Your friendly neighborhood technology legal counsel here: One of the greatest aspects of our firm is the fact that we, as attorneys, get to partner with our clients to assist in the development of their dreams. Additionally, while we focus on being the general counsel for all business types and sizes, one of my personal areas of passion is seeing new technology based clients develop and partnering with them to see their success.
One such emerging company that I'm happy to say we are partnering with is Den of Deliverabilty (www.denofdeliverability.com) ("DoD"). DoD is a start-up for which we've done SaaS legal consulting. They are focused on assisting their clients in getting their e-mail messages to the end user and drawing the distinction between "ham" (mail that people requested and want to receive) and "spam" (unsolicited commercial electronic mail). This process can be much more arduous that one might initial think, but luckily, DoD can help any business maximize their marketability through the proper use of commercial electronic messaging.
I'm very excited to see this company take off. They have great ideas and really cool software components that I think are going to be essential to any business. And just for fun legal disclaimer (what do you expect, I'm a lawyer) as I mentioned, I, and this firm, have done legal work for them, but we are not otherwise compensated by them.
So if you think this is something that your business might benefit from, check these guys out.
Posted Tuesday, February 16, 2010 by
Janet Croswell
Keeping up with software clients can be a challenge for technology legal counsel. The software as a service industry evolves quickly, time-lines are condensed, and the playing field yesterday can look decidedly different than it looks today. The name of the game for a SaaS company is to stay ahead of the pack and become known as THE leader in its industry.
I recently read an article in Entrepreneur magazine about Search Engine Optimization titled What You Don't Know About SEO.
What I DO know is that many of our clients could have written this article.
For those of you interested in Internet marketing, here's an excerpt about targeting keywords to help drive search results that our friends over at Compendium Blogware could have written:
"Google, of course, is the web-search alpha dog. But all the others--Bing, Yahoo, Ask.com, Lycos--are sniffing out the same stuff.
What gets their attention? Good, fresh, focused content. Adding a blog is one of the easiest and most straightforward ways to bulk up on content. If you sell hair-removal devices, for instance, start a blog that explores all aspects of waxing, plucking, threading, electrolysis and so on. Over time, your site will accrue searchable heft.
The trick is to be hyper-conscious of your keywords. For example, if you want web surfers on the prowl for "eyebrow waxing" to find your site in search engine results, organically work the exact phrase "eyebrow waxing" into each blog post (maybe multiple times), and use it on all static pages related to eyebrow waxing. Lather, rinse and repeat with every term and phrase you want to rank for.
Before you start writing content, though, research and plan your keyword attack. Is geography important to finding your customers? Then maybe "California eyebrow waxing" is the phrase you want to home in on."
Just a brief example of the world I'm living in by working in the area of SaaS legal consulting, I have the absolute privilege of working with high-tech, fast growing companies. Truly partners in success, I and the other attorneys of Alerding Castor Hewitt, LLP who practice in the area of technology legal counsel welcome the challenge of keeping up with the pace of this industry.
Posted Monday, December 14, 2009 by
Chris Stephen
Google announced in its blog today that Los Angeles has officially switched to using Google Apps for e-mail and collaboration. 34,000 city employees will now be using the Google cloud to do their work and, more importantly, their communication. This is a substantial development in cloud computing law. This will highlight the pros and cons of cloud computing for the future,and is likely to shape the success of other municipalities going the same way. Data issues and privacy litigation is likely to start popping up even more predominately related to the cloud. Plus the bloggers will get to continue to discuss the impact of Google taking over the technology world.
Overall, I think that cloud computing is the future, but as a technology legal counsel, I can't help but watch this development with youngster-like anticipation. As goes the cities, so goes the country. Keep your eyes on the horizon for developments from this jump by L.A.. The litigation that is possible from this decision by L.A. will be delectable.
Overall, I think that cloud computing is the future, but as a technology legal counsel, I can't help but watch this development with youngster-like anticipation. As goes the cities, so goes the country. Keep your eyes on the horizon for developments from this jump by L.A.. The litigation that is possible from this decision by L.A. will be delectable.
