Technology

Representative Experience

  • Successful representation in a protest filed at U.S. Court of Federal Claims ("COFC") alleging GSA erred by not selecting it from among 493 offerors as one of the awardees in connection with GSA’s Alliant 2 Small Business contract, valued at $15B. COFC sustained the protest on the merits and granted protester's motion for permanent injunctive relief. As a result, GSA paid a substantial portion of the protesters’ attorneys’ fees and costs.
  • Represented pharmacy health information provider in successfully defeating emergency TRO proceedings brought by competitor in federal court for alleged trade secret misappropriation, which result was followed by prompt dismissal of all claims in suit.
  • Lead counsel representing several management teams in executive contract and compensation negotiations as part of billions of dollars of acquisitions by leading technology companies, including Cisco Systems and IBM.
  • Successfully prosecuted defamation and tortious interference claims on behalf of software developer client in suit based on campaign of online business disparagement, using innovative argument under Digital Millenium Copyright Act to advance claims and ultimately obtain order directing removal of offending content.
  • Obtained complete dismissal of suit alleging claims for unfair competition and misappropriation of trade secrets against client in the low voltage industry.
  • Represented the leading online registration and club management system software company in its position as seller in a reverse triangular merger of the software company into a subsidiary owned by a public company in the sporting goods industry.
  • Advised and assisted e-Commerce company with self-correction under the Internal Revenue Service’s Employee Plans Compliance Resolution System (EPCRS) of an operational failure of its 401(k) plan.
  • Represented NIIT in connection with global immigration requirements, including visa and work permit processing; managing the immigration consequences of mergers,acquisitions and compliance.
  • Obtained favorable export classification rulings for software company’s products, and successfully represented company on investigation by U.S. government into company’s export control program.
  • Representing a public, global eBusiness in multiple incentives negotiations and bond-lease transactions in excess of $1 billion.
  • Represented India-based technology company, NIIT (USA) Inc., in its $110 million sale of Element K, an e-learning company, to SkillSoft, and its related strategic partnership with SkillSoft.
  • Draft website privacy policies.
  • Advised a NASDAQ-listed media and Internet services company regarding SEC disclosure and compliance issues.
  • Served as technology counsel for two Georgia state agencies in successful settlement of a multimillion dollar breach of contract lawsuit brought following an unsuccessful software implementation by a software vendor. Discovery in this case presented complex issues surrounding high-volume discovery, as well as the expert review of software code and tools integral to the software implementation.
  • Represented NIIT in its joint venture and outsourcing transaction with Morris Technologies and in a strategic alliance/outsourcing transaction with Red Hat, Inc. the leader in open source software products.
  • Represented the lead investor and controlling equity holder in three tranches of a $15 million plus equity investment in a software company which, during our representation, has required changes of senior management. Just prior to the software company’s failure, represented the lead investor in forming a new limited liability company and offering the shareholders of the failing software company who had preemptive rights the right to invest in the $8.5 million financing of the new limited liability company that acquired certain asset of the failing software company.  Represented the major investor in a subsequent $3 million round of financing, the removal of the president of the limited liability company and a restructuring of the limited liability company.
  • Effectively structured Swedish multinational software company’s China operations.
  • Represented India-based technology company, NIIT, in its $110 million sale of Element K, an e-learning company, to SkillSoft, and its related strategic partnership with SkillSoft.
  • Successfully defended a medical device manufacturer in federal court bench trial against claims for breach of a license agreement and assertion of over $10 million in damages. Unlike a typical breach of contract claim, the issues in this case required proving patent non-infringement and tendering expert testimony in a highly niche area of x-ray technology.
  • Advised a consumer electronics retailer regarding consumer data breach notification obligations and other steps to respond to a data breach. In addition to advising the client regarding consumer, regulatory, and other notifications advice also addressed matters pertaining to the investigation of the breach, cooperation with law enforcement, and enhancing internal controls to minimize the potential for additional breaches.
  • Represented Bond International Software, a publicly traded United Kingdom software company, in its acquisition of a Georgia-based software company, which also involved the acquisition of debt held by foreign creditors and the issuance of shares registered on the London Exchange.
  • Assisted in representation of a publicly traded UK software company in its acquisition of a Georgia-based software company.
  • Advised leading American provider of land registration and property tax management systems on its operations in Ukraine.
  • Represented Georgia-based technology manufacturing company in successfully resolving contract dispute against former customer, including recovery of attorney’s fees.
  • Served as lead counsel in Regulation D offerings for innovative technology and life sciences company in the area of food safety.
  • Assisted in securing a complete defense verdict at trial in in favor of a leading, international IT solutions provider against the gender discrimination and retaliation claims brought by a former high-ranking female executive. The executive brought these claims after she was terminated following an internal investigation into allegations that she was engaging in discriminatory hiring practices. Through detailed e-discovery efforts, we discovered evidence proving that the executive was using code words for her hiring preferences – evidence that shattered her credibility at trial.
  • Represented Georgia-based technology manufacturing company in resolving contract dispute through arbitration.
  • Obtained favorable settlement for a marine products company in its Lanham Act lawsuit against a competitor using website Meta tags and Google AdWords infringing the company’s trademarks.
  • Represented a innovative technology and life sciences company in a sale of a division.
  • Responded to SEC comment letters for web hosting company, Interland Inc.
  • Represented major Internet service provider in the acquisition of property for data center and in the issuance of taxable revenue bonds.
  • Served as lead counsel in a going private merger transaction for healthcare software company, CareCentric Inc.
  • Served as lead counsel for a NASDAQ-listed healthcare software company in a delisting proceeding.
  • Counseled technology company with regard to the numerous compliance obligations imposed on federal government contractors and described the penalty associated with the failure to comply with or blatant misconduct of each of the listed compliance obligations.
  • Drafted and edited numerous teaming agreement and subcontract agreements for a technology company serving as a subcontractor to multiple large systems integrators which hold prime contracts with various federal agencies.
  • Performed due diligence focused specifically on a Target Company’s multiple government contracts on behalf of my client, the purchaser of such Target Company.
  • Representation of a Fortune 50 company in a bid protest before the Government Accountability Office in a multi-party bid protest challenging the award by the Department of Justice of a contract valued at approximately $500 million to another bidder.
  • Successfully represented a $1 billion technology company in three successive claims against the Government, avoiding time-consuming and expensive litigation by negotiating settlements favorable to my client in each case.
  • Represented a communications technology manufacturing company with various supply agreements.
  • Serving as general counsel to an innovation public company in the area of technology and life sciences, specializing in electrolyzed water production.
  • Advising publicly traded (NASDAQ and German Stock Exchange) multinational software company in U.S. legal matters.
  • Represented NIIT, an India-based technology company, in connection with global immigration requirements, including visa and work processing.
  • Prepared several Responses to Requests for Evidence from the USCIS on nonimmigrant and immigrant visa petitions, resulting in the final approval of those petitions.
  • Processed several visas in categories of B, H, L, E and O as well as labor certification and green card petitions in employment based categories.
  • Successfully represented a small technology company in obtaining a 20-year contract with the General Services Administration; such contract is referred to as a “GSA Schedule.” Drafted Memorandum of Law for the company outlining compliance obligations imposed on federal government contractors holding GSA Schedules.