JOHN P. O’BRIEN
TECHNOLOGY ATTORNEY

New Jersey Technology Attorney

Technology innovation is inevitable in our everyday lives. Technology greatly influences organizational populations by changing the importance of resources, changing markets, altering the basis of competition, facilitating contact communications, and challenging organizational learning capabilities. As technology continues to restructure the way we live and work, it is evident that every industry will be disrupted by innovation. The significance of intellectual property (IP) rights in the technology industry should be obvious, as newfound ideas are often considered currency in the 21st century. In spite of this, it is the ability to protect these ideas and inventions that provides them with their economic value.

A vast majority of economists agree that technological innovation is a powerful force and driver of economic growth, but when it comes to technology, the most important thing is to make sure that it is properly acquired, supported, and used. Necessary requirements needed to protect an innovation will vary depending on the nature of  the technology, the intended marketplace for that technology, and the prior art and competitive landscape for that technology in the marketplace.

Whether you are a developer, business client, or independent contractor, you should know that technology transactions are not a one size fits all, and the requirements for the same application can vary from client to client. It is important that you understand the alternatives, and potential trade-offs available, through effective legal advice so that you are able to make an informed decision. Working alongside a dedicated technology lawyer with the right practice and experience can help.

Technology Based Services

Trial Software Licenses

Service Level Agreements

Professional Services Subcontracts

Loaner Agreements

Sales Order Terms - Acceptance Tests

OEM, Distribution & Reseller Agreements

A Knowledgeable Ally in Technology Licensing Matters

Every deal related to technology is different, and a thorough analysis of the parties, agreement objectives, and possible future disputes is necessary in order to minimize the risks associated with the agreement. An unwise decision with respect to dispute resolution can ultimately cost thousands in unexpected expenses. Likewise, the careless drafting of provisions dealing with intellectual property rights or other statements of work can have devastating effects on a party in the event of a dispute. Whether you are a software vendor or a prospective customer, New Jersey Technology Lawyer John P. O’Brien can develop a constructive framework custom for you, which will help you reach your goals.

Technology Attorney John P. O’Brien has a law firm based in New Jersey that focuses on licensing agreements and technology transactions. The firm represents both vendors and customers in its technology transactions. Attorney O’Brien also has extensive experience in negotiating with vendors and clients alike that are Fortune 500 companies. Moreover, Attorney O’Brien understands that tech companies have both standard business needs as well as a variety of requirements that are closely tied to the dynamic technology market that they serve. As an active adviser and counsel to various members of that tech community, Attorney O’Brien provides essential information and advises on transitions from text-book to practical in a manner that is difficult. Things like constructing an acceptance testing; constructing appropriate contract remedies for a project; when a Loaner vs. a POC makes sense; input on SLAs, providing SOW advice, when a Referral agreement makes sense vs. a Teaming Agreement vs. a Re-seller Agreement vs. an OEM Agreement.

Although any counsel can respond to the agreement your business, your customer, or your vendor provides, it is important to discern whether that is the right agreement for the relationship you envision for your organization. Attorney John P. O’Brien has the experience and practice you need to help you navigate the distinctions within the context of a fluid negotiation where the relationship structure is not yet agreed, where often the best answer includes features from several classic relationships. This sort of information and advice can be the most valuable part of the process, which is the precise area that makes New Jersey Technology Attorney John P. O’Brien’s legal counsel effective and powerful for technology licensing agreements. Lawyer O’Brien will work diligently to ensure the technology transaction is streamlined and efficient. Please feel free to contact Lawyer O’Brien today at 1+(732)-219-6641 or email the firm at johnpobrienesq@verizon.net for a free consultation today.

Technology-Based Services

Intellectual property and the exclusivity afforded to its owners is critically important to businesses in today’s extremely competitive global market environment, particularly when they wish to create as well as maintain an edge over their competitors. Whether businesses agree with the importance of technology and the significance it has on virtually every market, the reality is that the value of technology as a business can only be beneficial when the transaction agreement is valid and enforceable.

