When disputes arise from technology transactions, our technology lawyers quickly mobilize to provide advice and advocacy that, in many cases, resolves the dispute through negotiation or mediation, often preserving the working relationship between the parties. In addition, we have extensive experience litigating those disputes in court and before arbitration panels. That experience includes addressing issues such as material breach, termination rights, limitations on liability, the failure of essential purpose doctrine, allocation and scope of intellectual property rights, licenses and copyright protection, responsibility for defining and implementing customer requirements, conditions precedent to continued performance, modification and waiver through course of performance, software testing and acceptance procedures, definition of scope of services, notice of breach, and opportunity to cure.
For each matter, our litigation team includes a technology transactions lawyer because understanding the context of the contract, the technology, and industry practices allows litigators to develop more insightful—and, thus, more successful— analyses and arguments in resolving disputes.
For each matter, our litigators work with a transactional colleague to develop the most insightful argument to resolve the dispute.