As the power, versatility and complexity of computer systems and applications have grown, so have the legal issues and problems associated with them.
Our attorneys understand the special vocabulary and functional interrelationships of computer hardware and software and cyberspace. We regularly put that understanding to work for the benefit of our clients.
We advise our clients regarding:
- dispute resolution and litigation
- purchase and licensing of computer hardware and software
- newly-developing application service provider arrangements
- protection of confidential and proprietary technology
At Montgomery McCracken, our lawyers 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. We regularly serve as arbitrators and mediators in disputes involving computer hardware and software.
Representative clients include:
- Microsoft Corporation
- Accenture LLP (formerly Andersen Consulting LLP)
- numerous corporations of all sizes
In recent years we have achieved significant victories for our computer and information technology clients. Representative engagements include:
- a major software corporation 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, allegedly damaging 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 corporation in connection with the enforcement of forum selection provisions in its user agreements;
- a major software corporation in connection with class action litigation pending in antitrust cases against it throughout the United States;
- a major software corporation in federal copyright and trademark infringement lawsuits against computer resellers; and
- 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.
At Montgomery McCracken, we have kept pace in this ever-changing industry and stand ready with the knowledge and experience to counsel a variety of companies in their technology matters.