Technology Transactions

Support for inbound and outbound (buy- and sell-side) software licensing arrangements from custom-developed software to commercially available “off the shelf” enterprise software packages; review and negotiation of support, maintenance and software assurance agreements.

Management of legal issues unique to cloud-based Application Service Provider (ASP) and SaaS engagements including encryption, privacy, security, service levels, availability, disaster recovery, business continuity, recovery and migration; support for ongoing service and support agreements; management of shared or leveraged services arrangements as well as high-end dedicated environment transactions.

Buy- and sell-side support for negotiating professional services, management consulting, software support and maintenance, and systems implementation and integrator transactions.

Graph of technology life cycle path (CC-BY-SA-3.0 license via Wikipedia)

Consideration of copyright and licensing matters unique to software development agreements including employee rights, moral rights, source code management, open source software issues, and ongoing support, service and maintenance requirements.

Image credit: Technology product life cycle found at http://en.wikipedia.org/wiki/Technology_life_cycle#mediaviewer/File:Tecnology_Life_Cycle.png (visited 2014-09-16) (licensed through Creative Commons CC BY-SA 3.0).

Wilftek has experience handling business process outsourcing (BPO) and information technology outsourcing (ITO). This includes:

Buy- and sell-side support for negotiating outsourced services transactions
Identification and management of related legal issues, including intellectual property rights, human resources, labor and employment and employee benefits matters, and audit and tax issues.
Buy-side preparation of requests for proposals, documentation of internal procedures and requirements, and vendor selection and due diligence.
Management of regulatory and operational issues unique to outsourced services transactions including management of offshore locations, OFAC, FCPA and WARN Act compliance, and required securities filings.
Ongoing support for managing relationship governance and service level agreement (SLA) obligations.

Laws and regulations at both the Federal and State levels require that many businesses that deal directly with consumers make reasonable accommodations to address physical and other handicaps and challenges. A number of businesses have been sued for failing to make their websites, apps and other telecommunications technologies accessible. We address the legal issues in analyzing and remediating websites and other communications channels.

Complete support for enterprise strategic sourcing, procurement or supply chain management groups from template drafting and management through ongoing training and buy-side contract negotiation.

Consideration of tax and accounting consequences of lease-versus-purchase decisions; review and negotiation of financing, acquisition and leasing agreements and related documentation.

Technology Transactions

Wilftek counsels individuals and companies on legal issues in all stages and phases of information technology development, implementation, sales and consulting.

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