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 a nationally tier-1 ranked information technology firm, Moses & Singer has been, and continues to be, engaged in cutting-edge technology transactions, landmark litigation and innovative counseling, shaping the law in this area. The firm also provides the sophisticated corporate and transactional capabilities essential to the success of technology driven ventures.
Practical Legal Advice for Information Technology
The Internet/Technology group serves a diverse group of clients, including:
- Entrepreneurs
- Emerging companies
- Established businesses offering digital products and online services
- Financial Institutions
- Digital Content Providers
- Social Media companies
- E-commerce merchants
- Advertisers
- Independent Software Consultants
Our attorneys include former software developers, nationally recognized attorneys with in-house and private practice experience, and professors with the deep subject matter expertise in software, sports and entertainment, advertising, merchandising, intellectual property, litigation, tax, wealth preservation and corporate law needed to meet the broad needs of this sector.
The full range of integrated services provided by our Internet/Technology Group covers such matters as: start-up financing and formation, intellectual property protection, product rollouts, technology licensing, custom software development, regulatory analysis for digital products, privacy counseling, 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.
Enterprise Software
Our firm represents a wide range of interests in the enterprise software ecosystem, including large enterprises selling software products to other large enterprises, institutional clients in their procurement and purchase of technology products and services, and startups and SMEs selling software to enterprise clients.
Our representation of products and services includes:
- SaaS (software-as-a-service), PaaS (platform-as-a-service), IaaS (infrastructure service) and a wide range of cloud, high-availability, high-scalability and ‘serverless’ products
- Data-lakes, scalable storage and backup systems
- Telecommunications services, equipment and remote productivity / collaboration tools
- Machine-learning and AI-enhanced products
- Regulatory compliance products, financial analysis and payment systems products
- Internet of things devices and monitoring systems
- Managed-Service Provider, business process outsourcing and staff augmentation agreements
- Audiovisual, telecommunications and data-exchange services
- Data-licenses, analytics platforms and digital information services
- Point-of-sale systems
- Digital advertising, consulting and management
- Outsource software development and IT consulting
B2C and Consumer-facing Products
Moses & Singer has deep experience counseling companies selling digital products and services to the consumer market. Our representation in this area includes:
- Social media offerings
- Digital content providers and audiovisual media-sharing platforms
- E-health and tele-health platforms
- Wellness and dietary products
- E-commerce offerings
- Online publications and online arms of physical publications
- eDiscovery products
- Education products (edTech)
- Financial products (FinTech)
- Content Management Systems (CMS)
- Workplace review sites
Software Consultants, Startups and New Products
Our attorneys also have deep, functional knowledge of the methods and technique used to develop software, including:
- Agile methodology
- Testing frameworks
- Continuous integration / continuous delivery
- High scalability systems and serverless infrastructure
- Open-source platforms (e.g. Node, Ruby-on-Rails, Laravel, etc.) and hybrid development tools (Ionic, React-native, Electron, Cordova)
- Responsive design, progressive web apps and REST architecture
As a result, we are able to effectively counsel software consulting agencies, startups, and companies rolling out new products and offerings. We work closely with technology teams and stake-holders to provide holistic, start-to-finish product and lifecycle counseling to help organizations understand how to avoid regulatory thickets and to design products with privacy, regulatory compliance, business continuity, auditability and sustainability in mind.
Common areas of representation include:
- End User License Agreements (EULAs), SaaS/PaaS/IaaS agreements
- Application Programming Interface (API) Agreements, and Sandbox Agreements
- Regulatory analysis of new products
- Reseller and Value-added Reseller Agreements
- Service Level Agreements (SLAs), Information Security Agreements and Information Protection Agreements
- Data-Transfer Agreements and Data Processing Agreements
- Product rollouts and documentation, including Terms of Service and Privacy Policies
- Software consulting agreements
- Open source software analysis and open source contribution / contributor license agreements
Managing Risk in Privacy and Cybersecurity
Customer data, patient medical records and market information is the lifeblood of most companies in the Internet, technology, banking, healthcare and retail sectors. Websites, handheld and tablet device apps and other electronic commerce platforms often collect significant amounts of personally identifying information. Hackers, intruders, fraudsters and other malicious agents have developed increasingly sophisticated means of accessing such information for improper purposes. The threat of cyber-intrusion and cyber-attack exposes companies to the risk of civil liability and sanction under state and federal cybersecurity and data breach laws.
