Whyte Hirschboeck Dudek S.C. has one of the Midwest’s leading technology law practices. We address the unique challenges inherent in contracting and claims resolution processes involving the design, development, implementation, operation and maintenance of complex information technology (IT), telecommunications and e-commerce solutions. We are knowledgeable and experienced in transactional, administrative, legislative and governmental approval processes.
Members of our team have graduate level technology knowledge as well as experience in programming, systems analyses, software engineering and application development to achieve our clients' goals.
Our team members founded the Wisconsin IT Leadership Association (WITLA), as well as the State Bar of Wisconsin’s IT and E-Commerce Committee of its Business Law Section—actively participating on the UCITA and UETA Study Committees. We have served on the National Technology Panel of the American Arbitration Association, and have obtained initial course certification from the Computer Security Institute to augment our industry-leading focus on frequently overlooked issues surrounding system security.
Our Experience
Our practice is an integrated multidisciplinary team. Our members are experienced in software and business method patents, trademarks and copyrights in addition to our experience with the unique issues that arise from the “process” nature of many IT projects. We possess industry experience in engineering and consulting in both the wireless and wireline segments of the telecommunications industry.
WHD has advised clients on the full range of contracting and business issues associated with IT projects including:
- Software providers
- Remediation consultants
- Insurance companies (in both policy analysis and coverage drafting)
- Manufacturing and service industries
- Large and small commercial consumers and distributors of IT products
- ILEC telecommunications companies
- Fixed wireless ISP's
Litigation and ADR ExperienceMembers of WHD's Technology Law Team work with our
Business & Commercial Litigation Team to represent our clients' interests in court, administrative agencies and ADR. Our professionals have:
- Represented clients in litigation against such industry giants as Microsoft and Yahoo!, including compelling disclosure of message board posting activity to point of origin
- Litigated a number of the early cases on behalf of corporate clients subjected to inappropriate mass distribution of defamatory material through fax and Internet websites and message board postings
- Arbitrated IT disputes
- Acted as arbitration neutrals in single and multiple panel appointments
Representative Engagements
Our professionals have managed transactional matters including:
- The structure and implementation of joint software development between complementary industry participants
- Website development and hosting arrangements and associated service level agreements (SLAs)
- Software patent and copyright protection and licensing
- Preparation and negotiation of enterprise-wide integration and implementation contracts
- Extensive analysis of rights and privileges in ISP activity
- Assistance in development of ASP and associated customer, data center and other co-provider agreements
- Network penetration agreements
- Cable modem & DSL agreements
- Representing telecommunications providers on a full range of regulatory issues including regulatory initiatives, compliance and administrative proceedings before the Wisconsin Public Service Commission
- Representing telecommunications providers in the sale and purchase of telecommunications assets including all aspects of regulatory and real estate compliance including public service commission filings, hearings and approvals, review and advice relating to FCC requirements, and real estate issues involving title, easements, surveys and closing functions
- Representing a multiple-carrier commission in the negotiation and approval of a telecommunications plan (including lease agreements and revised ordinance) with a major, growing Milwaukee community
- Representing telecommunications providers on corporate issues relating to corporate policy, publication and errors; litigation of claims relating to general corporate functions and regulatory issues; and all financial, regulatory, and real estate requirements relating to change in corporate entity and formation
- Negotiating placement of and obtaining approval for telecommunications infrastructure including towers and antenna throughout the state of Wisconsin and litigating claims arising from site related issues
- Negotiating and securing approval of conditional and special use permits and wireless communications facilities ordinances
- Advising and representing local and national wireless telecommunications service providers including carriers, tower owners and telecommunications construction businesses on network development matters, including the development of a digital wireless network in Wisconsin, with a focus on acquiring real estate interests, securing governmental approvals and negotiating lease and license agreements
- Planning, developing and implementing strategies related to contracts for service to local governments for a national telecommunications provider
- Negotiating cable television franchise agreements and franchise transfers
- Speaking nationally on regulatory, contractual and business issued related to telecommunications, including wireless siting, competitive entry, technology contracting and real estate issues
- Drafting and negotiating agreements related to telecommunications equipment, facilities, transport, systems and technology