such as financial services, hospitality, franchising, and distribution, automotive, health care, litigation, intellectual property, entertainment and media, among others, to form cross-disciplinary teams ready to tackle multi-faceted issues and provide comprehensive risk management, incident response, acquisition support, and other strategy.

We pride ourselves on our ability to provide practical, industry-targeted advice that appreciates the internal demands faced by our clients. We understand their need to ensure the privacy and security of their businesses without sacrificing their ability to drive innovation and close business deals expeditiously. We provide ongoing assistance with navigating the increasingly sophisticated and global regulatory, operational, strategic, offshoring, and ethical issues associated with Information Technology. Our advice and counseling services include:

  • Review, drafting, and negotiation of a wide range of vendor, service provider, and customer agreements
  • Cybersecurity (corporate policies and procedures, data governance, PCI Compliance and payment processing) and collaboration with related teams
  • Emerging technologies – Distributed ledger, blockchain, cryptocurrencies, Internet of Things (IoT), artificial intelligence, autonomous vehicles, virtual reality and augmented reality
  • Industry-specific state, federal, and international regulatory compliance for non-profit, government, and private sectors (business-to-business and business-to-consumer) and data privacy, data protection, cybersecurity, and consumer protection laws
  • Licensing (Open Source, SaaS, cloud hosting, digital content, service level agreements)
  • Managed Services (Colocation, Data Centers, technology support for affiliate networks)
  • Professional Services and Outsourcing (Master Service Agreements, Statements of Work, Cross-Border Transfers, Technology Contractor Arrangements)
  • Third Party and Vendor Risk Management and Assessments
  • Website and mobile application development and UX design; Mobile applications; Internet Law (Website Terms and Privacy Policies, including cookies, industry-specific privacy and security notices, and ADA requirements); e-Commerce
  • Social Media – Transactions and FTC and related regulatory compliance for Influencers, Endorsements, and Testimonials
  • Legal Ethics in Technology
  • Cross-border data transactions and associated compliance
  • In-person and online business technology training and drafting related compliance materials (forms, manuals, playbooks, etc.)
  • Represented a data analytics company in an FTC investigation.

  • Represented a closely-held software company in connection with its merger into a subsidiary of a private equity fund, with the stockholders of the software company receiving cash consideration of approximately $140 million.

  • Represented a Fortune 100 financial company in connection with negotiation of various software licenses, intellectual property agreements and ancillary documents. 

  • Represented a technology company in the exclusive license of its software to a large multinational corporation in Australia.

  • Served as general counsel to national technology, manufacturing, and professional services firms.

  • Negotiated and closed software and other technology/e-commerce transactions from both the supplier and purchaser perspectives involving software license and service and support agreements, software development agreements, website design and hosting agreements, hardware acquisition and services agreements, and application hosting agreements.

  • Advised board of technology business on $76 million merger transaction with private equity buyer, including management rollover.

  • Represented a Fortune 50 company in an outsourcing of software development and implementation project to an Indian company.

  • Represented a Fortune 50 company in the divestiture of a technology subsidiary.

  • Represented a technology company in developing its open source software strategy.

  • Represented a multistate hospital company in connection with electronic medical records system acquisition.

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