Technology & E-Discovery Industry Team

The recognition of Southeast Michigan as a major technology cluster in the United States confirms an awareness long known in the metropolitan Detroit business community: The region has the infrastructure, the educational and training foundation, and the tradition of visionary entrepreneurship to bring ideas to market, that has driven the development of some of the most important technologies and industries in the world.

Automation Alley Oakland County, the IT Zone in Ann Arbor, and Smart Detroit in the downtown area are all part of the intellectual and technology catalysts that are allowing Michigan to be a leader in the new economy. Butzel Long has positioned itself as a leading counselor and advisor to these cutting edge initiatives, and has developed a depth of capabilities in the areas of E-Commerce and Internet Law that we are able to offer our clients.

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  • Develop and draft client based web site development agreements, including online terms of use, online service agreements, acceptable use policies and privacy policies. (see Lover
  • Defended Tier 1 automotive supplier in patent litigation involving universal garage door opener technology
  • Corporate identity makeover for US technology company including global trademark clearance and registration
  • As a result of a technical network mis-configuration of access and permission rights to Protected Health Information (“PHI”), provided legal evaluation of data breach notification responsibilities.
  • Global brand/trademark portfolio management for division of major US software developer
  • Trademark infringement action
  • Develop E-mail and Internet use, Data Privacy and Social Networking policies for corporations and universities. (See Faurecia, Eastern Michigan University, Ave Maria School of Law)
  • Represented technology consulting company
  • Represented several companies in Business Software Alliance audits regarding claims of unlicensed or improperly licensed software use. (See Damian matter)
  • False advertising claims for manufacturer of computer components
  • Defended manufacturer in appeal of patent infringement action
  • Defended website owner of a health-care related site for trademark litigation against a provider of cosmetic surgery
  • Led investigation of unauthorized ACH transactions for client, and successfully negotiated a resolution between the ODFI and the Originator.
  • Asserted breach of distributor agreement claims on behalf of licensor of copyrighted computer code
  • Represented trademark owner (automotive supplier) in domain name dispute; client gained possession of infringing domain name
  • Pursuant to the request of officers of an international technology company suspecting the misappropriation of their Intellectual Property (“IP”) by employees, led the investigation to forensically evaluate the corporate servers, firewall logs and e-mail
  • Retained by corporations and universities to review and/or create data and record retetion policies, and assist with compliance and corporate process. (See Ave Maria School of Law, See Michigan Technical University, RGIS, Inc, City of Taylor, Casio North
  • Represented an international telecommunications equipment manufacturer in ICDR arbitration against its former component supplier regarding breaches of supply agreement, as well as resulting expenses and lost profit.
  • Organized complex ESI issues for an Antitrust case involving multiple languages and with unique issues with disparate operating systems and data repositories.
  • Coordinated research and counsel on negotiations of supply agreement for new battery technology for international manufacturing client.
  • Represented an international media conglomerate in connection with the European Commission's investigation into Google's actions in the online search market
  • Represented national carrier with regard to Cell Tower leasing
  • Draft and develop policies and train corporations and university personnel on HIPAA policies and procedures, including the HITECH amendments and compliance procedures for securitizing PHI and the data breach notification requirements.
  • Led due diligence and negotiation efforts for the Information Technology aspects of the purchase of a major hospital. (See William Beaumont Hosp - Bon Secours matter)
  • Negotiated technology transactions with many providers of technology products and services including Sun, Microsoft, Oracle and others.
  • Retained by Michigan Fortune 100 company to lead its internal litigation readiness initiative, which included the analysis of corporate e-mail, technology and data and retention systems.
  • Represented technology and management consulting company in covenant not to compete
  • Defended web-based retailer in a trademark infringement action brought by a major OEM over domain name
  • Negotiated extensive laboratory information system for major hospital system.
  • Retained by global corporation to work with German counsel and assist in navigating cross-border data issues involving the European Data Privacy Directives and providing solutions for data privacy, access and transfer in U.S. based litigation.
  • Defend manufacturer in patent infringement case
  • Partial summary judgment in breach of contract and fraud case, granting default judgment for e-discovery abuses, and subsequently awarding $4-million judgment, attorneys’ and experts’ fees, and costs.
  • Acted as local counsel on behalf of a company accused of cybersquatting
  • Represented telecommunications equipment company regarding Uniform Trade Secret Act
  • Recapitalization transaction with a private equity investor for an IT consulting company
  • Represent corporate purchasers of software and technology in performance disputes with vendors.
  • Supervised and directly managed processes for the identification and data harvesting of relevant data repositories, including multiple systems (both current and legacy), for an international client with cross-border facilities.
  • Pursuant to break-in of a client’s facilities, provided data breach assessment services and analysis of data loss and legal risk exposure for a national firm that served as a custodian for personally identifiable information.
  • Represented a technology and management consultant company that primarily provided services to health care providers
  • Lead negotiator for information technology outsourcing relationship on behalf of a large hospital system. (See Mount Clemens General Hospital CareTech matter)