Software Development & Licensing

The Firm’s experience in software development and license agreements dates back to the 1980s and some of the nascent developments in this area of practice. While currently many software systems agreements have become a bit more standardized, there are still very important and critically negotiated provisions of development and license agreements that require experienced counsel. Significant mistakes are being made by undisciplined deal-making in the areas of who owns the core code, who owns the variable code, the nature of the deliverables, the ability to compete at one level or other, the scope of trade secrets and confidential information (as well as the differences between the two), and the division of labor regarding development as well as licensing. Counsel adept not only at document drafting but also well-versed in handling intellectual property issues at the broadest scope is essential to getting the job done correctly when it comes to these agreements.