BARCLAY T. MACON, JR.

Phone: (404) 974-4840
Fax: (404) 266-3458
Email: bmacon@fmsmlaw.com

Practice Areas

  • Software Law
  • Technology
  • Intellectual Property Law
  • Corporate Law
  • Commercial Transactions/ Contracts
  • Litigation

Software, Technology and Intellectual Property Clients

For the past thirty years, Barclay Macon has represented publicly and privately held companies and individuals in business transactions and commercial litigation. Since 1989, Barclay has been representing an array of technology based enterprises. Earlier in his career he was counsel for a publicly held, international computer company, representing it in all of its transactions in over twenty states. Subsequently he has served as outside general counsel to numerous software and other technology companies that developed and provide:

  • Network Attached Storage And Storage Area Network Software
  • Management Application Software
  • Retail Clientele Software
  • Transportation Scheduling, Management And Control Software
  • Medical Technology and Products


Barclay has also formed and represented Offshore And Onshore Software Development Companies.

Software, Intellectual Property and Technology Client Specialization

As counsel to these software and other technology companies, Barclay has drafted and negotiated:

  • Systems Integration Agreements
  • Software License Agreements Involving Both Proprietary and Open Source Software For Use With OEM’s And End-Users
  • Software Development Agreements
  • Professional Services Agreements
  • Maintenance And Support Agreements
  • Subcontract Agreements
  • Source Code License And Escrow Agreements
  • Confidentiality and Other Agreements.

Corporate and Commercial Law Clients

Barclay has also organized and served as outside general counsel for numerous privately held businesses outside of the technology sector, such as:

  • Carpet Manufacturers
  • Construction Companies And Contractors
  • Property Development Companies
  • Property Management Companies
  • Consulting And Service Related Companies
  • Corporate And LLC (Limited Liability Companies) Mergers And Acquisitions

Corporate and Commercial Law Specialization

As counsel to both technology and other non-technology businesses, Barclay has formed corporations and limited liability companies and drafted and negotiated:

  • Purchase and Sale Agreements
  • Supply and Distribution Agreements
  • Lease Agreements
  • Shareholder Agreements
  • Employment Agreements
  • Buy-Sell Agreements
  • Non-Competition Agreements and other similar corporate and commercial documents.

Business Litigation Specialization

Barclay has represented publicly and privately held corporations and individuals in jury trials, arbitration and mediation proceedings in a variety of litigation matters, including:

  • Contract disputes
  • Business fraud
  • Breach of fiduciary duty in business transactions
  • Interference with business or contractual relations
  • Shareholder and partnership disputes
  • Partnership dissolutions
  • Construction disputes
  • Prosecution and defense of appeals of awards of contracts awarded pursuant to RFP’s, and tax disputes
  • Tax appeals and defense of claims by the IRS.

Law Firm Position

Partner

Education

  • University of Virginia (BA, 1970)
  • University of Georgia (J.D., cum laude, 1978)
  • Georgia Law Review 1977-1978

Member

  • State Bar of Georgia (Chairman, State Mock Trial Committee, 1980 to 1981)
  • U.S. Court of Appeals, Fifth and Eleventh Circuits
  • Georgia Supreme Court
  • Georgia Court of Appeals
  • United States District Court Northern District of Georgia

Other

  • Officer in the U.S. Navy, 1970-1972
  • Martindale-Hubbell A-V Rating


 

Freisem, Macon, Swann & Malone, LLP, Atlanta, Georgia

Commercial Real Estate Law Software and Intellectual Property Law Corporate and Commercial Law Litigation Vehicle Sales and Leasing Collections
George H. Freisem Barclay T. Macon, Jr. C. Cyrus Malone III Joseph G. Mattarella John A. Swann
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