We help our clients manage this risk by:
- Negotiating appropriate cybersecurity provisions in application, development, technology transfer, licensing, and other agreements
- Aiding in the development of data breach response plans to satisfy state, federal and international laws and regulations;
- Assuring compliance with legal requirements in the event of a data breach; and
- Negotiating and, if necessary, litigating issues arising from cyber-attacks and intrusions with governmental authorities, individuals and other corporate entities.
Structuring and Financing Start-Up Enterprises
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. We offer considerable experience in structuring and negotiating initial and early stage financing, including seed financing, "angel" investments, venture capital and later stage equity and mezzanine financing. This 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.
Protecting and Monetizing Technological Innovations and Intellectual Property
The Internet/Technology Group leverages Moses & Singer's wealth of experience 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 aids clients with the commercial exploitation of intellectual property rights. We achieve this through purchase and sale agreements, cooperative and co-branding agreements, and licensing, distribution and royalty arrangements.
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. 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
- Site review to assess potential risks and liabilities
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.
In the event of a dispute, 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.
Guidance on M&A and Financing Transactions
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 contact us.
Prior results do not guarantee a similar outcome.
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 a nationally tier-1 ranked information technology firm, Moses & Singer has been, and continues to be, engaged in cutting-edge technology transactions, landmark litigation and innovative counseling, shaping the law in this area. The firm also provides the sophisticated corporate and transactional capabilities essential to the success of technology driven ventures.
Practical Legal Advice for Information Technology
The Internet/Technology group serves a diverse group of clients, including:
- Entrepreneurs
- Emerging companies
- Established businesses offering digital products and online services
- Financial Institutions
- Digital Content Providers
- Social Media companies
- E-commerce merchants
- Advertisers
- Independent Software Consultants
Our attorneys include former software developers, nationally recognized attorneys with in-house and private practice experience, and professors with the deep subject matter expertise in software, sports and entertainment, advertising, merchandising, intellectual property, litigation, tax, wealth preservation and corporate law needed to meet the broad needs of this sector.
The full range of integrated services provided by our Internet/Technology Group covers such matters as: start-up financing and formation, intellectual property protection, product rollouts, technology licensing, custom software development, regulatory analysis for digital products, privacy counseling, 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.
Enterprise Software
Our firm represents a wide range of interests in the enterprise software ecosystem, including large enterprises selling software products to other large enterprises, institutional clients in their procurement and purchase of technology products and services, and startups and SMEs selling software to enterprise clients.
Our representation of products and services includes:
- SaaS (software-as-a-service), PaaS (platform-as-a-service), IaaS (infrastructure service) and a wide range of cloud, high-availability, high-scalability and ‘serverless’ products
- Data-lakes, scalable storage and backup systems
- Telecommunications services, equipment and remote productivity / collaboration tools
- Machine-learning and AI-enhanced products
- Regulatory compliance products, financial analysis and payment systems products
- Internet of things devices and monitoring systems
- Managed-Service Provider, business process outsourcing and staff augmentation agreements
- Audiovisual, telecommunications and data-exchange services
- Data-licenses, analytics platforms and digital information services
- Point-of-sale systems
- Digital advertising, consulting and management
- Outsource software development and IT consulting
B2C and Consumer-facing Products
Moses & Singer has deep experience counseling companies selling digital products and services to the consumer market. Our representation in this area includes:
- Social media offerings
- Digital content providers and audiovisual media-sharing platforms
- E-health and tele-health platforms
- Wellness and dietary products
- E-commerce offerings
- Online publications and online arms of physical publications
- eDiscovery products
- Education products (edTech)
- Financial products (FinTech)
- Content Management Systems (CMS)
- Workplace review sites
Software Consultants, Startups and New Products
Our attorneys also have deep, functional knowledge of the methods and technique used to develop software, including:
- Agile methodology
- Testing frameworks
- Continuous integration / continuous delivery
- High scalability systems and serverless infrastructure
- Open-source platforms (e.g. Node, Ruby-on-Rails, Laravel, etc.) and hybrid development tools (Ionic, React-native, Electron, Cordova)
- Responsive design, progressive web apps and REST architecture
As a result, we are able to effectively counsel software consulting agencies, startups, and companies rolling out new products and offerings. We work closely with technology teams and stake-holders to provide holistic, start-to-finish product and lifecycle counseling to help organizations understand how to avoid regulatory thickets and to design products with privacy, regulatory compliance, business continuity, auditability and sustainability in mind.
