Technology Law

The Taylor Porter technology law team represents various technology companies and clients in pertinent legal issues, including intellectual property, IP licensing, patent, copyright, trademark, technology transfer, commercial law, and staying abreast of emerging industry practices. We draft and negotiate contracts between owners and vendors for clients across various industries, including education, health care and energy, and as it relates to the creation, installation and maintenance of hardware and software, and providing related professional services, including financed leases. Clauses often negotiated include standard of care, warranty/unintended use, limitation of liability, indemnity, insurance requirements, changes in scope of work, borrowed employees, statutory employer, and rights of offset.

Our attorneys conduct diligence investigations and negotiate terms regarding IP ownership and technology, including internal IP audits, mergers and acquisitions, and public offerings. Our firm has registered patent attorneys, and we understand the value of a business’s intellectual property, therefore we approach the law from the point of view of protecting and advancing client business interests, rather than focusing on intellectual property. Our patent law representation includes the likes of chemical patent prosecution, biotech patent prosecution, patent licensing, university technology transfer, and related matters.

Taylor Porter also specializes in health information technology issues, including health information sharing, and the rules and regulations of software, licensing, and technology issues. We stay abreast of any data breach stories, and rules and regulations, and help clients understand these issues and prepare themselves to take proactive measures in medical records, e-health issues and HIPAA privacy and security to protect the information of their patients.

We assist clients in-house with eDiscovery, Relativity, and litigation and trial support. Our Certified eDiscovery Specialist (CEDS) and Certified Litigation Support Project Manager works with attorneys and our clients to understand the latest technological developments and current trends around electronic discovery, especially the best and most efficient ways to deliver those services for clients. eDiscovery is electronic discovery that includes, but not limited to, emails, electronic documents, databases, and mobile devices relating to a production request in litigation. Litigation Support assists attorneys and clients in managing the electronically stored information (ESI) in litigation matters. Having someone familiar with the legal process, technical knowledge, and document management systems is crucial to conducting efficient discovery in any litigation.

Representative Experience

• Prosecuting and licensing patent applications and patents for corporate and state clients.
• Prosecuting and defending copyright infringement cases and unfair trade practices cases
• Prosecuting and defending patent infringement cases.
• Negotiating Internet agreements for development, licensing and linking, and litigating domain name disputes, metatag abuse and “cybersquatters.”
• Representing Louisiana Health Care Quality Forum in information technology and intellectual property law issues associated with establishment and licensing of Louisiana Health Information Exchange (LAHIE).
• Serving as lead counsel for State of Louisiana in trademark opposition proceedings before the Trademark Trial and Appellate Board.
• Representing both licensors and licensees in various software license agreements.
• Serving as lead counsel in trademark/cybersquatting case widely reported in the New York Times, Washington Post, MSNBC, The National Law Journal, and various Internet media.
• Registration of federal trademarks with the United States Patent & Trademark Office and copyright registrations with the United States Copyright Office for various works including computer source codes and user manuals, music and sound recordings, books, newspapers, screenplays, and architectural works.
• Representing state-designated recipient of Office of National Coordinator (ONC) grant to establish statewide Health Information Exchange (HIE) in all aspects of start-up operations, including:
  • Procuring HIE software platform, including drafting and negotiation of Software as a Service (SaaS) Agreement.
  • Advising and counseling on HIPAA compliance and other complex –and frequently conflicting –data privacy issues.
  • Drafting and negotiating contracts with hospitals, physician groups and other health care providers to participate in the HIE.
  • Procuring data analytics software under SaaS Agreement.
  • Advising and counseling to client and interaction with client’s stakeholders (hospital association, medical society, state government, etc.) regarding cutting-edge legal, regulatory and operations issues raised by HIE.
• Representing large private, not-for-profit hospital system in drafting and negotiating multiple SaaS agreements to meet a variety of software needs and functions.
• Representing multiple software development companies and information technology vendors in securing protection of intellectual property through copyright registrations, federal trademark registrations, confidentiality and non-disclosure agreements, and software development, licensing, and support agreements.
• Assisting multiple clients in designing and implementing security protocols designed to secure and protect confidential data and personal information.