Technology

We formed this practice group with three guiding principles. First, we recognize that a technology company’s most valuable assets are likely found in groundbreaking concepts, designs, and products rather than in the “brick and mortar” assets of many traditional companies. Second, we understand that technology companies operate in a unique environment in which success depends on a deep understanding of the governing law as well as an appreciation of the economic realities of a competitive and ever-changing marketplace. Third, we believe clients are best served when we bring a wide range of legal experience to bear on their complex legal matters. These principles guide our advice on individual matters and the way we engage with attorneys throughout our firm.  

Our Technology Practice serves our clients in a wide array of matters.

Corporate and Emerging Companies

We advise tech companies on complex legal issues during all stages of growth and routinely handle: 

• Entity formation and governance
• Tax compliance
• Securities reporting and regulation
• Securities offerings
• International and cross border transactions
• Equity financing and securities law compliance 
• Debt financing and secured transactions
• Emerging companies and venture financing
• Real estate and equipment leasing
• Mergers and acquisitions

Intellectual Property Disputes

Our IP litigators appear in courts throughout California and the United States as well as in specialized tribunals such as the Patent Trial and Appeal Board (PTAB), Trademark Trial and Appeal Board (TTAB) and the International Trade Commission (ITC) handling matters that include:

• Patent infringement
• Trade secret misappropriation
• Trademark infringement
• Copyright infringement
• Inter Partes Review
• Licensing disputes
• Domain name disputes
• Software performance disputes
• Inventorship disputes

Intellectual Property Counseling

Our firm works with tech companies to protect and enforce their intellectual property and to protect against future claims of intellectual property infringement in a broad range of engagements:

• Trademark clearance, selection and corporate branding
• Trademark registration and enforcement
• Copyright registration and enforcement
• Trade-secret protection
• Patent strategy, clearance and analysis
• IP due diligence and audits
• Development and license agreements
• Technology Transfer
• IP Licensing

Technology Licensing and Procurement

Our attorneys routinely negotiate complex system-integration contracts involving the licensing of multiple technologies, and we regularly advise clients on the contractual interplay between IP indemnities, software warranties, and licensing/maintenance agreements that arise in multi-vendor projects. We are often involved from the inception of these projects and advise clients through the original procurement process, contract negotiation, and contract administration.

Serving Technology Clients’ Broader Needs

Our attorneys work closely with colleagues in many other practice areas of the firm to provide a broad array of legal services to clients.

Litigation and Dispute Resolution: Resolve a wide range of disputes through litigation, mediation and arbitration.

Employee Benefits: Address issues relating to retirement plans, employee benefits, executive and equity compensation, and fiduciary responsibility.

Labor and Employment: Advise on employee discipline and termination, federal and state wage-and-hour law, and compliance labor laws such as the Family Medical Leave Act, the California Family Rights Act, the Americans with Disabilities Act, and workers’ compensation regulations. These attorneys also develop appropriate training programs to address employment law matters and create employment forms, such as personnel policies, employment contracts, and applications. When the need arises, they also defend clients against claims related to employment discrimination, harassment, wrongful termination, and contract administration.

Real Estate and Construction: Assist with developing and acquiring the land and facilities growing technology clients need. They also specialize in Integrated Project Delivery, in particular with large technology campus construction projects.

Insurance Recovery: Advocate on behalf of clients to obtain coverage for a wide range of incidents.

Government: Protect clients’ IP when contracting with government entities, particularly when the customer is a government agency and a project is funded with public funds, as special rules may apply that could impact confidentiality and intellectual property rights. The attorneys in this group also prosecute and defend bid protests pertaining to government contracts, ensuring a client’s firm is treated fairly and allowed to compete on an even playing field for government contracts.

Key Contacts

Robert McFarlane

Partner

San Francisco, CA

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