New Jersey Lawyer John P. O’Brien works with all businesses, regardless of their size. He works diligently to assist and advise vendors and clients in technology agreements related to the sourcing, development, licensing, and distribution of technology assets. Attorney O’Brien’s law firm works to support his clients in developing new lines of revenue by using their technology assets effectively and providing advice in protecting and commercializing their software by drafting, structuring, as well as negotiating robust and proficient technology licensing agreements and distribution programs.

Sales Compensation Plan Review

Employment Agreements

Equity Finance Agreements

Terms and Conditions of Sale

Assignment Agreements

Real Estate Lease Reviews

Shareholder Agreements

Confidentiality Agreements

Non Competition & Invention

SaaS agreements are software licensing agreements that define the terms and conditions of a software delivery model. The fundamental obligation created through a SaaS agreement is that through procurement, data and software are centrally hosted and users can access data online. In a SaaS agreement, the customer will obtain a license to use the software under specified terms and restrictions. SaaS agreements also allow for support services from the vendor or provider, to ensure it complies with the requirements needed for the maintenance of the software. Data and security management is important for both vendors and customers alike in SaaS agreements. A SaaS agreement should include information such as the terms of service, conditions of use, privacy policies, and end user documents. Informed and strategic negotiating on behalf of all parties is key to a successful SaaS agreement. It is also to remember both parties are relying upon each other in very specific ways to ensure that they remain compliant with rapidly evolving privacy regulation bot within the US and abroad.

In the year 2021, businesses should seek to adopt new technologies in order to remain profitable, competitive, and innovative in the global market. Today, a vast majority of businesses are choosing to achieve their goals by collaborating with other organizations through outsourcing, licensing programs, strategic partnerships, acquisitions, or joint ventures. Every affiliation will require some form of licensing of intellectual property.

Intellectual property (IP) is an asset that could be exploited in a variety of ways and through effective licensing and strategic collaboration, the IP can provide mutual benefits for both vendors and customers alike. Information provided in the license will depend on what is being licensed, such as patents, copyright material, and registered designs. In addition to granting necessary rights to use the relevant technology, a technology license agreement will also usually cover the provision of design information. Other important information that should be provided includes technical information and assistance, royalties, performance, and the grant of rights.

Statistics indicate that in the year 2021, licensing activity has remained at an all-time high. Technology licensing provides those who need to learn to expand their business by creating new lines of revenue the opportunity to find and achieve their goals in a cost-effective manner. Like all other forms of agreements, however, technology licensing requires strategic negotiating in order to be successful.

Licenses could be granted to a business for a limited duration to use software and determine whether the purchase of the software is essential. The “trial” version of the software should be used to review and evaluate the software for a limited period of time. Trial versions could have limited features and an efficient agreement should outline these limitations.

Service-level agreements (SLAs) define the level of service to be expected from a vendor. These legal contracts lay out the metrics by which the service should be measured, along with the penalties or remedies applicable should the services agreed upon be not achieved. Although SLA templates can be easily searched for online, they are a critical component of all technology vendor contracts and should be unique to each individual business. Taking the time to search for a template accessible online will not include the intricacies regularly required in most technology transactions.

Subcontracts and professional services agreements (PSAs) are binding contracts that outline the services a vendor will provide another business or customer. Independent contractors or subcontractors carry out the services included in subcontracts whereas vendors provide the services detailed in PSAs.

Vendors with high-tech assets should be careful when it comes to lending their software technologies. When it comes to the nebulous world of IP, it can sometimes be difficult to define and enforce legal rights without a robust contract. Software and technology lenders should seek to secure their assets when a loan is made. A loaner agreement should define the penalties in the event of the failure of a business service or a default on a loan by a customer.

Consulting agreements can vary greatly, but they generally define the services that are to be retained, for a specific period of time and under a specific rate of compensation. In a contract, a statement of work (SOW) for consulting services should be clarifying and should also communicate details of a project to vendors, contractors, and customers alike. An SOW will describe the scope of work, project of service, and deliverables to be legally expected. Negotiating is indispensable in consulting agreements and SOWs.

