Bass, Berry & Sims | Practices | Intellectual Property and Technology

Practices Matters Clients Attorneys	Intellectual Property and Technology The Intellectual Property and Technology Practice Area advises emerging and established technology companies, their investors and financial advisors, as well as companies in traditional industries who use technology and the online applications and services as part of their business strategy. We provide a wide range of legal services to assist clients in addressing their business needs, including financing requirements, operational and business development efforts, and the protection, commercialization, development and enforcement of intellectual property rights. Our group comprises attorneys with backgrounds in intellectual property and technology, as well as a variety of different practice areas. These attorneys have a unique appreciation of the technical and business issues faced by clients operating in this dynamic environment, and they combine broad corporate, commercial and litigation depth with specialized expertise in the areas of law that are growing increasingly important as the interface between technology and health care brings new opportunities and new challenges. Trademark and Unfair Competition Law Members of the firm's IP/Tech Practice Area help numerous clients by searching, clearing and registering trademarks, service marks and certification marks in the U.S. Patent and Trademark Office and in various states. In addition, we coordinate with counsel in other countries to search, clear and register trademarks throughout the world. We advise our clients on the potential availability of a trademark or service mark, and, for those that seem promising, we order, review and analyze research reports obtained from leading trademark research firms. Members of the IP/Tech Practice Area then prepare appropriate paperwork for the registration of our clients' marks and handle any disputes that may arise during the registration process. Once a trademark or service mark has been registered, we help our clients develop and implement strategies to exploit and protect their marks, and monitor and maintain federal and state registrations using specialized software tracking programs. Copyright Law IP/Tech litigators at BBS handle numerous claims of copyright infringement. We represent both plaintiffs and defendants with respect to both traditional copyright matters as well as copyright issues involving technology and computer companies, such as infringement of computer software. In addition, we advise clients on copyrights generally, particularly with respect to computer software and Web-based technology. We have extensive experience in dealing with copyright problems within the entertainment industry, including music, film and television. Because of our base in Nashville, we have extensive experience with copyright issues involving the music industry, bringing to bear our litigating skills and technical expertise with respect to sound recordings and music publishing. Patent Law IP/Tech litigators have experience in handling complex patent infringement cases. Although we do not prosecute patent applications, the IP/Tech Practice Area counsels clients in the licensing, transfer, protection and enforcement of patents and related know-how. Trade Secrets We work with clients to identify and protect trade secrets. Our litigators have represented many clients in matters involving the threatened or actual misappropriation of trade secrets, and we do not hesitate to litigate, when necessary, to prevent the unauthorized use of our clients' trade secret materials. The IP/Tech Practice Area has extensive experience in drafting confidentiality and non-disclosure agreements for our clients, whether they independent consultants, vendors, employers or employees. Internet and Technology in Business We understand the cutting-edge technologies and emerging areas of law related to the Internet, and deliver forward-thinking and practical solutions to the issues created for our clients by the Internet and emerging laws. *eHealth and the Internet* - Our attorneys advise clients on issues regarding electronic commerce, digital medicine and health services and information delivered or enhanced through the use of the Internet. We routinely are involved with challenges related to online publishing and contracting issues, content aggregation, liability relating to having an Internet presence, clickwrap and subscriber agreements, co-branding and affiliate agreements, advertising and marketing agreements and similar Internet-related agreements. Attorneys in the IP/Tech group frequently are asked to review client internal policies, Web sites and online practices, offer recommendations for proactive protection of proprietary content and limiting exposure to liability, taking into consideration the industry or commercial environment. For example, Web site audits typically result in recommendations for on-screen notices and disclaimers, as well as the identification of potential claims for unauthorized use of third-party content. We also have experience advising clients with respect to electronic signatures, E-Sign, the Uniform Electronic Transactions Act and the Uniform Computer Information Transactions Act. *Intellectual Property and Copyright Protection* - Once content is published on the Internet, it may be difficult to prevent others from copying, modifying and distributing it without authorization. Our IP/Tech attorneys