Legal issues are not new or unique to the contracts entrepreneurs, technology businesses and emerging companies are entering to. Although the information and technology age has transformed much of what businesses do and how they do it, basic principles of sound commercial contract drafting and negotiation have not changed. It is just as critical in smaller scale transactions as it is in other commercial transactions that a client clearly express in his written agreement who will be doing what, who will own what, and when, how, and to what standard the outsourced work will be performed.
What has changed in the past few years, however, is the value to businesses of technology, information, and e-commerce processes. Such value has ascended considerably. Clients must take extra care when they deal with functions that involve these "crown jewels." A commercial agreement must clearly address the ownership and protection of these assets, as well as the allocation and management of risks posed by their unauthorized or improper use. Careful drafting and negotiation of technology, e-commerce, and outsourcing contracts are extremely important functions.
There are various recipes for disaster in drafting and negotiating such business contracts. Clearly, contracts prepared by those with a shallow understanding of how the intellectual property rights to be licensed operate can lead to some extremely undesirable results. Ignoring or providing tacit attention to regulating authorities can result in provisions of an contract that are unenforceable or entire contracts that are essentially invalid. In short, the negotiation and preparation of business contracts should never be equated to the preparation of the simpler, ordinary contracts, which usually involve much shorter time spans and more easily understood property rights.
Pinsky Law Professional Corporation (the "Pinsky Law") can provide a full spectrum of commercial contract services to our clients with focuses on corporate, intellectual property and technology law and is able to assist in structuring and negotiating complex commercial contacts. Pinsky Law can assist clients of all types (from middle market to start-ups in high tech, financial, entertainment, publishing, marketing and other industries) on business and marketing issues and strategies (including risk management), the protection and exploitation of creative and technological works (including trademarks, copyrights and patents), litigation management, and other intellectual property, Internet and technology matters, including website and intellectual property audits, strategic alliances, website agreements, software development, licensing, merchandising and other service contracts.
A niche status and use of technology
enable us to provide high quality, cost effective legal services for
emerging and existing businesses, technology start-ups, entrepreneurs
and inventors in a variety sectors of economy. We continue to develop
relationships with other law practitioners with experience in technology
litigation, patent law, corporate financing and leasing as well as full
service corporate law firms, all of whom will work in conjunction with
Pinsky Law on specific matters.