Computer Software & Hardware

In the area of computer software and hardware, we counsel owners, developers, distributors, licensees and others in a wide range of computer issues, spanning a host of business transactions and commercial disputes.  For example, we provide practical and timely advice regarding:

  • The identification, protection, commercialization and enforcement of intellectual property rights in computer software and hardware
  • Preparation of a wide variety of software development agreements, including joint development initiatives
  • Conventional software distribution, sale and license agreements for both off-the-shelf and custom applications
  • Innovative software license and distribution agreements, including ASP, "cloud computing", Software as a Service ("SaaS") and Free/Open Source models
  • Software maintenance, service and source code escrow agreements
  • The latest laws relating to computer database protections
  • Computer hardware OEM, sale, license, lease and maintenance agreements
  • The acquisition, sale and license of computer hardware, systems and networks, including integrated hardware/software transactions
  • All relevant e-commerce considerations


Our software clients range from small concerns to large publicly-held and span a wide spectrum of applications and models, including CAD, CAM, CRM, SCM, ERP, PLM, KM and ASPs.

AI Regulation is Moving from Models to Moments

An AI system does not have one legal identity.

A model that summarizes internal meetings may present familiar privacy, security and contract questions. Connect the same model to a hiring score, credit decision, insurance recommendation or patient interaction, and the analysis changes. Put it in a public chatbot used by minors, and a different set of concerns appears. Use it to generate images or audio, and disclosure and provenance rules may matter.

This is the most useful way to read the emerging state AI patchwork: the legal unit of analysis is not the model. It is the moment when the system interacts with a person, influences a decision or produces an output that the law treats differently.