The motto of Silicon Valley is “move fast and break things.” Tech is an industry that moves fast – much faster than legislation or the law. So it’s little wonder that as experienced litigators we’re regularly being tapped by the tech industry to assist with business disputes, non-competes, exclusivity arrangements, trade secret infringement and more.
Here are just some of the themes that repeat in our litigation practice.
Intellectual Property Rights for Technology Companies
In an industry where being first-to-market is a major predictor of long-term success, protecting intellectual property rights is vital. Tech companies seek our expertise regarding the protection of intellectual property such as algorithms, software, innovations and research – all of which are crucial to their competitive advantage and exit or acquisition strategy. Navigating disputes regarding the ownership of intellectual property remains a standard feature of this industry.
Protecting User Data vs Working with Law Enforcement
Tech companies hold vast amounts of private user data ranging from messages to metadata to DNA. This data often pertains to users across many different states and countries. The responsibilities around protecting this data versus working with law enforcement or government agencies is a question that continues to arise.
Resolving the Fall-Out from Data Breaches and Anticompetitive Behavior
More than 100 million people were victims of data breaches in 2024, resulting in the theft of sensitive data such as bank details, social security numbers, passwords, phone numbers and more. When breaches happen, law enforcement or federal agencies may take action to help individuals or levy regulations on at-fault companies. Fines and class-action suits often follow. In cases where companies are accused of anticompetitive behavior, class-action suits or government intervention may arise.
Liability for Decision-Making Regarding Autonomous Systems
AI systems and technologies such as self-driving cars have proliferated in recent years. While existing statutes and regulations govern this area, new rules and regulations have also been leveled – for example, with the SEC revising their rules to cover investment advisors using AI technology. A fundamental issue here is who is responsible for how an AI behaves and where the liability lies – the end user or the company behind the technology? We anticipate that both the technology and laws surrounding it will continue to rapidly evolve.
Challenges Around Performance Issues or Downtime
A major tech outage in 2024 was linked to a faulty roll-out of a software update. While software problems or “bugs” are common, and don’t usually give rise to litigation, the lost business for enterprise-scale companies could be significant enough that companies may start to seek damages for outages that are deemed to be in breach of contract. Additionally, larger companies may also start to negotiate bespoke contracts with tech providers in order to distribute liability.
Are You a Tech Organization Seeking Legal Support? Talk to Warner PLLC
The technology sector is unique for its rapid evolution and widespread impact – and the many emerging risks that follow. Companies in this area can work to protect their legal interests by working proactively with legal guidance to design comprehensive compliance programs and powerful intellectual property management, while also staying ahead of regulatory changes. At Warner PLLC, we have extensive experience helping technology companies navigate litigation, claims and disputes, and will also work closely with your team to design a risk-mitigation approach. For more information, get in touch today.
