Software and Intellectual Property Law

From a legal perspective, leaders of software and technology growth companies have a unique set of challenges and opportunities. Our firm has significant experience providing industry-specific legal expertise and has served as outside general counsel to numerous fast-growing software and technology companies. Barclay Macon, our software and intellectual property attorney, has a breadth of experience in representing entrepreneurs and businesses in a variety of transactions in both the technology and non-technology sectors. Personally, he is a principal in two established software and technology firms, helping him to understand first-hand the complex balance between legal and other business matters. His experience in corporate and commercial transactions and his record of success as a commercial litigator provides him with a broader perspective on a software/technology company’s legal needs while enabling him to advise clients on a wide range of relevant issues, beyond licensing and protection of intellectual property.

At FMSM, we work closely with our clients to protect and preserve their most valuable assets: their trade secrets and intellectual property rights. We also work closely with our clients to minimize risks in the development, customization and licensing of software and other technologies by drafting and negotiating agreements that:

• Protect against the unauthorized disclosure of trade secrets and confidential information;
  Ensure that the company and not its employees or independent contractors are the owners of new ideas, concepts and source code;
• Limit the client’s liabilities; and
• Facilitate the consummation of business transactions that enhance our client’s chances of a successful and profitable relationship with their customers.

The firm has extensive experience protecting its client’s investments and supporting their growth initiatives through the drafting and negotiation of agreements such as:

• Non Disclosure and Confidentiality Agreements;
• End-User Software License Agreements involving proprietary and open source software
• Strategic Partner, OEM and Reseller Agreements
• Software Development Agreements;
• Services and Systems Integration Agreements;
• Software Maintenance and Support Agreements;
• Source Code, License and Escrow Agreements;
• Employment Agreements;
• Independent Contractor Agreements;
• Non-Competition and Non-Solicitation Agreements.
• Asset Purchase Agreements