Technology

Overview

We are dedicated to addressing the full spectrum of technology companies’ legal needs. Our technology lawyers’ deep experience includes complex corporate finance transactions (both equity and debt); corporate acquisitions and divestitures; all types of litigation brought and faced by technology companies; protecting intellectual property; and licensing, distribution, outsourcing, and similar transactions that directly and indirectly exploit our clients’ technology.

Technological advances are constant, rapid, and unrelenting. Companies in the technology industry face a wide variety of challenges, many of which are unique. To address these challenges effectively and efficiently, Carlton Fields employs an integrated team approach to help our clients develop, protect, and capitalize on their technology assets and to help them rapidly grow their businesses. In every stage of our technology clients’ life cycles, we render counsel with the goal of helping our clients succeed.

Blockchain and Digital Currency
Carlton Fields is at the forefront of identifying the numerous complex legal issues faced by today’s innovators. As the law in this area develops, Carlton Fields has taken a forward-looking approach to working with clients on blockchain-related issues, including those arising from the use of cryptocurrencies and smart contracts. Learn more about our capabilities in blockchain and digital currencies.
Esports and Electronic Gaming
Our team of technology lawyers stretches across practices and disciplines to provide innovative and tailored solutions to help our clients reach their legal and business goals. We combine our passion for technology and video games with our collective experience in key industries to deliver comprehensive legal services — both traditional and emerging. Learn about our capabilities in esports and electronic gaming.

Experience

Structured sophisticated equity and debt financing transactions involving venture capital funds, private equity groups, and banks.
Bought and sold companies and divisions through mergers, stock purchases, and asset purchases.
Structured complex joint venture transactions.
Enforced intellectual property rights through litigation, and defended against claims of intellectual property infringement.
Drafted and negotiated technology and content licensing agreements; customer, reseller, VAR, and OEM agreements; outsourcing and manufacturing agreements; technology transfer agreements; development and distribution agreements; source code escrow agreements; evaluation and beta test agreements; maintenance and support agreements; and equipment leases.
Advised with respect to cybersecurity, disaster preparedness, and data breaches.
Protected intellectual property rights including patents, trademarks, copyrights, and trade secrets.
Protected human capital through invention disclosure programs, noncompete, nonsolicit, and nondisclosure agreements; compensation and benefit plans; and comprehensive employee manuals, policies, and procedures.
Conducted website audits to assess terms of use and privacy statements and electronic contracts.

All Insights

Bitcoin is Speech: Notes Toward Developing the Conceptual Contours of Its Protection Under the First Amendment

November 22, 2019

CF on Cyber: Leveraging the Incident Response Guide to Prepare for the CCPA

November 7, 2019

In this program, Jack Clabby, Joe Swanson and Steve Blickensderfer give practical advice on the attorneys’ role in a data security incident response guide, which is a key document in preparing for California’s new data privacy law, the CCPA.

CF on Cyber: Key Takeaways from the California AG’s Proposed CCPA Regulations

October 15, 2019

The California AG recently published its long-awaited proposed regulations to implement the CCPA. This podcast describes a few key points from those draft regulations, including as they relate to online privacy notices, verifying consumer requests, and financial incentive offerings.

CF on Cyber & FICPA presents Refeathering the Pillow: Catching, Containing & Cleaning up Cyber Fraud

October 4, 2019

In this podcast, cybersecurity attorney Jack Clabby discusses safety and risk management in data loss incidents with Mia Thomas, CPA, CGMA, Director of Learning for the FICPA.

The Shared Economy

October 3, 2019

Before discussing how and whether the shared economy should be regulated, it is important to define the term. Simply, the shared economy is an economic model in which consumers grant each other access to their underutilized assets.

CF on Cyber: Cybersecurity and Privacy Due Diligence for Private Equity

July 25, 2019

In this podcast, cybersecurity attorneys Jack Clabby and Joe Swanson and M&A attorney Jackie Swigler offer their top five inquiries for cyber due diligence in this enhanced landscape.

2019 State Blockchain, Crypto, and Virtual Currency Legislation Tracker

July 24, 2019

A comprehensive list of newly proposed state legislation relating to cryptocurrencies and blockchains.

What to Do If the SEC Comes Knocking on Your Door

July 3, 2019

Justin and Michael discuss what may happen when you are served with a subpoena from the SEC, or get approached by the Department of Justice, and what steps you should take in response. In the second half of the discussion, Justin and Michael focus on some issues in the crypto space.

Supreme Court: Trademark Owner in Bankruptcy Can’t Cancel Its Trademark Licenses

June 12, 2019

Supreme Court Resolves Circuit Court Split: Copyright Registration Is a Prerequisite to a Copyright Infringement Suit

June 11, 2019

Supreme Court Upholds Ninth Circuit Decision: Antitrust Action Against Apple May Proceed

May 17, 2019

U.S. Supreme Court determined that iPhone users may proceed with antitrust claims over alleged anticompetitive app store practices.

CF on Cyber: GDPR Regulator Takes Narrow View of "Contract" Basis for Processing Data

April 26, 2019

Under the GDPR, businesses need to specify their basis for processing personal data, and the European Data Protection Board has recently released guidelines (2/2019) that take a narrow view of the "contract" basis under Article 6(1)(b). Join Mike Yaeger and Steve Blickensderfer as they discuss the guidelines and how they affect compliance for US businesses.

Be Prepared for the Next Wave of Biometric Data Laws: Five Tips for Businesses

April 4, 2019

Be Prepared for the Next Wave of Biometric Data Laws: Five Tips for Businesses

March 20, 2019

Advancements in technology have made it possible for more companies to use biometric data to streamline their business, improve security and workplace efficiency, and offer new services and features to customers.

