Since the beginning of commercial exploitation of the Internet, Moses & Singer has played an active role in the converging fields of information technology, telecommunications, entertainment and commerce. As one of the nation's leading entertainment and copyright law firms, the firm has been, and continues to be, engaged in landmark litigation, legislative efforts and innovative counseling and drafting that shape the law in this area. Moses & Singer also provides the sophisticated corporate and transactional capabilities essential to the success of technology driven ventures.

Entrepreneurs and emerging enterprises as well as more established companies expanding into e-commerce and online services benefit from the full range of integrated services provided by our Internet/Technology Group, which includes lawyers specializing in entertainment, advertising, merchandising, intellectual property, litigation, tax, wealth preservation and corporate law. A diverse group of clients, including content providers, e-commerce merchants, advertisers and web site developers, have benefited from our expertise in a broad spectrum of matters related to start-up financing, copyrights and trademarks, strategic alliances, branding, sponsorships and affiliate networking.

We offer the resources, expertise and dedication to assist our clients in the startup and development stages of their business as well as with the full range of M&A and financing transactions necessary to navigate the rapidly changing and competitive online technology business environment.

Early stage businesses, particularly those in new industries, face ongoing strategic, operational and organizational challenges. Working closely with the founders of Internet companies as they grow and develop is an exciting part of our group's practice. Our experience in structuring and negotiating initial and early stage financing, including seed financing, "angel" investments, venture capital and later stage equity and mezzanine financing, enables us to provide early input into our clients' business plans, suggest ways to avoid potential pitfalls, and assist emerging companies in raising the financing needed to capitalize on the opportunities arising in this fast-growing and rapidly changing industry.

Moses & Singer's services to early-stage ventures include the selection of appropriate business structures, tax planning, shareholders' and founder's agreements, confidentiality and consulting agreements and real estate and equipment leases. We work with clients in establishing employee stock option plans and employment policies to motivate and retain employees. We also draft and negotiate consulting and employment agreements. Our Internet/Technology lawyers can evaluate and help clients secure their intellectual property rights (including trade secrets, trademarks, copyrights and patents) to ensure that they can execute their business plans and obtain funding without concern about future litigation over conflicting claims.

Development

As a company moves out of the start-up phase, the protection, defense and full utilization of its technology and intellectual property become matters of paramount importance. Moses & Singer has long been a strategic adviser to major companies in the computer, online, television and motion picture, publishing, advertising and music industries.

The Internet/Technology Group leverages Moses & Singer's wealth of experience and knowledge to assist clients in generating, marketing and distributing content and technology. In addition to our background in the content and technology aspects of intellectual property law, the firm has extensive experience in aiding clients with the commercial exploitation of intellectual property rights through purchase and sale agreements, cooperative and co-branding agreements, and licensing, distribution and royalty arrangements in the fields of technology, software, audiovisual and multimedia works, literary works and music.

Traditional "brick and mortar" businesses are increasingly looking to the growing market opportunities provided by the Internet. Moses & Singer helps such clients develop online strategies, policies and procedures. Drawing on the firm's experience in advertising, publishing, merchandising and entertainment, the group advises clients with respect to providing or securing a broad range of e-commerce services and rights, including: web site and software development agreements; contracts for content acquisitions such as obtaining and licensing of digital rights to photos, music and videos; trademark licenses and co-branding agreements; web advertising and sponsorship agreements; promotions and contests; "shrink-wrap" and "click-wrap" licenses; domain name rights; disclaimers and notices; and site review to assess potential risks and liabilities. Our attorneys work closely with clients to understand their business models and to advise them on maximizing the benefits of the Internet while minimizing the legal risks.

Many companies and individuals that create, license or use intellectual property rely on Moses & Singer to protect the hard-earned results of their efforts. We assist clients in optimizing the protection of their intellectual property based on the resources, needs and preferences of those clients and in formulating a strategy for protecting their intellectual property assets against misappropriation. We counsel clients to avoid litigation. But when litigation is unavoidable, our attorneys have represented clients in disputes involving Internet domain names, patent reissuances, reexaminations and interferences, copyright and trademark infringements and opposition proceedings, antitrust violations, unfair competition, license agreement disputes, misappropriation of trade secrets and confidential information and rights of publicity and privacy. Moses & Singer is involved extensively in issues concerning the application of copyright laws to electronic publishing on the Internet.

M&A and Financing

More mature technology companies frequently become involved in mergers and acquisitions, including strategic alliances, joint ventures, and public offerings or other growth-oriented financings. Moses & Singer regularly represents clients in such transactions to enable them to obtain critical mass, access new products or technology, or provide liquidity. Our experience enables us to meet the unique challenges and issues encountered in these kinds of transactions.

Strategic alliances, joint ventures and corporate partnering are essential elements in this fast-moving environment. Our legal, tax and business experience enables us to contribute a value-added approach to structuring and negotiating strategic corporate relationships with the object of fostering a "win-win" situation for all the parties involved.

Moses & Singer is equipped to guide companies through a full range of financing alternatives from follow-on venture capital financing and bank lines of credit to public offerings. This includes providing ongoing advice on complying with securities law, proxy rules and periodic reporting and insider filing requirements.

For more information please email us at intellectualpropertyinfo@mosessinger.com