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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.
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:
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.
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.
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.
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 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.
March 17, 2021
Beyond coronavirus-related provisions, the Consolidated Appropriations Act, which was signed into law on December 27, 2020, contains significant changes to trademark and copyright laws.
March 16, 2021
By Sten-Erik Hoidal and Megan A. Bowman
On March 2, 2021, Virginia Governor Ralph Northam signed into law the Consumer Data Protection Act. In doing so, Virginia became the second state to enact a comprehensive consumer privacy law.
March 10, 2021
Fredrikson & Byron acted as legal counsel to Stone Arch in connection with its sale to Fishawack Health.
February 24, 2021
On February 22, 2021, Representative Steve Elkins introduced a major new privacy bill (HF 1492) in the Minnesota House of Representatives containing significant privacy obligations for businesses to which it applies.
February 5, 2021
By Erin M. Edgerton, Melissa R. Hodge and Penny S. Oleson
As the COVID-19 pandemic rages on, employers are forced to cope with established employee privacy laws in novel contexts. This article outlines some of the difficult employee privacy questions law firms and other legal employers may be facing.
February 5, 2021
On February 10, 2021, Steve Helland will chair the panel “The Nature of the Security Threat – Trends and Developments in 2021 – And Lessons Learned” at the 2021 Midwest Legal Conference on Data Privacy & Security.
February 5, 2021
Robinhood Markets, Inc., owner of the now infamous Robinhood stock-trading app, has been sued in a federal class action lawsuit for alleged disability discrimination.
July 20, 2020
The European Union’s sweeping privacy law, the General Data Protection Regulation, prohibits transfers of personal data to the United States unless the company transferring the data has provided legally-appropriate safeguards. One mechanism that many companies—over 5,000 in total—have relied upon to safeguard such transfers is the EU-U.S. Privacy Shield framework. That safeguard is no longer valid.
July 1, 2020
Grant D. Fairbairn, Lora Friedemann, Thomas R. Hipkins, Ann M. Ladd, Kurt J. Niederluecke, Charles D. Segelbaum and David C. West were featured in the 2020 edition of the IAM Patent 1000: The World’s Leading Patent Professionals.
June 5, 2020
By Sten-Erik Hoidal and Megan A. Bowman
Do I need to worry about employee privacy if I implement health screenings, contact tracing or similar protective measures when my employees return to work?
May 20, 2020
By Sten-Erik Hoidal and Nadja Baer
What should companies do to mitigate the security risks of a remote workforce?
April 6, 2020
On April 9, 2020, Steve Helland will present a webinar on website accessibility and ADA compliance for the Health Care Compliance Association.
October 21, 2019
On November 5, 2019, Fredrikson & Byron is hosting MIMA’s workshop on the business and legal need for creating accessible websites, apps and other digital tech.
September 24, 2019
Government contractors, are the websites and deliverables you provide to government clients accessible?
January 9, 2019
In December 2018, the National Federation of the Blind (NFB) sued Epic Systems, a provider of one of the most widely-used electronic medical record systems in the country.
January 9, 2019
Find out what are top Minnesota GCs thinking about when it comes to data privacy & security.
October 12, 2018
The first known website accessibility ADA case has been filed by a Minnesota plaintiff in a Minnesota court. What steps can you take to reduce your risk of getting sued?
August 22, 2018
Get hands on experience with accessible technology tools and learn practical tips and best practices for improving the accessibility of your website or app.
July 20, 2018
Sacha Baron Cohen just premiered his latest television work, “Who Is America?”
July 11, 2018
Y Combinator, the remarkable incubator, is for the first time adding a life-science track.
July 3, 2018
On June 28, California enacted a sweeping new privacy law that will have significant implications for companies across the country.
April 25, 2018
Federal Judge James P. Jones handed website owners, operators and developers a major win in April 2018 in dismissing the website accessibility/Americans with Disabilities Act (ADA) case brought by blind plaintiff Keith Carroll.
April 10, 2018
By Asmah Tareen
If you sell a nicotine product and strongly deny that you market to children under age 18, you probably should not make your product look exactly like a popular children’s juice box.
March 23, 2018
Buying a non-accessible website may buy you a class action lawsuit.
