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Technology

Overview

Companies across industry sectors and markets, with operational models ranging from the traditional to the disruptive are navigating and taking advantage of the rapidly-evolving areas of their business that are affected – and increasingly transformed – by technology and innovation. Crowell & Moring's technology practice assists clients at the convergence of law, technology, and business to better position for competitive advantage, growth and to mitigate risk in this dynamic environment.

We represent clients in a broad range of technology-related matters, including in transactions, regulatory and enforcement issues, public policy, and litigation and arbitration proceedings. In particular, we help with:

  • Securing and defending intellectual property rights, including patents, copyrights, trademarks, and trade secrets
  • Contracting for information technology equipment and services
  • Financing and capital raising
  • M&A, joint venture, corporate and securities matters
  • Antitrust regulation, counseling, and litigation
  • Privacy and cyber security matters
  • Vendor and supply chain disputes
  • Labor and employment policies, disputes and strategies
  • Global mobility
  • Customs and trade
  • Transfer pricing and related tax issues
  • Product launch and brand protection
  • Product recalls and related risk management
  • Consumer protection issues, including class actions
  • Licensing and royalty arrangements
  • Government affairs and public policy matters

By drawing on our cross-disciplinary team of regulatory, transactional, and litigation attorneys, who bring not only valuable private practice experience, but knowledge and insights coming out of senior government and corporate positions, we help clients anticipate and capitalize on trends and developments as they relate to the use, creation, and adoption of technology to strengthen and accelerate their business.

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Insights

  • Speaking Engagement | 06.12.24

    "Special Focus on China: New, Unique Considerations Affecting Your Compliance Strategy," American Conference Institute: FCPA Enforcement and Compliance, San Francisco, CA

  • Speaking Engagement | 04.10.24

    "Cyber–Artificial Intelligence Panel," Mid-West Regional DSAC Conference 2024, Creve Coeur, MO

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Representative Matters

  • Fiber optic right-of-way class actions. We serve as national coordinating counsel for a major transportation company in a series of class action lawsuits in 30 states against railroads and telecommunications companies seeking damages as the result of the installation of fiber optic cable on railroad right-of-way.
  • Cellular phone late fee class litigation. Crowell & Moring represents a leading telecommunications company in a series of consumer class actions filed in Maryland state court alleging excessive late fees for billing payments. We have taken the lead in organizing a joint defense group of cable-wireless, and other communications company defendants sued in similar lawsuits.
  • Copper pricing antitrust litigation. Crowell & Moring is pursuing a major action on behalf of a group of 23 indirect copper buyers, including telecommunications companies, alleging worldwide price manipulation by a copper broker.
  • Achieved dismissal of qui tam case brought by DCAA auditors based on information they obtained in the course of their own audit. Wercinski v. IBM, 982 F.Supp. 449 (S.D. Texas 1997).
  • Successfully represented AOL in first Internet monopolization case involving on-line access and marketing of computer games, and prosecution of counter claims involving theft of proprietary assets.
  • Constitutional challenge to the Federal Communication Act of 1996. We obtained a landmark decision from the Texas District Court holding the provisions of the Act that singled out a named group of Bell Operatings Companies to be unconstitutional under the little-used Bill of Attainder Clause. The Fifth Circuit reversed 2-1, however, over a lengthy dissent.
  • Federal District Court suit to prevent use of infringing domain name. We successfully brought a quick end to use of a name that infringed our client's registered trademark, in a settlement that included payments covering attorneys fees. We represented a coalition of broadcast and telecommunications industry associations in supporting the FCC's successful defense of its radiation hazard rules for radio frequency licensees in the US Second Circuit Court of Appeals.
  • In a six-month arbitration hearing, obtained a $35 million copyright royalty award for a coalition of U.S. commercial television stations, and protected the award on appeal.
  • Obtained an ASBCA decision that government diversion of radios from one foreign customer to another constituted a "constructive change," entitling the contractor to the difference between the contract price and the price for which the radios would have been sold directly. E-Systems, Inc., ASBCA No. 21091, 82-1 BCA 15,774.
  • Defended company and individuals in ten-day jury trial, after which case settled for nuisance value. United States ex rel. Carpenter et al v. Harris Corp. (E.D. Va No. 98-1727A)
  • Grupo Sistemas Interegrales de Telecomunicacion S.A. de C.V. v. AT&T Communications, Inc. 1996 (WL 312535 (S.D.N.Y. June 10, 1996) Successful defense of US company from claims of breach of contract and fraud arising from sale of satellite communications equipment to a foreign corporation.

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Insights

  • Speaking Engagement | 06.12.24

    "Special Focus on China: New, Unique Considerations Affecting Your Compliance Strategy," American Conference Institute: FCPA Enforcement and Compliance, San Francisco, CA

  • Speaking Engagement | 04.10.24

    "Cyber–Artificial Intelligence Panel," Mid-West Regional DSAC Conference 2024, Creve Coeur, MO

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Insights

Speaking Engagement | 11.13.24

“Fall 2024 CLE Workshop: Sponsored Research and Technology Transfer, Opening Plenary,” National Association of College and University Attorneys (NACUA), Washington, D.C.

Publication | 09.06.24

The State Law Landscape After Justices' Social Media Ruling

Speaking Engagement | 06.12.24

"Special Focus on China: New, Unique Considerations Affecting Your Compliance Strategy," American Conference Institute: FCPA Enforcement and Compliance, San Francisco, CA

Speaking Engagement | 04.10.24

"Cyber–Artificial Intelligence Panel," Mid-West Regional DSAC Conference 2024, Creve Coeur, MO
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Professionals

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Insights

  • Speaking Engagement | 06.12.24

    "Special Focus on China: New, Unique Considerations Affecting Your Compliance Strategy," American Conference Institute: FCPA Enforcement and Compliance, San Francisco, CA

  • Speaking Engagement | 04.10.24

    "Cyber–Artificial Intelligence Panel," Mid-West Regional DSAC Conference 2024, Creve Coeur, MO

View All Insights

Practices

Industries

Contact

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Insights

  • Speaking Engagement | 06.12.24

    "Special Focus on China: New, Unique Considerations Affecting Your Compliance Strategy," American Conference Institute: FCPA Enforcement and Compliance, San Francisco, CA

  • Speaking Engagement | 04.10.24

    "Cyber–Artificial Intelligence Panel," Mid-West Regional DSAC Conference 2024, Creve Coeur, MO

View All Insights