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

Under FTC’s New Proposed Rule, Employers Will No Longer Be Able to Rely on Noncompete Agreements

The Federal Trade Commission (FTC) has proposed a rule that would prohibit the use of noncompete agreements in employment contracts. Noncompete agreements prevent employees and independent contractors from pursuing certain forms of employment &ndash...

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Publication

New Laws and Compliance Updates for California Employers in 2023

California has passed several new or amended employment laws covering topics ranging from off-duty marijuana use, reproductive rights, California Family Rights Act, COVID-19, criminal law and the workplace, new avenues of enforcement against employers...

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Publication

What Recent Rulings in 'hiQ v. LinkedIn' and Other Cases Say About the Legality of Data Scraping

LinkedIn obtained a permanent injunction on Dec. 6 in its six-year-old lawsuit against data scraping company hiQ Labs, which LinkedIn quickly cheered as a “final, decisive victory” that established an “important legal precedent.” While...

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Publication

One Pending Supreme Court Case Could Change the Internet as We Know It: Gonzalez v. Google and Tech Platforms’ Liability

The Supreme Court granted certiorari in Gonzalez v. Google , a high-stakes case appealed from the Ninth Circuit about the scope of protection Section 230 of the Communications Decency Act affords technology companies against...

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News

Legal experts say Google, Twitter and other tech companies dodged a bullet at the Supreme Court

Erik Olson spoke to Silicon Valley Business Journal for the article "Legal experts say Google, Twitter and other tech companies dodged a bullet at the Supreme Court." The Supreme Court avoided taking a stand...

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News

Big Tech Breathes Sigh of Relief After Justices' Terror Rulings

Erik Olson spoke to Law360 for the article "Big Tech Breathes Sigh of Relief After Justices' Terror Rulings," covering the U.S. Supreme Court's decision not to review whether Section 230 insulates online platforms from...

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Publication

California Extends Presumption of COVID-19 as Workers’ Compensation Injury and Modifies Notice Requirements for Potential Exposure

In addition to AB 152 extending COVID-19 leave through December 31, 2022 , Governor Gavin Newsom has also signed into law two other COVID-related bills—AB 1751 and AB 2693—affecting employers’ policies regarding employees who...

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Publication

Failures Are Valuable IP: Protect Your Startup’s Negative Trade Secrets

Technology companies and start-ups are familiar with protecting inventions with patents, and protecting their secret formulas, source code, and algorithms as trade secrets. But tech companies may not be aware of another powerful form of...

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Publication

How Companies Can Stop Trade Secret Disclosure in California

When an executive, founder, or employee with access to trade secrets or confidential information leaves a company to work elsewhere, employer trade secrets might be used by a competitor. Under two laws, California’s Uniform...

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Publication

How To Avoid Allegations of Trade Secret Misappropriation in California

When departing a company, an executive, founder, or employee with access to trade secrets or confidential information may face legal allegations around whether they will use or disclose their former employer’s trade secrets at...

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