help clients avoid posting confidential information and suggest policies for posting copyrightable content that minimize the risks of unauthorized exploitation. Our group works with clients in copyright registration and protection and in enforcing copyright interests in a variety of contexts, including the emergence of copyright as a form of protection for computer software. Specific services include developing copyright protection strategies, performing copyright searches, preparing, filing and prosecuting copyright applications, preparing and negotiating copyright licenses, giving advice regarding the Digital Millennium Copyright Act, and providing services associated with copyright infringement litigation. We also bring together practitioners who specialize in entertainment, media and publishing law and in responding to copyright issues created by converging technologies, such as online music, streaming media and other digital content distribution. *Trademarks and the Internet* - In addition to trademark selection, registration and maintenance, we also have considerable experience in obtaining the transfer or cancellation of domain names, creating domain name license agreements, and protecting legitimate domain names from reverse domain hijacking. Whether the need is for drafting cease-and-desist letters, invoking the ICANN dispute resolution policy, or even initiating litigation in federal court pursuant to the Lanham Act or the Anti-Cybersquatting Consumer Protection Act, our firm brings experience and knowledge to bear in protecting our clients' vital interests in their trademarks and domain names. We also have helped clients in disputes regarding keyword advertising, metatags and other issues involving online trademark use. *Privacy and Information Management* - Consumers and regulators are paying increased attention to issues of personal privacy posed by the Internet. The Intellectual Property and Technology Practice Area assists our clients in complying with all federal and state laws governing privacy and the use of information, including the Gramm-Leach-Bliley Financial Services Modernization Act, the Children's Online Privacy Protection Act, the Fair Credit Reporting Act, the Drivers Privacy Protection Acts, regulations promulgated under HIPAA, and other state and federal laws. We also have experience in FTC and industry self-regulatory schemes and online privacy seal programs, network advertising standards, and other industry-promulgated codes of conduct. Technology and Intellectual Property Transactions and Maintenance The issues relating to technology and licensing and maintenance are not unique to the technology and Internet sectors. Numerous commercial and healthcare transactions involve the acquisition, licensing, development and maintenance of medical products and valuable healthcare-related technologies. We appreciate the demands of this fast-paced area of business, and have the expertise and familiarity with the technical and industry practices to provide creative, informed and practical advice. Licensing, Distribution and Transfer - We have extensive experience in the negotiating and drafting of sophisticated technology, development licensing, manufacturing and transfer agreements, including: · Development, Distribution and/or Commercialization Agreements · Software, Product and Content Licensing Agreements · Cross-License and Concurrent Agreements · Pilot Project and Beta Agreements · Shrinkwrap and End User License Agreements · Information Systems and Data Access Agreements · Technology Transfer and Procurement Agreements · Decompilation and Reverse Engineering Agreements · Maintenance and Support Agreements · Domestic and Offshore Outsourcing Agreements · Application Service Provider (ASP) Agreements · Shared Services and Software Sharing Agreements · VAR, VAD and OEM Agreements · Source Code Escrow Agreements Technology and Intellectual Property Audits - The increasing importance of technology and intellectual property assets necessitates effective protection and valuation of technology and intellectual property. Technology and intellectual property audits are often the means by which companies, particularly healthcare companies, begin the process of maximizing the value and competitive edge that these assets may provide. We work with companies and in-house counsel to design and implement an effective program for protecting inventions, copyrights, trademarks, trade and product names, trade secrets, confidential materials, and proprietary software. Intellectual Property Litigation Litigators in the firm's IP/Tech practice represent plaintiffs and defendants in most phases of intellectual property and technology counseling and litigation, handling transactions and disputes involving trademarks, copyrights, patents, counterfeiting, rights of privacy and publicity, trade secrets, unfair competition, false advertising claims, eCommerce and Internet regulation. We work with our clients to protect the security of their Web-based assets, helping to prevent or remedy theft of on-line intellectual property. The IP/Tech Litigation team has extensive dispute resolution experience, including federal and state trial proceedings, appeals and alternate dispute resolution, such as mediation and arbitration. In addition, we routinely handle matters in the United States Patent and Trademark Office and the U.S. Copyright Office. This extensive and varied trial experience provides Bass, Berry & Sims' clients with an important