Common areas of representation include:
- End User License Agreements (EULAs), SaaS/PaaS/IaaS agreements
- Application Programming Interface (API) Agreements, and Sandbox Agreements
- Regulatory analysis of new products
- Reseller and Value-added Reseller Agreements
- Service Level Agreements (SLAs), Information Security Agreements and Information Protection Agreements
- Data-Transfer Agreements and Data Processing Agreements
- Product rollouts and documentation, including Terms of Service and Privacy Policies
- Software consulting agreements
- Open source software analysis and open source contribution / contributor license agreements
Managing Risk in Privacy and Cybersecurity
Customer data, patient medical records and market information is the lifeblood of most companies in the Internet, technology, banking, healthcare and retail sectors. Websites, handheld and tablet device apps and other electronic commerce platforms often collect significant amounts of personally identifying information. Hackers, intruders, fraudsters and other malicious agents have developed increasingly sophisticated means of accessing such information for improper purposes. The threat of cyber-intrusion and cyber-attack exposes companies to the risk of civil liability and sanction under state and federal cybersecurity and data breach laws.
We help our clients manage this risk by:
- Negotiating appropriate cybersecurity provisions in application, development, technology transfer, licensing, and other agreements
- Aiding in the development of data breach response plans to satisfy state, federal and international laws and regulations;
- Assuring compliance with legal requirements in the event of a data breach; and
- Negotiating and, if necessary, litigating issues arising from cyber-attacks and intrusions with governmental authorities, individuals and other corporate entities.
Structuring and Financing Start-Up Enterprises
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. We offer considerable experience in structuring and negotiating initial and early stage financing, including seed financing, "angel" investments, venture capital and later stage equity and mezzanine financing. This 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.
Protecting and Monetizing Technological Innovations and Intellectual Property
The Internet/Technology Group leverages Moses & Singer's wealth of experience 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 aids clients with the commercial exploitation of intellectual property rights. We achieve this through purchase and sale agreements, cooperative and co-branding agreements, and licensing, distribution and royalty arrangements.
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. 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
- Site review to assess potential risks and liabilities
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.
In the event of a dispute, 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.
Guidance on M&A and Financing Transactions
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 contact us.
Prior results do not guarantee a similar outcome.
- Elizabeth A. Corradino
- David Rabinowitz
- Gregory S. Shatan
- Abraham Y. Skoff
- Abraham Y. Skoff
- William A. Tanenbaum
- Philippe A. Zimmerman
Partner
Associate
Partner
Of Counsel
Special Counsel
- William A. Tanenbaum Elected to the 2020 "List of the World’s Leading Neutrals Arbitrators"
- Moses & Singer Adds Leading Healthcare and Technology Lawyer William Tanenbaum
- Moses & Singer LLP Ranked in Best Lawyers® "Best Law Firms" 2020 Edition
- Greg Shatan Co-Chaired Three Sessions at ICANN 65 in Marrakesh, Morroco
- Greg Shatan To Be A Studio Guest on “Community & Technology,” WHCR 90.3 FM
- Moses & Singer LLP Attorneys Present at French-American Chamber of Commerce Webinar
- Moses & Singer Ranked in Best Lawyers® "Best Law Firms" 2019 Edition
- Moses & Singer Ranked in Best Law Firms 2018 Edition
- Moses & Singer Named Tier 1 National Firm for IT Law by U.S. News & World Report, "Best Law Firms"
- "Best Lawyers" Ranks Moses & Singer as Tier 1 Firm in its 2015 “Best Law Firms†List
- Chambers USA Honors Gideon Rothschild and Julian Millstein in the 2014 Directory of Leading Lawyers
- International Who's Who Legal Cites Dov Scherzer and Julian Millstein for Internet and E-Commerce Practice
- Why do SOPA/PIPA Matter?
