Software Technology + Artificial Intelligence

Smith Anderson counsels innovative companies with software, SaaS, artificial intelligence (AI) and related emerging technologies, from startups to global companies. Our attorneys combine deep industry experience with business-focused legal strategies to help clients grow, scale and protect their innovations. 

Our integrated approach supports clients across every stage of the product and business lifecycle. Our Technology Transactions lawyers structure deals to fuel growth, from strategic licensing and collaborations to day-to-day commercial agreements. Issues with data management and commercialization are efficiently cross-staffed with the firm’s Data Privacy and Security attorneys, who provide strategic data counsel on privacy, cybersecurity and regulatory compliance. Our Trademark & Copyright and Intellectual Property teams help companies acquire, maintain, enforce and defend intellectual property assets across technology sectors, including representing clients in IP disputes and litigation. And when it is time to combine forces with another company, our thirty-plus Mergers and Acquisitions team handles private and public acquisitions, leveraged buy-outs, joint ventures, strategic alliances, and defensive planning for software-related businesses of all sizes. With technical backgrounds, we bring valuable insight into the operations and legal frameworks that shape your industry, advising both technology providers and customers nationwide and beyond.

Areas of Focus

Software; Machine Learning (ML) and Artificial Intelligence (AI); Data and Analytics; Cloud Services; Outsourcing; Open Source; Video Gaming and Digital Assets; Augmented Reality/Virtual Reality; IoT; Blockchain; Digital Marketing; Esports; Online Retail and E-Commerce; Financial Services; Software as a Service (SaaS), Platform as a Service (PaaS) and Infrastructure as a Service (IaaS).

Why Clients Choose Us

• Deep Industry Insight: We know the technologies and legal frameworks that frame your market. Our breadth of experience allows our lawyers to respond quickly to client needs while staying on top of rapidly developing market trends, including the explosion of artificial intelligence.
• Practical, Scalable Solutions: From bespoke strategic transactions to commercial matters arising in the ordinary course of your business, we provide practical, business-focused advice to meet your legal needs where they are.
• Full Lifecycle Support: We develop deep relationships with clients that allow us to provide results-oriented advice and legal strategies to help you advance your business needs, often for many years over many business cycles.

Software, SaaS & Cloud Services

• Negotiated and closed over 1,000 software-related agreements across North America, Europe and Asia with individual deal values from several thousand to several hundred million dollars. 
• Routinely advise clients offering SaaS products (sold directly or through reseller, white label and channel partner arrangements) as well as on-premises, open source, dual-licensing and source-available modes of software distribution.
• Represented clients procuring and providing cloud services for high intensity computing needs such as analyzing large data sets and rendering video.
• Counseled client providing application platform for online banking and related services on licensing structure with third party developers and financial institutions.
• Served as lead counsel for publicly-traded health information technology companies in several mission-critical outsourcing arrangements (CRM, ERM) to enhance technology infrastructure and market offerings.
• Represented a public telecommunications company in a global R&D outsourcing arrangement and related strategic counseling on IP development and ownership issues.
• Advised a genome editing company with data analytics software on licensing to global pharmaceutical companies.
• Represented an agtech software development and data analytics company in collaborative development agreements related to platform software solutions and licensing of algorithm and data processing technologies for the agriculture industry.
• Counseled numerous clients in negotiating vendor contracts with SaaS providers, including issues relating to privacy, data use and data transfers under HIPAA, GDPR, CCPA, and other state, federal, and foreign privacy laws.
• Defended a leading U.S. bank, an enterprise technology developer and an international identity company in multiple patent infringement cases in courts across the country on claims involving online banking software systems, point-of-payment computer systems, and digital signatures technology.   

Artificial Intelligence & Machine Learning (AI/ML)

• Represented clients with AI-driven products for a wide variety of applications, from drug discovery and tumor imaging to fraud detection and logistics.
• Represented client using pollinators and AI-based software to measure and track biodiversity at customer sites, providing strategic guidance for contracting with vendors and customers.
• Counseled life sciences software company with AI-based software for coordinating decentralized clinical trials on developing and implementing modular software licensing strategy.
• Advised clients on AI governance and risk mitigation, including clients in highly regulated fields (human resources, financial services and health care). 
• Structured licensing, model training and data-sharing frameworks for AI service providers and users.

Data, Analytics & Marketing

• Counseled client providing cloud-based business intelligence products on data and content licensing strategies, and privacy and security matters.
• Advised data and mapping provider on strategic partnerships to license data for use in consumer electronics.
• Advised digital marketing agencies on social media influencer agreements, sponsorships and related digital promotional agreements. 
• Assisted multiple e-commerce vendors in developing terms of use, privacy policies and commercial agreements for use in an online business.
• Advised clients on data use, privacy, and marketing obligations under HIPAA, FERPA, COPPA, CAN-SPAM, CCPA, GDPR, and other state, federal, and foreign laws and regulations. 

Video Games & Virtual Reality

• Advised a leading video game company in the sale of a game franchise to a global computer software company and assisted in the development of an innovative licensing model for the client's video game development software.
• Negotiated novel business models and monetizing strategies for digital humans and blockchain-based assets for use in the metaverse.
• Negotiated software licensing deals for virtual reality entertainment experiences with celebrities and custom merchandizing for major fashion brands.
• Advised a medtech solutions company using virtual reality to provide access to medical records in novel way.