The Heart of Your Business

Intellectual property – patents, trademarks, copyrights, and trade secrets – are often the core assets of a business. From augmented and virtual realities, to streaming videos, to Big Data, to hardware and software, it is a rapidly changing technology landscape with significant impacts to business success. Carr McClellan’s lawyers cut through the confusion to deliver practical, strategic approaches that limit our clients’ liability while supporting their business objectives.

Technology Transactions

When it comes to hammering out a deal, you need strong experts in your corner who can secure the most favorable terms possible. Our wide range of experience in technology gives our clients a big advantage in negotiations, and our cross-disciplinary team carefully looks out for their IP matters and other potential areas of conflict.

IP Protection & Litigation

For many of our clients, their intellectual property — their innovations and ideas — is the heart of their business. We know this, and we’ll push as hard as we can to protect their IP rights in the U.S. and globally, and in all areas: trademarks and branding, copyrights and patents, dilution, trade secrets, and unfair competition. And in this fiercely competitive environment, we’re ready to enter the courtroom to prosecute and defend infringement actions.

Privacy & Data Security

Big Data is all over the news, and for good reason. Increasingly, Big Data isn’t a tool that supports your business activities — it’s a prime asset, and you need to protect it. Our focus is always on helping you advance your business goals while minimizing your liability, and we not only help you dodge the many pitfalls, but we also help you find the opportunity.

Representative Matters

Transactional Matters
  • Drafted and negotiated numerous software development and licensing, Internet advertising, OEM, VAR, teaming, sales representative, distribution, revenue sharing, hardware development and leasing, services, consulting, website and mobile app development and hosted services, volume purchase and sale, manufacturing, warehouse, content, intellectual property and technology licensing agreements.
  • Drafted and negotiated merger and acquisition (M&A), asset purchase and financing agreements, and managed intellectual property, open source, privacy and data security due diligence processes.
  • Counseled numerous clients on privacy and data protection issues relating to targeted advertising and geographical location tracking.
  • Assisted clients in obtaining EU Safe Harbor Certification.
  • Counseled numerous clients regarding data security breach responses, including coordination of nation-wide consumer notification and negotiation with state attorney generals.
  • Counseled numerous clients on Digital Millennium Copyright Act compliance and establishing company-wide notice and take down procedures.
  • Advised clients on compliance with Payment Card Industry Data Security Standards and the development of on-line contests and sweepstakes rules.
Litigation Matters
  • Represented a major Silicon Valley company in three complex and connected trade secret cases involving its leading edge technology, resulting in a very favorable resolution.
  • Lead counsel in multi-jurisdictional trade secret and unfair business practices claim involving a leading national industrial and commercial services company.
  • Obtained large pre-litigation settlement of claims for wrongful “hacking” of computer database and misappropriation of trade secret for software developer.
  • Litigated and favorably resolved claims of fraud, misrepresentation and unfair business practices involving the design of a state-of-the-art VoIP system.
  • Obtained dismissal of federal court action with no payment by biotechnology client in trade secret suit targeting client's novel technology used for processing biofuels.
  • Settled multi-year trade secret and breach of contract action concerning client's semiconductor manufacturing technology for less than 1% of plaintiff's claimed damages.
  • Successfully defended group of over 20 registered representatives and their broker-dealer in a trade secret misappropriation claim; defeated TRO and preliminary injunction leading to favorable resolutions of claims.
  • Lead counsel in multiple cases involving claimed breach of software license agreements.
  • Successfully prosecuted a claim through trial against a former president of a dairy company and his successor dairy-employer for misappropriation of trade secrets.
  • Prosecuted and favorably resolved a trade secrets claim for a regional accounting temporary services agency against four former principals.
  • Successfully defended an executive who moved from one large business consulting company to a competitor in a trade secret case.
  • Obtained a pre-litigation settlement with the principal of design consulting business for trade secret infringement.
  • Obtained permanent injunction against hotel chain prohibiting chain’s use of client’s service name and mark.
  • Lead trial counsel in an extended arbitration before the AAA concerning the breach of complex software license agreements in the telecom industry.


Supreme Court Decision Threatens Internet Television, But There Is Hope
California Online Privacy Protection Act – Do Not Track Amendment
HIPAA and the Omnibus Rule: How to Assess Whether and What your Company Must Do to Comply
Finally – Video Privacy Protection Act Amended for the Internet Era
California Attorney General Issues Mobile Industry Privacy Guidelines
FCC Issues Revised Rules Restricting Telemarketing Calls
FTC Final Privacy Report: How It Impacts Business
Trade Secret Protection For Customer Lists