Software

In Depth

We represent 1,000+ public and private software companies. Our clients range from brand-new startups developing the next hot mobile application to publicly traded platform software companies, as well as the investors funding these technologies. Many of our lawyers have non-legal backgrounds in software, including software development, sales and banking, which allow us to provide practical advice to our clients. Whether our clients are buying, selling, licensing or developing software-based products or services, we help them attain successful business relationships while protecting their IP assets.

Corporate

Since the rise of the Silicon Valley during the 1970s, we have focused on the representation of innovative technology companies – many of which have been pioneers establishing new industries and business models. We have guided countless of these companies through all stages of corporate growth, from company formation, venture and private equity financings to mergers and acquisitions and public offerings. We also have significant experience advising on complex strategic transactions and commercial and licensing agreements.

Areas of Practice

• Commercial agreements
• Company formation
• Financings
• Fund formation
• Mergers and acquisitions
• Public financings and private placements
• Real estate, land use/zoning and leasing
• Sale and purchase of assets
• Strategic partnerships and joint ventures
• Tax

Litigation

With the DNA of Silicon Valley and the muscle of a national litigation and trial practice, Cooley litigators are at the forefront of the new legal frontiers involving our clients and their competitors, consumers and regulators. We are adept at handling high-stakes cases for our software clients, including complex commercial disputes, shareholder securities actions and anti-counterfeiting enforcement.

Areas of Practice

• Antitrust litigation
• Class action defense
• Contract and license disputes
• Employment litigation
• Privacy litigation
• Restructuring, bankruptcy and creditors’ rights
• Securities litigation
• Tax controversy
• White collar defense

Regulatory

We understand the intersection of technology and law and the impact it is having on the software industry. Our lawyers have a strong understanding of the regulatory environment and the business concerns and risks that companies faces on a daily basis. From protecting consumer and patient information and responding to regulatory agency audits to implementing corporate structures and advising on technology outsourcing and open source-related issues, our regulatory and enforcement experience is unmatched by any other firm in the industry.

• Areas of Practice
• Antitrust counseling
• Corporate governance
• Employment and benefits
• Government contracts
• Export control and international trade regulations
• Privacy and data protection counseling and data breach response

Intellectual Property

As one of the top firms in the country for intellectual property law, our lawyers provide sophisticated representation to a range of players, from trailblazing startups to some of the largest tech companies in the world. As a fully integrated, full-service practice, we provide prosecution and counseling services that allow our clients to gain the most value from their IP and represent our clients in complex infringement suits in which core products and brands, and upwards of billions of dollars, are at stake.

Areas of Practice

• IP litigation (patent, copyright, trademark, false advertising, licensing, trade secret and domain name)
• Post-grant, opposition and UDRP proceedings
• Patent and trademark prosecution and strategic counseling
• Portfolio management and monetization
• Technology transactions and licensing
• IP diligence pertaining to deals, financing and transactions