Company Information

WERNICK & ASSOCIATES, LTD.

Overview

Services Offered

• Information technology law and intellectual property law, including copyright, trademark, trade secret, licensing law, and data privacy law
• Handling of large complex technology and intellectual property transactions
• Strategic counseling of clients in the management of their technology and intellectual capital assets
• Dispute resolution including litigation, arbitration, mediation, and appeals
• Serving as an arbitrator or mediator in numerous technology and/or intellectual property disputes
  

Request More Information from This Company

• Arbitration begins with the contract
  
  Arbitration, one form of alternative dispute resolution, is an integral part of the fabric of many technology agreements. How an arbitration clause is drafted can have a significant impact in the event of a dispute involving the agreement.
  
  
• E-Discovery - business as usual
  
  On Dec. 1, 2006, with a change in the Federal Rules of Civil Procedure, electronic discovery “officially” moved to the top of the agenda in federal court litigation and in the minds of many in the legal and business communities. For some, e-discovery was already old news and an integral part of their legal risk management strategy — where an understanding of the technology and proper planning could go a long way in minimizing the costs of discovery and avoiding e-discovery risks. For others, though, it was a day of stark awakening.
  
  
• Computer Contracts – The Four Corners
  
  A recent United States District Court case points out some of the difficulties that can arise in a computer contract. The computer contracts were executed in 1991 and a complaint filed in 1995, initiating a lawsuit that was finally resolved by the Court August 31, 2007. The Court awarded judgment against the user for over a million dollars, and the computer vendor then made a claim to recover attorney fees (also in excess of a million dollars).
  
  
• Online Contracts – Take Notice!
  
  Most Internet sites include a terms and conditions page and a privacy statement page (indeed some jurisdictions mandate these by statute as required if the site can be viewed by citizens of that jurisdiction). Assume that a website follows best practices with its terms and conditions page and sets forth a reasonably sophisticated online agreement. When can unilateral changes to these online contracts be binding? This question was recently addressed by two different courts, resulting in two different outcomes turning on one critical fact - notice
  
  
• DMCA Provides Pitfalls and Remedies
  
  This article discusses a recent case where Digital Millennium Copyright Act notices were sent by a copyright owner that resulted in a preliminary injunction against the copyright owner, stopping the copyright owner from sending further takedown letters without court approval.
  
  
• Issues in Mergers & Acquisitions - The Prepared Seller
  
  Whether you are a business owner looking to groom your business for an eventual sale or a buyer looking to acquire a business that will add value to your existing business efforts, an understanding of the information technology and intellectual property law risks in the merger and/or acquisition is critical. Delving slightly deeper than the standard due diligence, this article suggests several items to include on your checklist of issues for the seller's due diligence.