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

• 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

• 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

• 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.

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