Technology

Digital Contracts and Technology Transactions

We regularly advise clients on complex commercial agreements involving the acquisition, licensing, and integration of technology products and services. From software development and deployment to cloud service migrations, our team supports:

• Application Service Provider (ASP) and Software as a Service (SaaS) agreements
• Hosted application arrangements and support/maintenance contracts
• Software and hardware licensing, including open-source and hybrid licensing models
• Technology implementation projects, including Enterprise Resource Planning (ERP), Customer Relationship Management (CRM), and Human Resources Information System (HRIS) rollouts
• Escrow agreements, service-level agreements (SLAs), and performance benchmarks

We work closely with legal, procurement, and IT teams to structure agreements that address business-critical issues such as performance expectations, service-level guarantees, vendor performance, indemnity, and exit strategies.

Websites, Digital Platforms, Social Media & E-Commerce

Modern digital platforms require sophisticated legal support to manage their complexity and exposure. We help clients design legal frameworks that power e-commerce sites, marketplaces, customer-facing apps, social media and influencer marketing, and multi-tenant digital platforms. Our team is mindful of ensuring that marketing strategies are aligned with evolving regulations and platform policies. We advise, create, implement and support:

• Terms of Use
• Terms of Service
• Privacy Notices
• Acceptable Use Policies
• Online Promotion, Sweepstakes, and Contest Rules
• Brand Content Agreements
• Colocation, Cloud Computing, and Data Center Service Agreements

Litigation and Disputes

Shumaker's Technology litigators handle all manner of disputes in the technological and digital realm for both established and emerging companies. We strongly believe that understanding our client's business and its technologies are key to strategizing and resolving disputes in a manner that meets our client's goals. Since we carefully draft agreements with a keen eye toward potential litigation, as well as providing contractual clarity to an effort to avoid such disputes, we are well prepared in the event a dispute were to occur. We are experienced in representing most industry sectors with the following types of disputes:

• Software, Hardware, and Technology
• Performance
• Trademarks, Copyrights, and Trade Secrets
• Privacy and Publicity Rights
• Social Media
• Domain Name
• Online Transactions and Account Ownership
• Defamation and Libel
• Confidentiality
• Data Breach
• Employment and Contractor Issues

Shumaker is prepared to not only serve as counsel to our clients, but their partners, whether that means seeking early settlement from a position of strength or litigating the matter.

Strategic Sourcing and Outsourcing

Modern enterprises increasingly rely on long-term relationships with technology vendors for mission-critical systems and services. We help our clients manage these relationships strategically through robust contract frameworks that reflect evolving operational needs and regulatory expectations. Our experience includes:

• IT outsourcing (ITO) and business process outsourcing (BPO)
• Managed services agreements for infrastructure, help desk, and cybersecurity operations
• Cloud services procurement, including Infrastructure as a Service (IaaS) and Platform as a Service (PaaS) agreements
• Data processing, storage, and analytics outsourcing

We negotiate agreements that balance flexibility with predictability, offering clients tools to manage performance, transition risk, and long-term vendor strategy.

Technology and IP Commercialization

Intellectual property (IP) lies at the heart of every technology business. We help our clients unlock the full commercial value of their innovations through thoughtful structuring and strategic licensing. We assist clients in monetizing IP, negotiating complex licensing deals, and evaluating technology assets in corporate transactions. Our team provides guidance on:

• Data licenses, platform access rights, and white-label software arrangements
• Ownership and usage rights in custom-developed technology and joint ventures
• Technology transfers and commercial technology spin-outs
• IP representations and warranties in financing, M&A, and strategic investment transactions

We also assist in resolving disputes around IP ownership, software performance, and contract enforcement in tech-heavy joint ventures or product partnerships.

Technology M&A and Strategic Transactions

We advise on technology-intensive transactions across industries, including:

• Strategic M&A involving proprietary platforms, SaaS businesses, or data-centric operations
• IP and software due diligence for venture capital and private equity deals
• Transition services agreements (TSAs), interim licensing, and vendor assignment during post-close integrations
• Technology carve-outs, licensing back of legacy platforms, and internal spin-offs

Industry Depth and Sector Knowledge

Our team serves clients in sectors where innovation and operational technology intersect, including:

• Software and SaaS development
• Telecommunications and managed services
• Digital commerce, logistics, and fulfillment
• Financial technology (fintech) and payments
• Media, gaming, and consumer apps
• Health tech and life sciences

We bring industry-specific insight to every engagement, helping clients address both legal complexity and market-specific expectations.