Information Technology

  • Atlanta is home to numerous leading technology companies and Rogers & Hardin is proud to assist many of them in addition to assisting leading national companies
  • Our attorneys have decades of experience in supporting technology companies with their capital formation, asset protection and dispute resolution needs
  • Our depth of experience in analyzing and litigating—on both the vendor/ implementer and the customer side—is invaluable in efficiently resolving complex cases involving data management, software and hardware functionality and suitability issues as well as in disputes over project management
  • Rogers & Hardin lawyers have substantial experience litigating disputes arising between licensors and their licensees regarding technology, software, and data products and services, as well as the myriad of intellectual property issues raised in such disputes
  • Our lawyers also advise technology clients on a wide range of data management and cybersecurity issues, from drafting compliant privacy policies to discrete investigations following a breach
  • We counsel clients on how to avoid disputes through sophisticated licensing arrangements, identifying the most effective means to protect data and intellectual property in order to maximize the return on such assets.

Helping Emerging Companies Grow

Rogers & Hardin provides young tech companies with the legal support they need to get their companies off the ground and growing. Speed of execution and the ability to dynamically evolve are often keys to a young company’s success. Our firm’s service delivery model is particularly well-suited to supporting these requirements. 
 
An experienced lawyer takes a hands-on role with each client, eliminating the bottlenecks and expense of layered staffing. Less time waiting for call backs gives clients more time to spend with their businesses. Because our attorneys have counseled numerous private and young public companies, assisting them with virtually all of the support needed to grow their businesses, we bring experience that helps clients anticipate and evolve efficiently. 
 
We help entrepreneurs form new entities, raise capital (through debt or equity), manage growing work forces, resolve employee and ownership disputes and provide guidance on tax strategies. As businesses grow, we assist clients with all types of transactions such as partnership & licensing agreements, mergers & acquisitions, recapitalizations, IPOs, and potential spin-outs or other exit strategies. Our collaborative structure lets clients tap into new service areas as they are needed, providing ready access to advanced legal services as they grow. Clients benefit from having a legal counselor that is not readily outgrown.

Strength in Computer Law and IT Litigation

Information technology disputes and computer litigation involve complex issues that are often unlike other areas of the law. Rogers & Hardin technology litigators are ideal resources for technology companies, hardware or software developers/ vendors, and technology consulting firms facing litigation or needing business counseling regarding intellectual property, licensing, computer software and hardware, wireless and mobile app, data privacy and cybersecurity issues.

Among the many services we provide, Rogers & Hardin handles the prosecution and defense of intellectual property rights of its technology-focused clients, including disputes relating to copyright, trademark, theft of trade secrets, and enforcement of the terms of software and technology license agreements. We handle cases involving data privacy and security as well as computer fraud and abuse claims, and we counsel website and content providers regarding a variety of legal issues. Our attorneys have extensive experience resolving enterprise software disputes and we represent both vendors and customers in disputes over the failed implementation of these sophisticated back office business systems.

Our industry knowledge combined with our broad legal and regulatory experience allow us to efficiently manage and resolve disputes on behalf of suppliers and customers in the IT field. Our familiarity with the business and legal demands in the industry helps us identify critical areas of dispute between parties to technology agreements and allows us to efficiently resolve conflict through negotiation, mediation, or formal dispute resolution processes, as needed.

Clients also frequently seek our advice before litigation arises. We advise and counsel clients on preserving and safeguarding their intellectual property, protecting and securing their data, and helping them structure license agreements and other arrangements to preserve their rights and best avoid potential disputes.

Software and Hardware Product Litigation

Our team is experienced in analyzing and litigating—on both the defense and plaintiff side—cases involving software and hardware functionality and suitability issues in the information technology and software industries. Legal disputes arising out of failed enterprise software & system implementations raise special challenges, both technical and legal. Emotions generally run high and hundreds of millions of dollars and the customer’s business can be at stake. Cases often involve fact-intensive claims of fraud, unfair trade practices, negligence, and breach of contract and issues as to the allocation of project risk both during contract negotiation and over the lifetime of the project. It is critical to have counsel already familiar with the development and testing cycles for sophisticated business software and with how such products are marketed and licensed. Counsel must be familiar with the differences between sound and unsound project management and implementation practices, and should be able to quickly identify from a massive multi-year record the issues that led to project failure.

Some examples of the matters that Rogers & Hardin’s technology lawyers have handled include:

  • R&H defended a world-wide business software vendor against a customer claim related to an alleged failed ERP implementation, where the customer was seeking in excess of $68 million in damages. We obtained dismissal of all claims against our client on summary judgment, with the dismissals upheld in all respects on appeal.
  • We successfully obtained dismissal of claims against a major business software vendor based on the novel interplay of choice of law and venue provisions in multiple agreements. The dismissals were affirmed on appeal.
  • We defended a technology client in the travel industry against a seven-figure arbitration demand based on alleged breaches of the client’s agreements with a customer. We obtained an award in the client’s favor after an arbitration hearing.
  • We reached a favorable settlement with a technology client’s former customer where the customer refused to pay on a substantial account for products and services, claiming the products were not suitable for the customer’s purposes.
  • We successfully prosecuted claims for a technology company to prevent wrongful termination of a client contract, and thereby preserved for our client a seven-figure annual income stream.
  • We obtained a seven-figure arbitration award on behalf of a technology client in the travel industry after a hearing on the merits.
  • We prosecuted seven figure infringement and license compliance claims against a business software customer for non-compliant use of ERP software. The matter settled on favorable terms while motions for summary judgment were pending.

Software and Data Licensing Disputes

Our lawyers have substantial experience litigating disputes arising between licensors and their licensees regarding technology, software, and data products and services. The complex overlap between intellectual property rights and contract/licensing law can require a unique range of experience. We bring a pragmatic approach to analyzing the legal issues arising out of the current use of our client’s intellectual property and help resolve such disputes by a wide variety of cost-effective techniques ranging from early business intervention and alternative dispute resolution to merits litigation.

Some examples of our software and data licensing work:

  • We have successfully prosecuted infringement and license compliance claims against our client’s business software customer based on non-compliant use of business software.
  • We advised a software client regarding the interplay of bankruptcy and intellectual property rights and successfully negotiated a settlement after the client discovered the unlicensed use of its software product by an entity that claimed to have obtained rights to the software from a bankrupt licensee.
  • We have successfully prosecuted lawsuits where businesses used our client’s intellectual property after claiming to have received rights as the result of a merger or change of ownership involving the client’s licensee.

Data Privacy & Cybersecurity

Data is often the life blood of technology companies.  While maintaining data privacy and security is of paramount importance to every company, it is of special importance to technology companies.  A single data breach, be it of customer,  client, vendor, partner or other confidential or proprietary records, can have debilitating consequences for any company, but it can be especially damaging to a young or rapidly growing company.

Our team of experienced lawyers includes attorneys who are skilled in government, private and corporate investigations.  Their expertise in sensitive and high-stakes matters enables them to assist with confidential risk assessments before a breach occurs, or to conduct efficient and discrete post mortems following a breach should one occur.  

Working with our attorneys, we help clients:

  • Assess the relevant governmental statutes in order to have a fully compliant privacy policy
  • Audit existing data practices to spot non-compliance and avoid fines or breaches
  • Advise companies on their data and security risks, obligations and liabilities in contracts or with proposed third-party vendor agreements
  • Respond to government inquiries or wiretap requests
  • Representation in regulatory enforcement actions or investigations.

Additional information on the Firm's data privacy and cybersecurity capabilities can be found here.