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

California Proposes New AI & Automated Decision-Making Technology Regulations

The California Privacy Protection Agency (CPPA) released its draft  regulatory framework for automated decision-making technology (ADMT) on November 27. These regulations are a preview of what new requirements may look like for companies currently...

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News

Winston Liaw Named a Leadership Council on Legal Diversity Fellow

Northern California legal powerhouse Farella Braun + Martel is proud to announce that Winston Liaw has been named a Leadership Council on Legal Diversity (LCLD) Fellow for 2024. Winston joins a select group of...

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Publication

Is the Copyright Threat to Generative AI Overhyped? Implications of Kadrey v. Meta

In November 2023, Meta successfully had nearly all of the claims against it dismissed in the Kadrey v. Meta Platforms, Inc. suit, a victory with potential implications for other technology companies with generative AI tools...

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News

Scraping Battles: Meta Loses Legal Effort to Halt Harvesting of Personal Profiles

Alex Reese spoke to Matt Fleischer-Black of  Cybersecurity Law Report about the Meta v. Bright Data decision and its impact on U.S. scraping case law. Read the article here (paywall or trial).

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Publication

Court Reinstates CPPA Enforcement Authority and Confirms No Delay Necessary for Enforcement of Future CCPA Regulations

A recent appellate decision has made clear that the regulations promulgated under California’s groundbreaking consumer privacy law, the California Consumer Privacy Act (CCPA, as amended by the California Privacy Rights Act (CPRA)), are ripe...

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News

Farella Wins Complete Defense Ruling at Trial for Smart Meter Technology Company

Northern California legal powerhouse Farella Braun + Martel secured a complete defense victory for a smart meter technology company following a two-week bench trial in the U.S. Bankruptcy Court for the Southern District of California...

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Publication

Major Decision Affects Law of Scraping and Online Data Collection, Meta Platforms v. Bright Data

On January 23, 2024, the court in Meta Platforms Inc. v. Bright Data Ltd. , Case No. 3:23-cv-00077-EMC (N.D. Cal.), issued a summary judgment ruling with potentially wide-ranging ramifications for the law of scraping and...

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Publication

It Wasn’t Me, It Was the AI: Intellectual Property and Data Privacy Concerns With Nonprofits’ Use of Artificial Intelligence Systems

In today's rapidly changing technological landscape, artificial intelligence (AI) is making headlines and being discussed constantly. To be sure, AI provides a powerful tool to nonprofits in creating content and exploiting for countless cost-effective...

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News

Farella 2024 Partner Elevations: Cynthia Castillo and Greg LeSaint

Northern California legal powerhouse Farella Braun + Martel is pleased to announce the election of two lawyers to partnership effective Jan. 1: Cynthia Castillo and Greg LeSaint. “We are thrilled to elevate Cynthia and...

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Publication

A Summary of New Laws Coming for California Employers in 2024

In 2023, California has adopted several new employment laws either introducing new employee protections or codifying existing practices into state law. With these changes, employers will need to examine and adjust some of their...

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