All enforceable legal agreements consist of three elements – an offer, acceptance, and consideration. Offers become legally enforceable when they are accepted. Acceptance tests can be demanded by customers to ensure the product works the way it was intended to and to gain the confidence of the product.

Original equipment manufacturer (OEM) agreements are used by companies that take components of a product from one or more parties to build another product that is then sold under that company’s brand and name. IT products and the companies that own them form ambiguous relationships as a result of the blurred lines between the designers, resellers, and manufacturers. An OEM agreement should address issues regarding quality assurance, confidentiality, payment, branding, as well as time frames.

If you engage a third party to act as a sales agent for you with a specific customer, group of customers or within a territory, you are still the party contractually responsible to the customer. A referral agreement might make be well suited to define and control that sales referral relationship. They generally offer your products under your terms under your quote, and the agent would be entitled to compensation upon completion of that sale and customer payment. However, it is important to define each parties rights with respect to future sales with that customer, renewals, can the agent offer other products, etc.

Helping clients identify and navigate the legal risks associated with their business can provide solutions. Providing effective legal advice and managing relationships with outside counsel can allow vendors and customers alike the opportunity to focus on other vital aspects of their business.

General Counsel Concierge Service

New Jersey Technology Attorney John P. O’Brien has extensive professional experience in providing effective legal advice to sales operations leaders in hi-tech consulting and software companies of all sizes to develop, negotiate and modify business contracts, SaaS, SOW’s licenses (both in-bound and out-bound), HR Agreements, and financial transactions so that they are legally protected, present a professional image and close business faster. This often entails identifying the business and legal risks, advising clients on structures and alternatives for managing that risk, and helping to implement a solution that reflects the management’s direction, all of which the New Jersey technology law firm can handle. Completing these tasks will provide a powerful resource in navigating the challenges tech companies and tech consumers face in growing their business, managing their risks, and maximizing their profits.

New Jersey Attorney O’Brien specializes in providing clients with a Legal and Management team with a flexible senior technical counsel to address cyclical demand spikes (end of the quarter, end of the year); legal support and service for special projects and/or overflow work specializing in leasing/financing, Professional Services contracts and licensing agreements, such as software as a service (SaaS). This service provides a flexible resource that allows the legal management team to maintain a very high level of quality and time-sensitive support even when confronted with extraordinary short-term staffing challenges.

Experienced and Effective Legal Support

In addition to licensing agreements, such as SaaS contracts and aforementioned legal services closely associated with the technology marketplace, there is a broad range of general legal support services that New Jersey Attorney O’Brien regularly provides. His legal advice to clients can include performing real estate lease negotiation, Non Competition Agreements, business formation (C corporation, S-Corporations, LLCs, partnerships) Shareholder Agreements, Operating Agreements, Employment Agreements, Confidentiality Agreements, and Assignment Agreements.

Further services include: Sales Compensation Plan Review, Employment Agreements, Equity Finance Agreements, Terms and Conditions of Sale, Assignment Agreements, Real Estate Lease Reviews, Shareholder Agreements, Confidentiality Agreements, Non Competition & Invention and more

Effectively Handling Negotiations  & Disputes

New Jersey based Technology Attorney John P. O’Brien understands that a strong legal contract should allow vendors and customers alike the opportunity to establish the terms of use while also increasing their revenue. Whether it is a SaaS agreement, SLA, or other contract, when a contract is entered into without an in-depth understanding of technology laws, intellectual property, and contracts, the agreement can be dangerously broad and filled with ambiguous language. Attorney O’Brien understands how to maximize the value of technology and retain the control of tangible as well as intangible assets. With a deep understanding of licensing laws and having represented a multitude of companies ranging in all sizes, Attorney O’Brien is equipped to design, revise, and execute all enforceable agreements that help vendors and customers protect their bottom line. To arrange a free confidential consultation and obtain legal advice from experienced technology Attorney John P. O’Brien, please feel free to contact the law firm by phone by calling 1+(732)-219-6641. You can also contact Attorney O’Brien by filling out the online contact form to schedule a free consultation today.