March 9, 2018
On February 21, the SEC adopted new interpretive guidance (the Guidance) to assist public companies in preparing disclosures about cybersecurity risks and incidents.
January 18, 2018
In a shift from previous tactics, blind plaintiff Juan Carlos Gil sued the underlying platform provider and website developer in his website accessibility/Americans with Disabilities Act (ADA) lawsuit, in addition to the specific business promoted by a particular website.
November 10, 2017
For companies that take substantial steps to improve accessibility the defense of “mootness” is having some success.
October 25, 2017
Under the Digital Millennium Copyright Act (DMCA), service providers can obtain safe harbor protection from copyright infringement liability by, among other things, designating an agent to receive notifications of claimed infringement with the U.S. Copyright Office.
July 17, 2017
New cybersecurity regulations impacting broker-dealers and investment advisers in Colorado went into effect over the weekend.
June 19, 2017
Instagram will soon launch a new tool to help its internet celebrities, or “influencers,” disclose when they are being paid by sponsors.
June 7, 2017
Silence can be devastating when it comes to intellectual property rights.
May 10, 2017
With cyber intrusions becoming more common and sophisticated, the New York State Department of Financial Services has implemented a new regulation to combat these ever-increasing dangers.
May 9, 2017
By Ann M. Ladd
The Federal Trade Commission has created a new online resource designed to give small businesses practical guidance on avoiding cyber risks and online scams.
March 27, 2017
On March 22, 2017, the Supreme Court handed down its decision in the Star Athletica v. Varsity Brands case. The dispute turned on the issue of whether the patterns of cheerleading uniforms, including chevrons and stripes, are protected under copyright law.
February 3, 2017
By Ann M. Ladd
Like it or not, ransomware is happening, and will continue to happen with increasing frequency. In fact, a recent survey indicates that 93 percent of phishing emails contain ransomware.
January 25, 2017
Join attorney Steve Helland as he presents “Website Accessibility Litigation Explosion: Practical Tips from Legal and IT” at the 3rd Annual Corporate Counsel Institute on Friday, February 10, 2017.
January 25, 2017
On Jan. 18, 2017, the U.S. Supreme Court heard oral argument in Lee v. Tam to decide whether the Trademark Act’s prohibition on registering “disparaging” marks violates the First Amendment.
January 18, 2017
The sharp rise of website accessibility litigation and demands that impacted retail, fast-food, financial organizations, banks and education sectors in 2015 and 2016 has expanded to target the healthcare industry, including: hospitals, clinics, health insurance as well as related providers such as drug stores and optical stores.
January 14, 2017
By Ann M. Ladd
Do you give vendors access to your networks and systems? Use a third party to host your website, records, or an app? Use cloud-based services to store or process personal or confidential information? If so, a third party likely has access to personal data about your customers, employees, or other valuable company information. Moreover, they may have sent your information further downstream to their own service providers. Using state of the art cybersecurity controls in your IT systems will not minimize your risks of a data breach if you don’t also consider protections for your data in the hands of third parties. Do you know where your data is right now?
January 13, 2017
By Ann M. Ladd
Given the increasing frequency of cybersecurity incidents, and the growing impact of those incidents on business operations, reputation and assets, a board of directors’ oversight activities should include ensuring the adequacy of a company’s cybersecurity measures. The issues are complicated, and there are no simple solutions. But there are things Boards and management can do to begin to quantify and mitigate the risks.
December 5, 2016
By Robert M. Oberlies & Jessie Lu
On November 7, 2016, China’s Standing Committee of the National People’s Congress adopted the Cybersecurity Law of the People’s Republic of China (Cybersecurity Law). The Cybersecurity Law will take effect on June 1, 2017.
October 8, 2015
The Court of Justice of the European Union effectively invalidated the E.U. – U.S. “Safe Harbor” program in a decision released on Tuesday.
March 10, 2015
It’s an unfortunate fact of modern life—hacks happen. And they will continue to happen. For companies, the risks cybersecurity incidents pose to both business and brand cannot be underestimated. Given the sharp increase in such incidents during 2014—up at least 50 percent, with some experts estimating as many as 42.8 million incidents—there is a growing expectation that companies have the right tools in place to respond effectively.
