Technology

As your technology company grows and changes, you need a law firm that can be right there with you, championing your growth and guiding you through the hurdles. For decades, Mintz Levin has provided creative and entrepreneurial counsel for tech companies of all types and sizes and covering the full spectrum of legal services. We understand the legal issues that tech companies need to address to maximize their potential.

We have represented leading-edge companies across all their life cycle needs, from early stage through growth capital to M&A transactions and IPOs, and addressed such issues as privacy, data security, and raising capital online. Our clients include companies in the FinTech, AdTech, EdTech, Internet, security, robotics, media, and social media sectors, among others.

Capital Raising & Transactional Matters
Our clients include tech entrepreneurs, investors, and corporations that have brought to market the ideas that have changed the ways we communicate, work, and are entertained. We’ve helped countless tech companies grow, and as your business grows or changes, we can assist you along the way, even representing you in sophisticated mergers, acquisitions, public offerings, and other debt and equity financing transactions. As well, our attorneys routinely handle collaborative financial agreements involving co-branding, development, licensing, procurement, and distribution.


Communications
In the communications sector, knowing what’s ahead can help you thrive in a business environment that is constantly changing. Because our attorneys are deeply involved with the rules, regulations, and business challenges in the communications industry on behalf of our clients, we can help you translate changes in your industry into opportunities. We represent entrepreneurs, developers, established entities, and venture capitalists doing business in the wireless, wireline, satellite, digital and social media, mobile media, apps, cable, and cloud computing markets. Our capabilities cover all the issues faced by established businesses as well as those involved in innovative and emerging technologies.


Cybersecurity Risk Management
In a world where cyber attacks and data breaches are increasing, we work with companies across a broad swath of industries to keep data safe and protected.


Data Center Real Estate
In addition to our traditional real estate practice, where we help clients buy, sell, rent, develop, and finance corporate facilities, we can also assist you with the real estate specifics of your industry sector, such as the development, leasing, and sale of data centers and collocation facilities.


Employment Law
We can assist you with everything from day-to-day human resources issues and policies as well as employment disputes and personnel issues that arise during mergers, acquisitions, or other transactions. Mintz Levin’s employment counsel is comprehensive, spanning routine employment matters as well as trade secret issues and litigation. We can be a resource for you or your human resources department to call on for advice as well as to conduct trainings, draft employment and noncompete agreements and HR policies, negotiate with labor unions, provide advice on staffing and outsourcing issues, and assist with benefits and executive compensation arrangements, and more.


Intellectual Property
We have deep experience with intellectual property matters in the software and technology markets, and we can be your single point of contact for securing, protecting, and defending your business’s intellectual property rights throughout the world. We can assist you with registering and protecting patents, copyrights, trademarks, and domain names as well as help you negotiate licensing and technology transfer agreements. When a dispute or possible patent infringement arises, you will work with attorneys who are not only experienced litigators, but who also understand the technology behind your patent.


Litigation
In a dispute, business or patent related, you want the best representation possible. That’s why we remain focused on what’s best for you and your business while aggressively defending you. You will have a dedicated team who will manage your case efficiently and effectively and remain in close contact with you. Among the patent litigation we have handled are cases involving software, microprocessors, electronics, digital imaging, network hardware, satellite television systems. We have represented clients in federal and state courts, in arbitrations, and before federal and state regulatory agencies.


Outsourcing
Our attorneys will work with you at any stage of your project that is being outsourced. We can help you plan your projects ahead by doing the legal work associated with structuring RFPs, providing counsel during your bid evaluation process, and assist in the negotion of outsourcing contracts. We have a bench of technology attorneys who are well versed in the legal issues that need to be addressed when outsourcing technology projects, and we can handle everything including advising on the structure of IT integration and transition and drafting business requirement documents. Our counsel on technology outsourcing is backed by years of experience in technology and IT transactions for companies of all sizes, from start-ups to multibillion-dollar financial institutions.


Privacy & Security
Data privacy and cyber security issues have become a daily concern of businesses, policymakers, and consumers alike. Our Privacy & Security attorneys can help you identify security risks and assist you in developing and implementing cyber security risk plans as well as policies and best practices that comply with federal, state, and international privacy statutes. Our services also include conducting privacy audits, performing gap analyses, and managing the investigation and proper disclosure of privacy and security breaches.


