Technology & E-Commerce

Our Services

TECHNOLOGY LICENSING & PROCUREMENT

Baird Holm attorneys have deep experience and broad industry knowledge regarding technology acquisition, licensing, and in handling major technology transactions. Our long-standing representation of both vendors and customers gives us the perspective and skills to deliver real value and practical advice.

We can assist you in:

• Understanding the legal aspects of emerging technologies (e.g., cryptocurrency, blockchain, Internet of Things)
• Reviewing and negotiating contracts for technology
• Developing and executing negotiating strategies
• Developing contracts for the licensing and support of software
• Developing contracts for technology-related services
• Analyzing and structuring cloud computing transactions
• Advising on the use of term sheets

E-COMMERCE

We represent leading information service companies, technology companies, health care organizations, and insurance and financial firms in a wide array of issues involving the internet and e-commerce. We advise clients on electronic payments, data protection, regulatory issues, privacy and security matters and potential liability concerns.

We can assist you in:

• Understanding the legal and regulatory environment
• Structuring e-commerce transactions
• Understanding the payments and fintech industries and regulatory environments
• Auditing of online activities
• Developing privacy and security policies
• Creating binding electronic agreements
• Implementing an online presence

INTELLECTUAL PROPERTY

Our attorneys counsel clients in identifying all phases of intellectual property law, including the identification and protection of their valuable intellectual property assets. We conduct intellectual property audits, register copyrights, trademarks and service marks, patent prosecution, and assist clients in developing practical and enforceable trade secret protection. We assist clients ranging in size from individuals and sole proprietors to Fortune 500 companies.

Our attorneys also draft and assist clients in negotiating contracts that will ensure our clients’ continued ownership and protection of intellectual property assets, such as licensing agreements, work made for hire, assignment of invention, nondisclosure, and non-competition agreements.

PRIVACY & SECURITY

We have extensive experience in all aspects of privacy and security. Information is critical to business. However, as more information is created, processed, and stored, the attendant risks of misuse or inadvertent disclosure of such information increases.

Our lawyers have advised clients regarding all aspects of privacy and security, including:

• HIPAA – Health Insurance Portability and Accountability Act
• HITECH – Health Information Technology for Economic and Clinical Health Act
• GLB – Gramm-Leach-Bliley Act
• PCI Compliance
• COPPA – Children’s Online Privacy and Protection Act
• ECPA - Electronic Communications Privacy Act
• FCRA - The Fair Credit Reporting Act
• FERPA – The Family Educational Rights and Privacy Act
• FTC rules and regulations
• EU General Data Protection Regulations (GDPR)
• CFPB Requests for Information
• Privacy and Security Assessments
• Risk Assessments
• Security Policies and Procedures
• Privacy Policies and Procedures
• Regulatory Investigations (e.g., OIG Investigations)

HEALTH INFORMATION TECHNOLOGY

Through our representation of health systems, physician practices, clinics, health information exchanges and vendors, we have developed an extensive understanding of health information technology law. Our attorneys handle matters involving acquiring mission critical systems, reviewing and negotiating technology contracts, compliance with federal and state privacy and security laws, and health information disclosure, access, retention, and transmission.

DATA BREACHES/RAPID RESPONSE

Rapid response is crucial when there is a breach in privacy, data security, or the loss of sensitive information. Our rapid response team is available to assist clients in responding to such security or data breaches. Members of the team have experience in investigating potential breaches and engaging forensic experts under attorney-client privilege, when necessary. The rapid response team will assess the scope of the breach, determine controlling laws and regulations, advise regarding notification requirements and recommend strategies to reduce potential liability.

We have formed teams to quickly respond to emergencies arising from breaches of computer security systems. The emergency after-hours rapid response number is 402.231.8585.

The Rapid Response Computer Security Breach Team:

• James E. O’Connor 402.636.8332
• Vickie B. Ahlers 402.636.8230

CONSUMER PRIVACY OMBUDSMAN

The Bankruptcy Abuse Prevention and Consumer Protection Act changed how the bankruptcy process works in business cases. Under the Act, debtors have to ask the Court to appoint a Consumer Privacy Ombudsman before selling or leasing certain kinds of consumer information.

We have attorneys who practice in the intersection of bankruptcy and privacy and have experience in acting as a Consumer Privacy Ombudsman. 

RECORDS RETENTION

Our attorneys regularly assist clients with records retention and other corporate integrity issues. Our extensive experience with the laws related to records management, including those governing e-discovery, allows us to develop compliance polices for clients in addition to representing clients who require immediate assistance to comply with demands associated with investigations or discovery.

We communicate the most recent legal developments through our Technology and Intellectual Property Update, published as new developments arise.