Products Counseling Team

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Overview

Your cutting-edge products and services are connected and cross-disciplinary—and increasingly affected by novel regulatory and policy issues. Your legal team should be as well versed in your products as you are, with full knowledge of potential legal traps you may face traversing today's regulatory landscape. We boast precisely this mix. Our experienced team of lawyers has the cross-disciplinary skills needed to address your thorniest problems—and even spot the ones you didn't know you had.

Services

Product Counseling

We partner with companies to scope legal risks and obligations from product conception to market release, helping companies develop product roadmaps grounded in legal guidance.
  • Market research/competitive analysis
  • Testing/Beta/Early Access/NDAs
  • Third-party collaborations
  • NUX/OOBE/FTUE issues
  • Analysis of licensing obligations and obtain licenses, where necessary
  • Draft end-user terms, including to address high-risk or highly regulated uses 
End-of-Life/ Deprecation Support
Warranty Guidance
Updates/Upgrades

Launch Counseling

We assist companies with consumer and enterprise product launches domestically and abroad, navigating a host of legal hurdles that arise because new products present novel legal questions for your business, including those related to consumer protection, privacy and security, intellectual property, company structure and formation, regulatory licensing and compliance, product labeling and packaging, product liability, and import-export laws. We regularly help clients craft strategies to reduce regulatory risk and/or licensing obligations to the extent possible.

Policy Advocacy

We help companies interface with regulators in many ways:
  • Ensuring compliance with existing regulations
  • Advocating before regulators about novel issues raised by cutting-edge products
  • Monitoring regulatory proceedings and filing comments on proposed regulations
  • Defending clients in regulatory investigations and audits

Litigation

We represent the tech industry in the full gamut of litigation. In addition to our other litigation practices, we specifically help clients challenge or defend new state and federal regulations, litigate the meaning of those regulations, and defend clients in federal and state regulatory enforcement proceedings before agencies and in court.

Transactions

Your agreements should reflect not only your business but also your regulatory strategy. We are highly experienced in structuring agreements with partners and end user terms to reinforce clients' regulatory strategies. We draw on our experience across many regulated and highly regulated industries to find practical approaches for novel technologies that may not neatly fit in traditional regulatory boxes.

Data Strategy

We work with our clients daily to maximize the business value of data in a complex regulatory environment while minimizing information risk across the product and customer relationship lifecycle.

We tailor our advice to each client by developing data privacy and security strategies that streamlines disparate compliance obligations. Through hardening systems, we help clients prevent or mitigate cyberattack.

Recent Projects

We help clients with the full product life cycle. View recent examples of work we have done for clients.
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Recent Projects

  • Assisted Fortune 100 client with regulatory issues involved in marketing video communications product to highly regulated commercial customers.
  • Represented client in rulemaking proceeding on Section 230 liability.
  • Represent users of WeChat in challenging the legality of the federal government's efforts to ban the WeChat app.
  • Advised large telecommunications provider on developing an app for parents to track their children.
  • Advised financial services provider on how to approach an RFP by a federal government agency to provide financial data to that entity.
  • Advised large technology company's development of communications platform as a service (CPaaS), including technology, telecommunications, and privacy and security advice for partner and customer contracts.
  • Assisted large technology company with the launch of first and second generation teleconferencing devices and software.
  • Advised client on out-of-box-experience for a new consumer device, including packaging requirements and new user onboarding screens.
  • Assisted large technology company in developing go-to-market and communications plan for new XR consumer devices.
  • Assisted FinTech provider with the roll out of a contactless, closed-loop cashless payment solution for U.S. sports clubs and their fans.
  • Advised large U.S. bank with the structuring and negotiation of a series of collaboration and services agreements with large technology company to provide consumer bank accounts and related services through the technology company's applications and interfaces.
  • Advised large U.S. banks and credits unions with API licensing and data access agreements with data aggregators, including advising on the ever changing regulatory framework applicable to these activities.
  • Assisted biotech therapeutics and vaccine developer and manufacturer with clinical trial agreements and related agreements for the procurement of medical devices and clinical support.
  • Advised providers of consumer-facing cloud services and other web-based products and mobile apps serving regulated industries with the structuring and drafting of terms of use and privacy policies.
  • Assisted large communications company launch multiple wearable devices navigate various licensing schemes, including alarm system licensing, healthcare licensing, and veterinary care licensing.
  • Assisted start-up determine licensing obligations for UV disinfection device.
  • Advised multiple large technology companies on state licensing obligations for telehealth and televet apps.

Our Team

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