- Moses & Singer Announces Association with Julian Millstein, "Senior Statesman" in Technology and Outsourcing Law
- William A. Tanenbaum To Speak At PLI's Upcoming One-Hour Briefing
- Bill Tanenbaum Co-Chairing PLI’s Annual Outsourcing Conference
- Moses & Singer Digital Health Webinar Series
- Linda A. Malek and William A. Tanenbaum Speaking at PLI's Healthcare Technology 2020
- Gregory S. Shatan To Speak At “Combatting Cybersquatting: ICANN’s Rights Protection Mechanisms"
- Toby Butterfield To Speak On A.I. At MONDO NYC Music Tech & Law Symposium
- Gregory S. Shatan to Speak at ICANN65: What Happened In Marrakech?
- Gregory S. Shatan to Speak at 8th Annual M-Enabling Summit in Washington, DC
- Gregory S. Shatan to Speak at Fordham Law School’s 27th Annual Intellectual Property Law & Policy Conference
- Gregory S. Shatan on Panel at the 2nd Annual Computational Law & Blockchain Festival
- Liberty McAteer To Address the New York City Bar Association
- Demystifying Website Accessibility for Law Firms
- The Internet Runs on People: How ICANN’s Stakeholder Model Keeps Us All Connected
- Turning the Corner on the Digital Divide: 50+% now online, how do we leave no one behind?
- ICANN 63 New York Readout
- The Evolving IoT Landscape: Significant Trends and Updates in 2018
- ICANN 62 NYC Readout Outreach Event
- Promoting & Protecting Our Law Firms: Demystifying ADA Web Accessibility Compliance and the New York Attorney Advertising Rules
- Data Privacy Legal Hackathon
- Data Protection
- Recent Developments in US Privacy and Data Protection Law
- Ethics Issues in Legal Process Outsourcing and Cloud Computing
- Managing Global Data Protection
- Moses & Singer Sponsors Privacy Program with Fordham Law for International Attorneys
- The Business and Law of Emerging Revenue Streams in UGC
- Moses & Singer Sponsors Privacy Program with Fordham for International Attorneys
- Law Firms and Cloud Technology: Adapting to Change and Safeguarding Client Data
- Dealing with Hackers
- Cyberterrorism as a Crime
- Privacy Lawsuits Based on Federal Statutes Protecting Electronic Data Generally
- Tell Us What You Think: Think Again
- Why the Splurge on Generic Domain Names
- A Decision that will live in Anonymity
- Web Site Story 4-Nationwide Internet Jurisdiction is not Ended by Blue Note
- A Sense of Decency
- World Wide Web - Worldwide Jurisdiction?
- Web Site Story 6-Breakaway Employees Beware
- To Clear or Not to Clear-Is There Incidental Use on the Internet?
- New Media: An Essential Primer
- Web Site Story 3-The Emerging Tort of Domain Name Infringement
- Web Site Story 5-Emerging Limits to Out-of-State Jurisdiction over Web Sites
- Web Site Story-A Legal Primer for Web Site Owners and Designers
- Do the Prior New Technology Cases Apply to the New New Technology Cases?
- Return-To-Work Tech Brings New Contract Issues
- U.S. Government Seeks Public Comments On Updating Laws Governing Artificial Intelligence
- GDPR at One Year: What We’ve Learned
- Supreme Court Asked to Decide Copyright Protection for Software Program Interfaces*
- Wayfair Paves The Way For State Taxes On On-Line Businesses
- FCC’s Internet Privacy Rules Overturned
- FTC, FDA, OCR and ONC: A New Culture of Collaboration?
- YouTube Monetization
- Software Provider May Have Waived Limitations on Liability
- Sleeplessness Caused in Seattle
- Legal Considerations in Migrating to the Cloud
- Cyber Attacks: New SEC Guidance on Cybersecurity Risk Disclosure Requirements
- Communications Decency Act
- Law Firm Blogs: Legal and Ethical Concerns
- Famous Marks on the Internet
- Protecting Online Databases From Robotic Attack
- Privacy on the Internet: Is Your Right to Privacy a Click Away From Being Violated?
- The Domain Name Industry