Attorneys at Law

Practice Areas

Software

Barton’s attorneys combine the perspective of decades of representation of mid-market and large-cap companies with first-hand commercial software development experience and years spent in-house counsel to custom software development agencies. Our ability to bring a startup’s innovative perspective to bear without sacrificing a mature organization’s business or regulatory considerations makes us unique in our ability to represent our clients through the complex and ever evolving software landscape, including through the following representative areas:

  • Outside general-counsel to multiple dedicated software development agencies
  • Open source licensing and associated risk-analysis
  • Draft and review myriad terms of service, end user license agreements and privacy policies
  • Negotiation of enterprise, B2B and B2C SaaS, value-added-reseller and support level agreements
  • Negotiation of enterprise, mobile and native custom software development agreements utilizing open-source software packages and agile development methodology
  • Negotiate and review cloud-services vendor and support agreements including in legacy environments
  • Work closely with CTOs, CIOs and software teams to analyze compliance of software to technical specifications and regulatory requirements

 
Barton’s software clients operate in a wide range of industries and the firm has counseled its clients through regulatory compliance in multiple overlapping regulatory regimes, including:

  • HealthTech and Telemedicine – HIPAA, HITECH
  • FinTech – Fair Credit Reporting Act, Truth in Lending Act, Electronic Funds Transfer Act, Gramm-Leach-Bliley, FINRA Regulation
  • eCommerce – PCI-DSS, Federal Trade Commission Oversight
  • Digital Media – Digital Millennium Copyright Act, CAN-SPAM
  • Social Media – Electronic Communications Privacy Act, Stored Communications Act, eDiscovery requirements, National Labor Relations Board regulations
  • General Web – Children’s Online Privacy Protection Act, State Privacy Laws