Innovation and agility are essential ingredients for competitive organizations, regardless of industry. But, for the technology sector, the stakes have never been greater and more complex. While developments in cloud platforms and artificial intelligence accelerate the ability to experiment and power transformative opportunities, even small companies in the technology sector can now harness these powerful capabilities which were once limited to a select few, creating broader, more diverse competition.

At the convergence of technology, business, and the law, Farella lawyers fully grasp the drive to innovate and succeed. They understand the uncertainties created by competition, market dispersion, evolving regulation, a mobile workforce, global intellectual property theft, and citizen suits.

From the heart of the Bay Area of San Francisco and Silicon Valley to the Napa Valley and beyond, our lawyers partner with technology companies of all sizes to address their legal issues and business objectives related to operation, research, development, procurement, manufacture, intellectual property protection, and distribution of technologically-based goods and services.

Focus

Drawing on our extensive knowledge, experience, and familiarity with companies that operate in tech categories, such as biotechnology, electronics—mobile devices, wearables, and IOT home appliances—computers, internet applications, search engines, and retail websites, our counsel helps companies anticipate and overcome hurdles. Importantly, we offer comprehensive services and can provide critical intellectual property support in patent, copyright, trademark, antitrust, and trade secret challenges.

Our technology team includes a deep bench of seasoned trial lawyers and boasts exceptional success in conveying complex technical concepts to judges, juries, arbitrators, mediators, regulators, and other parties. For example, in a recent product liability and failure to warn case that garnered national and international attention, our technology litigation team represented a well-known multinational biotech and chemical company at trial and were successful in significantly reducing a punitive damages award by $211 million. The case is now in appeal.

Scope and Scale

Amid the relentless pace and pressure associated with the technology sector, Farella brings a combination of legal experience and business savvy that can scale with management teams from early stage through maturity. We have helped large, multinational tech companies invest in and nurture smaller companies to accelerate their growth, fend off competitors, or add niche capabilities. Likewise, we represent established and start-up life science, medical product, and healthcare companies, including biotechnology companies, medical device manufacturers, pharmaceutical companies, software companies, investment banks, and venture capital firms at all critical junctures.

Our integrated practice supports clients in stages of their corporate life cycle, including forming, financing, operating, hiring, growing, and protecting. We become trusted advisors who take a proactive and pragmatic approach to counseling and problem solving for:

  • Company formation
  • Acquisition and disposition
  • Technology transaction
  • Licensing
  • Commercial agreements
  • Corporate governance
  • Intellectual property protection and litigation
  • PTAB proceedings
  • Commercial, trade secret, and securities litigation—prosecution and defense
  • Product liability litigation and trials
  • Insurance coverage
  • Employment law
  • Tax
  • Real estate
  • White collar litigation and investigations

In addition, we assist businesses dependent on the tech innovations of others, such as enterprise software, logistics systems, privacy, and data protection. We perform technology audits and risk assessments and handle dispute resolution for clients that use technology in their products, services, or operation across a wide range of markets and industries, including sports, financial services, life sciences, energy, retail, manufacturing, consumer products, and real estate.

Firm Highlights

Publication

hiQ’s Groundbreaking Injunction Against LinkedIn Reaffirmed: Scraping of Publicly Available Data Likely Does Not Violate CFAA

The U.S. Court of Appeals for the Ninth Circuit has affirmed its prior decision , holding that LinkedIn could not block hiQ, a scraping entity, from scraping public LinkedIn profiles. The court found it was...

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News

As Feds Step Up White-Collar Enforcement, Companies Face Heightened Risks

Aviva Gilbert, Farella partner and co-chair of the firm's White Collar Criminal Defense and Internal Corporate Investigations Group, was quoted in the Corporate Counsel article "As Feds Step Up White-Collar Enforcement, Companies Face Heightened...

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Publication

California’s Pay Transparency Act (SB 1162) – Are You Prepared?

This week the California legislature passed a pay transparency act that – pending Governor Newsom’s signature – will require significant changes in how employers draft job postings and how they report pay data to...

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Publication

Survey of Pay Disclosure Laws Across the Country

There has been a wave of new state and local legislation focused on pay transparency for job applicants. Right now, Colorado State and Jersey City are the only jurisdictions that require employers to provide...

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Publication

New California Bill Requires Employers to Offer Bereavement Leave

AB 1949 , a bill passed by the California legislature and awaiting Governor Newsom’s signature, would require California employers to offer five days of bereavement leave to employees each time they lose a spouse...

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Publication

Section 230 Immunity Won’t Protect You: State and Federal Lawmakers Take Aim at Social Media Companies With Proposed Legislation Creating Affirmative Duties to Act to Prevent Harm to Users

Three new bills, one introduced in the California Assembly and two in the US Senate, are taking aim at online social media platforms. If adopted, these bills would significantly alter existing duties to prevent...

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Publication

Platform Ecosystems – The Landscape of US and EU Legislation (Webinar)

Stephanie Skaff and Nate Garhart discuss "Platform Ecosystems – The Landscape of US and EU Legislation." Several new bills targeting online platform companies are making their way through state and federal legislative bodies in the...

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News

Managing Intellectual Property's IP Stars 2022 Ranks Farella Braun + Martel Lawyers; Firm Recommended for Patent Litigation

Farella Braun + Martel’s Daniel Callaway , James L. Day , Jeffrey M. Fisher , Winston Liaw , Eugene Mar , and Stephanie P. Skaff were recognized by Managing Intellectual Property in the 2022...

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Publication

Caught in the Crossfire — How Will the War Exclusion Affect Commercial Policyholders?

The war exclusion has received a lot of attention over the past year, particularly since Russia invaded Ukraine in February. Policyholders’ concern that insurers will assert the exclusion as a basis to deny coverage...

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News

LinkedIn Loses Data Appeal

Erik Olson was quoted in the article "LinkedIn Loses Data Appeal" in CDR Magazine . In the article, Erik said: We are pleased to see that the Ninth Circuit has again affirmed, in light...

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