Tax
Our tax attorneys are well versed in the ways in which businesses in the technology sector are impacted by tax laws. Whether it’s a business transaction or a routine tax matter, our tax attorneys take a proactive approach and work alongside your corporate attorney to eliminate any surprises.

Sort by: Name  Title  Office

Barbara Chin

Barbara Chin

Practice Group Associate

Maryanne Kline

Maryanne Kline

Practice Group Associate

Sharon M. O'Brien

Sharon M. O'Brien

Special Counsel, E-Discovery

Representative Experience

  • Represented Time Inc. in its spin-off from Time Warner, creating an independent NYSE-listed public company, and on an ongoing basis in connection with its public reporting under the securities laws, acquisitions and investments, tax, and other related work.
  • Certain Consumer Electronics with Display and Processing Capabilities(337-TA-884) Represented owners of the patent portfolio of the original Silicon Graphics, now known as Graphics Properties Holdings, as complainant in the ITC. Investigation was instituted in June 2013 and among the respondent entities were Panasonic, Toshiba, Vizio, and ZTE. Most respondents settled. After an evidentiary hearing held over several days in May 2014, on August 29, 2014 Mintz Levin successfully obtained a recommendation for a Limited Exclusion Order against the remaining respondent, which chose to settle while Commission review of the Administrative Law Judge’s Initial Determination was pending.
  • Certain LED Photographic Lighting Devices and Components Thereof (337-TA-804) — Represented a California-based complainant (plaintiff) and its UK parent, companies that make LED lighting systems for use in film and TV production, at the International Trade Commission. The ITC handed down its Final Initial Determination of infringement on September 7, 2012. On January 17, 2013, the ITC issued a General Exclusion Order (GEO) against respondents (defendants) based in both China and the United States. The result in this case is particularly notable because it is rare for the ITC to issue a GEO. It is much more common for complainants to seek and receive a Limited Exclusion Order from the court due to the rigorous criteria and careful balancing of interests that apply to requests for GEOs.
  • Virnetx v. Mitel Networks Corp., et al. (E.D. Tex. - 6:11cv18) – Defended our client, the US division of a Germany-based global manufacturing concern, in a patent infringement action relating to secure network communications. Filed in January 2011, favorable settlement was achieved for our client in February 2013. Virnetx had previously scored a $368 million verdict against Apple and a $105 million verdict against Microsoft (Microsoft later settled with Virnetx for $200 million).
  • EON Corp. IP Holdings LLC v Skyguard LLC, et al. (E.D. Tex. - 6:11cv15) – Represented a defendant in this multi-patent infringement case relating to vending management communication modules. Filed in June 2011, case was settled very favorably after 18 months of litigation. EON, formerly known as TV Answers, Inc., holds more than three-dozen patents and has been fairly aggressive in its enforcement of a number of them. Among its targets have been some of the largest and most successful technology companies, including Apple, LG, Pantech, Honeywell, RIM, T-Mobile, and more. In some instances, EON has extracted high settlements from these organizations.
  • Alexander Orensthteyn v. Citrix (SD Fla - 0:02cv60478) – Won summary judgment of noninfringement and invalidity of patents asserted against a leading remote access provider. Also successfully defended these judgments on appeal to the Federal Circuit and convinced the District Court to enter sanctions against the patent owner and its counsel.
  • For a major manufacturer of GPS service and equipment, helped defeat efforts to use adjacent band spectrum in a way that would have caused interference to GPS and compromised the utility of the GPS service.
  • Long-term engagement as principal outside counsel for a Fortune 500 high-tech company in the direct negotiation of domestic real estate transactions and in supervising various local firms for the leasing and acquisition of over 5 million square feet of corporate facilities in the United States, Canada, Europe, and Asia. As with many of our corporate facility clients, we actively participate in all phases of this company’s acquisition transactions, from broker retention and deal structuring through the documentation and verification of completion of the construction process.
  • Managed a Safe Harbor certification program for a leading web-enabled energy demand-response management solutions provider, and coordinated registration with UK Data Protection Authority for UK subsidiary. Developed enterprise-wide information security program and conducted training of employees.