CF on Cyber: Cybersecurity Due Diligence in M&A Deals Under the CCPA and GDPR

February 20, 2019

In this podcast, cybersecurity attorneys Jack Clabby and Joe Swanson and M&A attorney Jackie Swigler offer their top five inquiries for cyber due diligence in this enhanced landscape.

No Actual Harm Needed to Sue Under BIPA: Illinois Supreme Court Finds Statutory Violation Sufficient

January 30, 2019

In California, a New Era in U.S. Privacy

October 1, 2018

In June, California passed a sweeping new privacy law that will impact an estimated 500,000 businesses in the United States.

NAIC Summer National Meeting Spotlights Innovation and Insurtech

October 1, 2018

In response to the accelerating pace of change, the NAIC’s Summer National Meeting in Boston focused on innovation and insurtech.

NIST Provides Guide and Example Solution for IT Asset Management

October 1, 2018

On September 7, the National Cybersecurity Center of Excellence (NCCoE) and the National Institute of Standards and Technology (NIST) published Special Publication 1800-5 – IT Asset Management Practice Guide (the Guide) to help financial services companies tackle challenges in managing both the hardware and software components of their information technology assets.

SEC: Ether and Bitcoin Are Not Securities

October 1, 2018

Cryptocurrency investors were concerned following the SEC’s July 2017 investigative report on digital token sales by a virtual organization known as “The DAO.”

Is Cryptocurrency Money? Depends on Your State

August 29, 2018

Is cryptocurrency money? In America, the question is largely decided by the regulators charged with overseeing their state's money transmitter rules.

California Passes Stringent Privacy Law Akin to GDPR

July 9, 2018

California passed a sweeping new privacy law similar to the EU’s GDPR. This article, which is relevant to all businesses that handle the personal information of California consumers, discusses rights and obligations under the new law, its scope, and the consequences of noncompliance.

Supreme Court to Resolve Copyright Registration Circuit Split

July 2, 2018

The U.S. Supreme Court agreed to hear a case that should resolve the longstanding question surrounding what is required for a plaintiff to bring a copyright infringement claim. This article discusses the different approaches taken by the circuits and the reasons why the Supreme Court’s decision will be important.

Practical Considerations in Electronic Discovery

July 1, 2018

Electronic discovery in litigation can be confusing and intimidating. This article is intended to provide a brief primer on the basics of electronic discovery and some practical considerations for addressing electronic-discovery related projects and issues.

Supreme Court Rules Government Must Obtain Search Warrant for Mobile Phone Location Data

June 22, 2018

The U.S. Supreme Court ruled that the government cannot generally obtain mobile phone location data absent a warrant. This article discusses the decision, which ends years of uncertainty.

SEC Issues Cybersecurity Disclosure Guidance

March 31, 2018

On February 21, the SEC published interpretive "Guidance" to help public operating companies prepare disclosures about cybersecurity risks and incidents.

SEC Sidelines Funds Focused on Cryptocurrencies

March 31, 2018

In a January 18 letter to two of the fund industry’s leading advocacy groups, the staff of the SEC’s Division of Investment Management advised fund sponsors not to initiate registration of funds that intend to invest substantially in cryptocurrency and related products until the staff’s questions, which the letter identified, are satisfactorily addressed.

Supreme Court Denies Insurer’s Petition to Review Standing in Data Breach Class Actions

March 31, 2018

In recent years, the insurance and financial services industries have been targets of high profile data breaches.

When Innovation Meets Regulation: InsurTech and State Licensing Laws

March 31, 2018

The rise of InsurTech — which brings technological innovations to the business of insurance — is having a significant impact on the insurance industry, including through advancements in cybersecurity tools, the introduction of blockchain, and the use of big data for underwriting and claims.

Recent Developments in Securities Class Actions and Companies' Disclosure Obligations Regarding Cybersecurity Risks and Events

March 8, 2018

Some recent events may encourage shareholder attorneys to pursue securities fraud class actions after disclosure of a cyber incident leads to a drop in the stock price.

Beyond the European Union: How the GDPR Affects US Companies

February 19, 2018

The effective date of the European Union’s General Data Protection Regulation (GDPR) will affect many organizations across the globe, even those not located in the EU.

If Your Employment Agreements Use This One Word, Ownership of Your Patents May Be in Jeopardy

January 23, 2018

Learn how certain words in an assignment — like “will” or “agrees to” — can inadvertently nullify immediate invention transfers.

Need a Lyft? Ambulances Aren't the Only Form of Medical Transport

January 18, 2018

Non-emergency medical transportation presents its own set of unique legal and regulatory issues.

Major Disruption in the Use of Technology and Trademarks in the Insurance Industry

December 29, 2017

A major study recently emerged regarding insurance industry brands.

The Ghosts of Christmas Past, Present, and Future Haunt Insurers’ Use of Big Data and Algorithmic Tools

December 29, 2017

Watching as legislators, regulators, and policymakers’ consider what changes, if any, are necessary for insurers’ use of big data and algorithmic tools, is like being visited by the Ghosts of Christmas Past, Present, and Future.

When Innovation Meets Regulation

December 29, 2017

The rise of InsurTech — which brings technological innovations to the business of insurance — has recently had a significant impact on the insurance industry, including through advancements in cybersecurity tools, the introduction of blockchain, and the use of big data for underwriting and claims.

Bitcoin And Taxes: If Not HODLing, Consider Donating

December 19, 2017

A mantra among cryptocurrency investors is “HODL.” The phrase originated in a December 2013 post on the Bitcoin Forum message board by an admittedly less-than-sober investor attempting to announce his plans to “hold” on to his Bitcoin in the wake of a 25% drop in market price. At the time of his misspelled posting the price of per bitcoin was around $400.