Computer Law

Law Offices of Jeff Smith

Computer & Internet Law

Many computer law issues are similar to those faced in any business situation. Other issues are unique, or require an understanding of the technology involved. Sometimes it's helpful to have a lawyer who knows the difference between bits, bytes, baud rates, and bandwidth. Jeff Smith's background includes the following:

Studied logic, statistical analysis, and programming at Northwestern University
Worked with online services, BBSs since 1979
Personal computer user (Mac, DOS, Windows) since 1984
Hands-on experience in database design, computer graphics, digital audio
Former Board member & newsletter editor for 1000-member user group

Computer-related issues Jeff Smith has handled in recent years include the following:

Tech Issues for Non-Tech Businesses

advised retailer on point-of-purchase and inventory control hardware and software system
negotiated computer system sales and service contract
analyzed extent to which client's web site subjected it to out-of-state jurisdiction
represented purchaser of dysfunctional mainframe system
analyzed rights and legal options where third party's domain name competed with company's trade name
advised company how to deal with disgruntled programmer/consultant who threatened to leave "time bomb" in computer system

Computer and High-Tech Businesses

advised startups on forms of business (sole proprietorships, partnerships, corporations [both subchapter S and C], limited liability companies), including tax consequences
drafted pre-incorporation shareholder agreements
negotiated database development contracts
advised on options for equipment purchase/lease/lease-back
drafted and negotiated software licensing agreements
drafted and negotiated employment, stock option, and nondisclosure agreements
copyrighted computer programs
drafted and advised on severance, confidentiality, and non-compete agreements
trademark advice and registration

Programmers/Developers/Computer Artists

drafted, analyzed, and negotiated contracts with software developers
advised on pros and cons of employment v. independent contract
advised programmer how to protect rights to proprietary database software while negotiating and entering into contract with online service
reviewed work-for-hire, confidentiality, and non-compete clauses and agreements
drafted model graphic design licensing agreement
drafted licensing agreement re electronic rights to graphic media
advised re strategies in pursuing multimedia rights
analyzed stock option aspects of employment contracts
advised re First Amendment and intellectual property issues in online publications

Claims, Disputes, and Litigation

defended electronic games developer against claim by terminated software consultant
advised programmer on rights to equipment acquired and used under contract
counseled technical support staff after corporate takeover
represented employees alleging defamation by e-mail
negotiated severance terms between MIS head and large employer
defended software development company v. dissatisfied corporate customer
defended website owners v. claims of trademark infringement
successfully removed litigation from inconvenient district to client's home state
prosecuted claim against website designer who overcharged for incomplete, non-functional site
negotiated rights to content of website
defended domain owner against false claims of pornography
advised software developer on how to deal with theft/reverse-engineering of code

Not talking to a lawyer can be the most costly "cost-saving device" you ever try.

If you have legal questions relating to hardware, software, or technology, don't hesitate to give Jeff Smith a call.

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