Technology & Data

Lawyers adept at complex, real-world technology transactions, we understand the legal risks and business needs involved in commercialization of technology and data. Our team offers strategic solutions for creation, acquisition, use, protection and distribution of high-value intangible assets including patents, software, copyrights and trade secrets.

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Steven Helland

Email: shelland@fredlaw.com
Office: 612.492.7113

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What We Do

Practicing at the intersections of business, IP and innovation, our technology and data attorneys offer clients a rare combination of subject matter depth, practical know-how and transaction expertise. We work closely with founders, developers, investors and C-suite business leaders in sectors including healthcare, life sciences, energy, agriculture, advertising and media, and IT. As a result, we have a broad experience—and a deep understanding—of:

Technology Development and Licensing

We understand the technology industry. We serve as lead counsel for the launch of new technology products and services, and we frequently represent buyers of complex technology and data products and services. We draft and negotiate software and website development, SaaS, cloud computing, hosting, app development, data sharing and related agreements. We have in-house experience at corporations supporting the IT and IP licensing procurement functions.

IP Commercialization and Monetization

We assist clients with commercialization of sophisticated and complex intellectual property rights that may be protected as patents, copyrights or trade secrets. We support innovators and investors as they research, conduct trials, develop, license and distribute proprietary products and services. We assist in negotiation and documentation of partnering arrangements with universities, distributors, resellers, licensees and licensors, and other strategic partners. We also know monetization and commercialization market trends and contracting best practices to maximize value and minimize hassles. We routinely conduct IP, IT and data privacy diligence in all kinds of corporate transactions. Where technology or IP is a major driver in transaction value, we play a key role in negotiating and documenting M&A and investment transactions.

Privacy of Consumer Data and Personal Information

We partner with clients to anticipate and address business issues arising from the ever-changing local, national and international legal and regulatory landscape relating to privacy of personal data. Our services include development of compliance programs, training, audits, assessments and incident responses, as well as privacy diligence arising in M&A activity.

Cybersecurity Compliance Program and Incident Response Management

We assist clients with cybersecurity compliance programs, including contractual risk allocation and vendor risk assessments, training, table top exercises, and help with rapid analysis of potential obligations in multi-state cybersecurity incidents.

Data as an Asset Including Data Ownership, AI and Machine Learning

Data as an asset requires an understanding of IP, contract, privacy laws and the nuances of business practices across industries. Our cross functional team helps clients maximize the value of data as an asset and to navigate the acquisition, use and commercialization of complex data assets, including AI, machine learning and IoT data.

Our experience, creativity and can-do perspective drives our collaboration with clients. We identify, evaluate, commercialize and protect technology and data to deliver insight and guidance regarding related risks and responsibilities.

Experience

REPRESENTATIVE EXPERIENCE

Technology Development and Licensing

License preparation and review for software, website development, SaaS, software as a service, cloud computing, hosting, mobile apps, and subscription-based content and tools
Development and support agreements
Outsourcing transactions
Open source compliance
Import/export issues
Government rights
Consulting and professional services agreements
Distribution models: reseller; OEM; distribution agreements; online sale
Mission-critical technology agreements including ERP (Enterprise Resource Planning), CRM (Customer Relationship Management), and EMR (Electronic Medical Record) agreements

IP Commercialization and Monetization

M&A support including IP portfolio assessment, diligence, risk allocation
Outside general counsel for emerging technology companies
Patent licensing
IP litigation settlement licensing
Joint development agreements
Material transfer agreements
Clinical trial and CRO agreements
University licensing, government funded research
Manufacturing, supply and quality agreements
Inbound and outbound technology licenses
Acquisition options paired with ROFNs, license options and related structures

Privacy of Consumer Data and Personal Information

Cybersecurity and privacy counseling and assessments
Industry-specific data compliance programs
Vendor contracting and management
Data breach planning and response
Privacy litigation and regulatory investigations
Cybersecurity and privacy diligence for mergers and acquisitions
Data governance policies and training
Regulatory guidance and investigations: HIPPA, California Consumer Privacy Act (CCPA), EU’s GDPR
Vendor management including cyber (buyer/user side): BPO outsourcing

Data as an Asset Including Data Ownership, AI and Machine Learning

Data acquisition contracting including licensure
Data sharing agreements
Clinical trial agreements
Artificial intelligence and machine learning data use and protocols for health care, IoT, private equity and agriculture
Trademark and trade secret guidance

Internet, E-commerce and Digital Media

Website agreements
Email and internet use policies
Digital and social media marketing
Federal Trade Commission (FTC), Food and Drug Administration (FDA) and state attorneys general investigations
Marketing and sales practices
Mobile marketing and text messaging
Social media issues
Website accessibility

News & Articles

SEC Proposes New Cybersecurity Risk Management Rules for Advisers and Funds

February 18, 2022

By: Megan A. Bowman

Last week, the Securities and Exchange Commission (SEC) voted to propose new rules applicable to registered investment advisers and investment companies.

Technology & Data

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