Montgomery McCracken’s Technology Industry Group provides counsel on the legal issues that continue to evolve as the power, versatility and complexity of technology grows.

Our attorneys continuously keep pace with legal developments in this ever-changing industry and frequently counsel, teach and publish on cutting-edge issues. We also actively participate in industry organizations to gain the knowledge and experience required to address the needs of large and small technology companies.

computer and information technology

Our Computer and Information Technology attorneys understand the consequences that the failure of a computer system, software, or data center to function as intended or expected can have upon both vendor and customer. We know the importance of clearly established contract terms in all such transactions – particularly delivery and payment terms and acceptance and performance criteria. Attorneys of the firm regularly serve as arbitrators and mediators in disputes involving computer hardware and software.


Our E-Commerce attorneys provide advice on the many new and novel legal issues presented in an ever evolving E-Commerce economy, and we are fully prepared to pursue or defend litigation in these areas.

We counsel clients regarding:

  • Dispute resolution and litigation
  • Purchasing and licensing computer hardware and software
  • Application service provider arrangements and software as a service
  • Protecting confidential and proprietary technology and intellectual property
  • Registering domain names and advising on domain name disputes
  • Free speech, fair use and defamation issues
  • Linking and access questions
  • Privacy issues
  • False advertising claims
  • Drafting Terms of Use and Privacy Terms


Computer and Information Technology
  • A major software company in defense of a federal injunction action brought against it by AT&T in New Jersey federal court, involving AT&T’s rights of access to future versions of one of our client’s key products
  • A major international technology consulting firm in an action brought against it by a national PC distributor involving claims that our client failed properly to advise a client on a new technology strategy which allegedly damaged the distributor in an amount in excess of $800 million
  • One of the world’s largest financial institutions in a lawsuit against the vendor of one of its core banking software applications when the vendor was unable to make the software perform as warranted
  • A major software company in connection with the enforcement of forum selection provisions in its user agreements
  • A major software company in connection with class action litigation pending in antitrust cases against it throughout the United States
  • A major software company in federal copyright and trademark infringement lawsuits against computer resellers
  • A mid-sized software development firm against claims by a state government that a portfolio management and investment accounting software system licensed from our client lacked allegedly promised functionalities
  • A major online media company in a defamation lawsuit
  • A major company in resolving a domain name dispute as their competitor had registered confusingly similar URLs
  • A number of companies on privacy regulations regarding data gathering, handling, processing and storage
  • Numerous clients in preparing customized Terms of Service/Privacy Policies
  • Multiple clients with advice in connection with data breaches about mitigation, notification and litigation issues
  • Various clients that were hacked/phished in advice around obtaining compensation
  • Various companies victimized by anonymous “cybersmears”– online messages posted using pseudonyms that defamed a company and executives

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