Information Technology

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Briggs and Morgan helps clients understand and negotiate the legal, business and technical issues that arise in connection with the development, licensing and use of information technology. We have a strong history of providing advice to information technology companies and consumers of all sizes, from both a transactional and a litigation perspective.

Briggs attorneys represent many information technology and e-commerce clients as general corporate counsel, advising on all aspects of our clients’ businesses, including employment matters, licensing, technology ownership and distribution, acquisitions, divestitures, and other matters. As corporate counsel, we have also guided such clients through complex corporate finance matters, including private placements, venture capital financing and initial public offerings (IPOs). We have extensive experience counseling information technology companies through Securities and Exchange Commission (SEC) filings, securities exchange and market listings, and related securities law compliance matters.

Many information technology transactions are not isolated from other legal issues and concerns.  Briggs and Morgan has the size and depth of practice in both transactional and litigation matters to provide the knowledge and understanding necessary to achieve business success.

We are committed to providing high-quality legal advice in an efficient and cost-effective manner. Our focus is protecting our clients’ interests while maintaining a pragmatic, business-oriented approach to information technology matters. We understand the needs of business and work to negotiate efficient, practical solutions to establish and maintain complex, productive relationships. Our team of attorneys has a wide array of information technology experience and the ability to provide flexibility and skill in response to client needs.

Systems and Software Technology
Briggs attorneys have considerable experience reviewing and negotiating agreements and related matters with respect to information technology systems. For example, we have advised clients on software license agreements, application service provider (ASP) agreements, software as a service  (SaaS), cloud services agreements, turnkey system agreements, enterprise software licenses, system management and support agreements, OEM agreements, software and interface development and distribution agreements, and information processing relationships. We understand and are familiar with key issues in these relationships, such as service level and other warranties, liability allocation and restrictions, access to code and other technology, indemnification matters, and scope of use rights.

Service Providers
We also have a strong history of helping clients negotiate issues relating to Internet, web, and e-commerce matters. Among other matters, our experience includes developing and negotiating web design and hosting agreements, privacy policies, terms and conditions of use, business to business exchange agreements, internet service provider (ISP) agreements and policies.

We have negotiated and worked with clients in a broad range of licensing matters, including trademark, patent, and copyright licensing agreements.  We have successfully concluded license agreements in a wide variety of industries, including manufacturing and chemical processing, medical, food processing, hardware and systems, information technology, and distribution.

In addition to transactional assistance, our business litigation attorneys are available for Internet and e-commerce matters involving: domain name and cybersquatting disputes; trademark, copyright, patent, trade secret and proprietary information disputes and claims under the Digital Millennium Copyright Act; breach of contract claims; antitrust and unfair competition disputes; privacy disputes; and false advertising disputes.

Representative Matters


  • Represented a start-up software company that provides security solutions for data in transit and at rest.
  • Represented a marketing technologies company in its IPO, follow-on offering and registered direct offerings. 
  • Represented an industry-leading provider of computer network performance management hardware and software in its sale to a large private-equity firm buyer.
  • Represented a digital marketing agency. 
  • Represented multiple Fortune 100 companies in their negotiation of SAP implementation agreements. 
  • Represented a global hospitality services company with information technology licensing counsel and related matters. 
  • Represented a global medical software and content provider in the pharmacology, drug interactions and patient information sectors with ongoing various licensing and other commercial matters. 
  • Represented a global provider of dental, veterinary and medical products and services with respect to all United States based mergers and acquisitions since 2000, including major distribution sectors and information technology acquisitions and licensing. 
  • Represented a global provider of medical reference information in connection with software licensing matters and ongoing in various commercial matters. 
  • Represented a global provider of web-based clinical management and assistance solutions in ongoing various licensing and other commercial matters. 
  • Represented a healthcare medical content provider in ongoing representation for various licensing and other commercial matters. 
  • Represented a national provider of technology services in the sale of a portfolio company in the communication and collaboration technology space. 
  • Represented a national retailer of music instruments with information technology needs in marketing, enterprise resource planning, big data analytics, inventory management, back office services and other services. 
  • Provided general advice regarding business practices for avoidance of liability with respect to intellectual property.
  • Represented employer in defending claims brought by Plaintiff employee -- three gender, age, and race EEOC discrimination and retaliation charges under Title VII and then sued for the same claims in federal court.
  • Represented the founders of a start-up software company with respect to various formation matters.


  • Defended client against claims of trademark infringement and counterfeiting. 
  • Defended founder of a company accused of mail and wire fraud for failure to pay Minnesota sales taxes. No charges were filed. The other targets plead guilty and were sentenced to the federal penitentiary. 
  • Patent license dispute regarding tire inventory planning software program. Defeated motion for TRO and obtained dismissal of action for lack of personal jurisdiction.