INTELLECTUAL PROPERTY AND TECHNOLOGY

PWHD attorneys regularly assist clients in areas of intellectual property, technology and internet law. PWHD attorneys help with the selection, searching, and registration of company names, group names, trademarks, and service marks.  We give our clients practical advice regarding the most cost-efficient methods for protecting and capitalizing upon their copyright, trademark, and other intellectual properties.

 

I.   Copyright Law

  • Registration of copyright 

  • Licensing and contract negotiation

  • Protecting your ownership in creative works such as fiction and non-fiction books 

  • Merchandising and licensing

 

II.  Trademark Law

  • Licensing of trademarks and service marks

  • Searches and interpretation of marks

  • Trademark and service mark selection and development;

  • Counseling on appropriate trademark usage in advertising and merchandising agreements

  • Federal registration

  • Assignments and recordation

 

III. Trade Secrets

  • Protections available at common law, by statute or regulation that enhance or exist outside of traditional copyright or trademark areas.

 

IV. Publishing Law

 

Cyber Law and Data Protection

 

If your company has data, it's a target. Depending upon the industry, your company likely has legal requirements to develop and implement an adequate data security program to safeguard the confidentiality, integrity and availability of information and your company’s information systems. Data security programs include written policies and procedures, documented employee training, vendor oversight, and sometimes personal certification of compliance with a cybersecurity law or regulation by a C-Suite officer.

 

PWHD assists clients with developing and implementing comprehensive data security and privacy programs to meet their legal needs under growing state and federal data protection laws and regulations, including the Health Insurance Portability and Accountability Act (HIPAA), the Health Information Technology for Economic and Clinical Health Act (HI-TECH Act), the Gramm-Leach-Bliley Act (GLBA), and the New York Department of Financial Services cyber regulations. We also help clients comply with the EU’s General Data Protection Regulation (GDPR) as well as the California Consumer Privacy Act (CCPA). Our lawyers help clients draft policies and procedures, including incident response plans, respond to requests for certification of compliance from regulators and business partners, conduct training and tabletop exercises, and establish third-party vendor management programs.  Our lawyers also review technology contracts and transactions to strengthen our client's interests and protection during the merger and acquisition process.

 

When an organization sustains a suspected cybersecurity incident they are required by law (or sometimes by contract, or both) to undertake a prompt investigation and provide notification of the incident in a short period of time. Sometimes, a company's notification window is a mere 72 hours after knowledge of the event. PWHD provides clients with critical crisis management to investigate and respond to cybersecurity incidents. From ransomware to data breaches, our lawyers work with forensic investigators to determine the “who, what, why and how” of an incident. We help companies with coordinated public relations efforts, potential interactions with law enforcement, and determination of required third-party notifications to consumers, business partners, regulators, State Attorneys General, and others.

 

A dispute involving a cybersecurity incident can devolve into litigation, whether a business-to-business lawsuit or a data breach class action. PWHD represents corporations in a wide variety of business sectors in litigation in state and federal courts across the country. The firm’s approach to complex litigation matters is to staff them with senior litigators who assemble efficient teams.

 

Finally, PWHD lawyers provide insurance contract analysis and litigate complex coverage matters for cybersecurity incidents, from data breaches and business email compromises (BECs) to wrongful collection and use of personal identifiable information (PII), media liability, and e-surveillance. PWHD offers in-house instruction and continuing education to companies on insurance contract exclusions, and insurance contract compliance.  When necessary, PWHD litigation attorney’s stand ready to assist local and national businesses in challenging denials of coverage by insurers in state and federal court.

 

Intellectual Property is an area of the law with overlapping federal and state statutes and common law (derived from case law decisions).  

 

We can help you understand the overlapping laws and to find your way to a cost-effective position to protect your interests and assets.

 

We can assist clients with the following:

  • Website Terms and Conditions

  • Domain Name Registration and Disputes

  • Website Development/Hosting Agreements

  • Content Provider Agreements

  • Trademark and Copyright Infringement Claims

  • Privacy Statements and Regulations

  • Internet Service Provider Agreements

  • Confidentiality Agreements

  • Trademark and Copyright Registrations

  • Software and Technology Licensing

  • Website Legal Evaluations

 

Our attorneys can represent you in any litigation related to these areas as well. Combining our technology expertise with our strong general business law experience enables us to assist our clients with the variety of transactions and issues raised by Internet commerce. Representative clients include software companies, internet service providers, retailers, healthcare providers and organizations and telecommunications companies.  Feel free to communicate with Duncan Byers, Esq. at (757) 223-4474 or Steven A. Meade, Esq., at (757) 223-4554 with questions or to obtain legal services.

 

Steven A. Meade, Esq., provides services to clients with publishing law needs; contact Mr. Meade at (757) 223-4554 or smeade@pwhd.com.

12350 Jefferson Ave
Suite 300
Newport News, 23602
USA

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