Information Technology and Computer Law

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, software developers/vendors, and technology consulting firms facing litigation or needing business counseling regarding intellectual property, licensing, computer software and hardware, and other technology 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 security and computer fraud and abuse claims, and we counsel website and content providers regarding a variety of legal issues. We represent both vendors and customers in disputes over the failed implementation of sophisticated back office business software.

The firm’s clients involved in technology-related disputes receive knowledgeable advice and zealous representation from experienced lawyers. Rogers & Hardin technology litigators work with clients in and out of court and have experience in many forums throughout the country.

Our industry knowledge and broad legal 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 and help them structure license agreements and other arrangements to preserve their rights and best avoid potential disputes.

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 ERP 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 are pending.

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.