Posted Tuesday, December 1, 2009 by
Janet Croswell
So you've launched your company and hired a web-developer to breathe life into the idea you've poured your heart and soul into developing over the past several months, perhaps even years... Maybe you never even thought to ask the question, but at the end of the day who actually owns "your" website? You or the web designer?
Indiana software litigation in a ruling by the Supreme Court of Indiana, Conwell v. Gray Loon Outdoor Marketing Group, points to the fact that hiring a contractor for the development of content and programming of a website is considered a service rather than a purchase of a good.
In this case, the Indiana Supreme Court ruled that the independent contractor owns the property, while the hiring party owns a non-exclusive and perpetual license to use such property, unless of course, there is an agreement specifying otherwise.
Looking towards prior Indiana technology litigation the Supreme Court applied the definition of an implied non-exclusive license to the development of a website:
An implied non-exclusive license is granted when (i) a person (the licensee) requests the creation of a work; (ii) the creator (the licensor) makes that particular work and delivers it to the licensee; and (iii) the licensor intends that the licensee copy and distribute the work.
This definition applied to the facts surrounding the website development in this particular case ultimately led the court to its conclusion.
So, expect this to be the case (at least in Indiana) the next time you hire a webdesigner for your next project: upon final payment, the webdesigner owns the property, while you own the right to use it... forever.
(Unless, of course, you involve technology legal counsel first and negotiate otherwise.)
For an example of a newly developed Indiana-based website check out: GlobalToaster
Posted Monday, November 16, 2009 by
Janet Croswell
Here at Alerding Castor Hewitt, LLP, often times we work with clients who have software that inherently transcends state and national borders. Not just brick and mortor storefronts, many of our clients have customers nationwide and around the world.
Such is the realm of cloud computing law, and it's up to us as technology legal counsel to answer the inescapable question of what state, federal, or even country's law applies should a lawsuit arise.
Well, if you haven't contracted for this simple jurisdictional provision specifically in the terms of your license agreement or software service level agreement, as a SaaS company you may just find yourself flying over to London someday to deal with a breach of contract under U.K. law and their interpretation of your agreement.
All I have to say is good luck, and I hope you are prepared for those Barristers' premium legal rates.
Even if you win your case, you just wasted a tremendous amount of valuable time and money unnecessarily on SaaS litigation in the "wrong" venue.
I'm all for making the deal, but before you go shaking hands and rolling out your new Software as a Service application with a form agreement and without proper advisement, be sure to consult with reliable technology counsel to help you draft a solid agreement for your company's SaaS product.
Posted Sunday, August 17, 2008 by
David Castor
As a business attorney with Alerding Castor, LLP, I provide legal services and counsel to technology companies. In my representation, I have seen a lot of results of globalization arising from our Indianapolis market. It is exciting to see our local companies rise to the global stage. The barrier of entry to world markets is drastically open to Software as a Service and other internet-based software providers.
I remember a professor in my MBA program at Butler University telling the class that "the world is becoming more flat" as a result of globalization (i.e., the increase in technology which gives more ready access to global markets). I am currently reading The Flight of the Creative Class by Richard Florida. Florida suggests that the world is not becoming flat, but spiky. In terms of economic horsepower and cutting-edge innovation, there are only a few regions in the world that are making a true impact on global economy. These are regions which attract innovative individuals and companies through creating and fostering a culture of creativity. This is my hope for Indianapolis, and truly what I want to see fostered in our city.
I remember a professor in my MBA program at Butler University telling the class that "the world is becoming more flat" as a result of globalization (i.e., the increase in technology which gives more ready access to global markets). I am currently reading The Flight of the Creative Class by Richard Florida. Florida suggests that the world is not becoming flat, but spiky. In terms of economic horsepower and cutting-edge innovation, there are only a few regions in the world that are making a true impact on global economy. These are regions which attract innovative individuals and companies through creating and fostering a culture of creativity. This is my hope for Indianapolis, and truly what I want to see fostered in our city.
