Complex software contracts, haggling over domain names, software or hardware that does not meet expectations, e-commerce startups that in their initial enthusiasm neglect to get their legal situation in order: in all these situations and more, we see that IT law is becoming an increasingly daunting but also increasingly important aspect of our society. We want to help you with all of it, from the ground up: whether it’s explaining the fine print in your contracts, being your legal support team when it comes to conflicts, or giving you advice on the latest regulations and case law.
Fighting back against tortious online content
Ever since the early days of the internet, we’ve specialized in how to handle all forms of wrongful and tortious online content. In many cases, this is about infringing on intellectual property rights (copyrights, trademarks, portrait rights or trade name rights), but it can also be libel or slander, injuria or harassment. In such cases we have a proven track record in both acting on behalf of title holders and victims (including international collective rights organizations, companies, private individuals and government bodies), and also defending companies and private parties who are accused of these types of violations. We have also represented ISPs (internet service providers) on things like evaluating whether demands to remove specific content are legally well-founded and whether the identity of the persons responsible for it must be disclosed. In all these types of cases, we litigate wherever litigation becomes necessary.
See also our Harassment specialization.
Software and hardware project support
We also frequently see things going wrong in implementation, and here, too, we can help. Have you ever been sold by a spectacular presentation or unbeatable offer from a vendor, only to find that the implementation runs aground or the software/hardware doesn’t function as promised? This is another situation in which it is essential that you get timely legal advice. All too often, we see that complaints are not properly documented and that the vendor’s meticulous progress reports don’t sufficiently reflect the customer’s complaint. If you are that customer and the dispute goes to litigation, this can mean big problems for you. We can advise you on proper documentation and, if it does go to litigation, represent you in court or before the arbitration tribunal. We oversee major software projects for companies and national and international government bodies, agencies and services.
Drafting software contracts
If you’re a software vendor, you know that the fine details of license agreements, development contracts and maintenance contracts are critically important to your business. In most cases, you need more than just a contract that consists of a signed offer with the price, delivery date and a reference to sector-based terms and conditions The smartest way to protect your interests is to draft clear contracts and regularly update them to reflect your latest business practices and any new developments in regulations and case law. We can give you expert advice and help you draft your contracts and your general terms and conditions.
Support with disputes and domain name registration
Considering how important the internet is to so many companies, good domain name management is essential: if a third party is “squatting” your domain, or publishes its own website on a domain with your name, the impact on your company can be extreme. But there are ways to tackle this situation. First, you need to make a few strategic decisions. We have a long and successful track record in handling domain name disputes, and can give you the advice you need for negotiations or in litigation/arbitration.
When it comes to the registration and issue of domain names, prevention is better than cure; because in the end it’s first come, first served. When in doubt, you should always get good advice before you register a domain and launch a website on it. That’s the best way to avoid problems like another company thwarting your plans with, for example, a trademark, that ultimately leads to you having to either litigate or surrender your domain name.
Advising ICT startups
ICT startups typically take off fast on the power of unbridled enthusiasm. The risk here is that in all the enthusiasm, you may neglect to focus on having a solid legal framework at the start, and that can lead to big problems down the road. Properly establishing the legal foundation is essential. We advise starting at the beginning: the legal relationships between the founders. In many cases the best approach is to first draft a detailed shareholders’ agreement and make sure that it is correctly reflected in the company’s articles of association.
Request legal advice now
Please let us know the legal issue or issues you would like some advising on, and one of our specialists will contact you immediately.