Software Licensing and Electronic Commerce
Attorneys in the Firm’s Transactions Department have focused significantly on legal issues arising in electronic commerce, and have represented both vendors and end users of sophisticated software applications, primarily in the financial services industry. Specific e-commerce services provided to clients include:
- The review, negotiation and drafting of complex software licenses, software maintenance agreements, privacy statements and notices, source code escrow agreements, “clickware” agreements, Web page “Terms of Use,” and other computer or Internet-related agreements on behalf of mortgage lenders, banks, and technology companies;
- The compliance with federal and state rules and regulations regarding: (i) the telemarketing, and advertising by facsimile and electronic mail; and (ii) the safeguarding of private consumer information;
- The negotiation and drafting of contracts for servicing operations and other “back-room” functions for a number of banks and mortgage companies;
- The review and negotiation, on behalf of a major mortgage company, of the first set of software contracts entered into by ALLTEL Corporation in connection with ALLTEL’s entry into the front-end loan application and processing business;
- The review, negotiation and drafting of all software licenses and other contracts necessary to establish a virtual banking operation;
- Management of legal issues involved in the purchase and sale of an information technology company, and the supervision (for a two year period) of all legal issues involving such company; and
- The successful resolution of disputes regarding software licenses.
If you would like additional information about the Firm’s experience and capabilities relating to software licensing and electronic commerce, please contact Robert Lotstein at 202.255.3800 (or Lotstein@MBankAdvisors.com).