  • Managed the review and production of corporate documents for an antitrust class action case brought by approximately 20 defendants against one of the nation’s largest media companies involving the collection and review of more than 45 million pages of data.
  • Negotiated changes to local satellite regulations in countries around the world in order to allow new satellite services and access to previously closed markets.
  • Negotiating and structuring transactions in which building owners permit a significant portion of their portfolio to be wired by service providers in exchange for an equity interest in the service provider’s company.
  • Negotiating inside-wiring agreements for the Empire State Building, the General Motors Building, and significant REIT and pension-fund-held real estate portfolios.
  • Provide ongoing data privacy and security compliance advice to an interactive marketing and media company in the business of producing and distributing premium new age, metaphysical, and psychic entertainment services.
  • Ongoing privacy advice on global compliance with data privacy and bank secrecy laws to the leading independent analytics provider for derivatives and structured products, enabling the structuring, pre-trade pricing, valuation, and management of even the most complex deals.
  • Ongoing privacy compliance advice to a company providing educational software and services to over 3,700 educational institutions in more than 60 countries.
  • Represented a major data center operator in the acquisition, development, leasing, financing, refinancing, and eventual sale of several major data center properties over the past seven years.
  • Represented a public company in the technology sector, obtaining a positive resolution regarding suspension of the sale of its products in Massachusetts.
  • Represented a technology company in conducting FCPA due diligence for a proposed merger, with a specific focus on issues relating to a distributorship in China.
  • Represented American Technical Ceramics Corporation in its $231 million sale to AVX Corporation.
  • Represented an acquirer of telecommunications companies from Chapter 11 proceedings.
  • Represented both property owners and operators of fiber-optic networks in the leasing of fiber-optic cables, conduits, and related facilities and in the development of fiber-optic networks.
  • Represented dozens of individual tenants and colocation customers in the leasing of data center space and colocation space throughout the United States, including the negotiation of colocation agreements addressing their concerns.
  • Represented several large multisystem cable operators in defense of a class action lawsuit challenging the manner in which set-top converter boxes are made available to subscribers.
  • Represented the landlord in a lease of several hundred thousand square feet of data center space to a large data center / colocation company that in turn leased out smaller spaces to individual users and colocation customers. According to media reports, this is the largest data center lease ever negotiated in the United States.
  • Served as real estate counsel for telecommunications structures, inside wiring agreements, and in the leasing of switch facilities across the United States, including successfully petitioning local boards for approval to erect new freestanding telecommunications structures in suburban communities and to locate similar equipment on the roofs of buildings in urban areas; negotiating in excess of 500 million square feet of inside wiring agreements, enabling service providers and property owners to offer an array of communications services, including Internet access, to tenants on a nationwide basis; and representing landlords and tenants in negotiation of major leases of switch facilities.

Representative Clients

  • Acorns Grow
  • Active Network, LLC
  • Algebraix
  • AmberFin
  • Atex Media Solutions, Inc.
  • August Home, Inc.
  • BatchBook
  • Blackboard
  • Blueport Commerce
  • ChyronHego
  • Citizen VC
  • Conduce
  • Cylance Inc.
  • Dwell Connect
  • Edenred USA
  • EnerNOC
  • eTask Technologies, Ltd.
  • Extole, Inc.
  • Fair Isaac Corporation (FICO)
  • Founders Den
  • Gimbal Inc.
  • Greekrush.com
  • Hello, Inc.
  • HNW
  • Issuworks
  • Metric Gaming LLC
  • MIR3, Inc.
  • Mistral Mobile
  • NICE Systems, Inc.
  • Numerix
  • PlusAmp Inc.
  • SAP SE
  • SharesPost
  • SquareSpace
  • Time Inc.
  • Transaction Wireless
  • T-Rex
  • Triapodi
  • UQ, Inc.
  • ValueStream Labs
  • Virtify, Inc.
  • Visible World, Inc.
  • Vivastream
  • WeSpire

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