advantage when it comes to resolving disputes. Unlike many firms that handle intellectual property matters, Bass, Berry & Sims' IP/Tech litigators, backed by one of the most respected commercial litigation practices in the region, are prepared to try all types of intellectual property and technology disputes. All of our litigators have experience in commercial litigation, including the trial of large cases before juries. While IP/Tech litigators always are prepared to go to trial, our primary objective is always the prompt, effective and inexpensive resolution of all disputes. In most instances, we are able to eliminate the need for litigation, successfully negotiating settlements, license agreements and other intellectual property and technology business arrangements consistent with our clients' goals. Corporate and Venture Capital Services While our firm represents numerous large public and private companies, we also understand the legal issues and business obstacles facing start-up and emerging growth companies. We assist numerous technology companies in designing and organizing their businesses, and we have broad experience in addressing the crucial legal and structural issues that too often are neglected by companies in their early years. Our proficiency in this area is augmented by our extensive experience representing venture capital firms and angel investors, which gives us perspective on what makes an early-stage company attractive to investors. In addition to our extensive experience in addressing the needs of early-stage companies, our Intellectual Property and Technology Practice Area draws on the firm's experience in representing numerous public companies, investment banks, institutional investors and large, established private companies to counsel technology and Internet companies with respect to the following corporate and general business matters: seed and venture financing; public equity and debt offerings; bank financing; mergers and acquisitions; joint venture, joint marketing and strategic alliance transactions; executive and employee compensation matters, including equity incentive arrangements; federal and state tax matters. Of particular importance is our experience in assisting technology and Internet companies with the identification and protection of trade secrets, know-how, and other proprietary information. This sphere of practice includes the establishment of appropriate corporate policies and internal procedures, such as employee and independent contractor confidentiality agreements, non-disclosure agreements, trade secret audit programs, and the resolution of disputes concerning trade secret misappropriation and unfair competition claims. We also provide counsel on other important business matters, such as choosing an accountant, managing insurance risk and, when appropriate, dealing with legislative and regulatory issues. Bank Financing and other Commercial Transactions Members of Bass, Berry & Sims' IP/Tech Practice Area practicing in the areas of banking and commercial law assist clients in a wide array of financing transactions involving both the acquisition of technology and intellectual property assets and related hardware and the use of existing assets of those types to secure financing for other purposes. Our clients include financial institutions in their roles as lenders and lessors, and other clients when they are in those roles in business transactions with affiliates or others, or when they are in their more common roles as borrowers, lessees or guarantors. Traditional types of collateral in the IP/Tech area include copyrights, often in the form of music, sound recording or film catalogues; inventory such as audio and audiovisual master recordings, tapes and discs; equipment, including production and editing equipment; and computer and telecommunications hardware and software. These are being joined by emerging technology-related assets as their worth increases and they become subject to meaningful appraisals of their market value, a must for financing purposes. Our firm's wide experience in financings of all types combine with the multi-disciplinary membership in the IP/Tech Practice Area to position us very favorably to help clients maximize the benefit of the entire range of their technology and intellectual property and related assets in commercial transactions. The general knowledge of our commercial attorneys and paralegals also permits the efficient combination of these types of collateral with real estate, accounts, inventory, conventional equipment and other less specialized collateral in multi-collateral transactions of all types. The firm handles commercial transactions ranging from simple unsecured loans, single-asset secured transactions and basic asset-based financings to complex multi-lender syndicated transactions, tax-driven equipment leases and asset securitizations. All of these have applications in the realms of technology and intellectual property. Technology and the Healthcare Industry By combining lawyers from our Healthcare, IP/Tech and Corporate Practice Areas, Bass, Berry & Sims offers to a broad spectrum of healthcare clients comprehensive and varied legal advice on matters ranging from ongoing operational and regulatory compliance issues to securities offerings to merger and acquisition transactions. Our healthcare clients include, among others, hospitals, multi-hospital health systems, physicians and physicians groups, integrated provider networks, managed care organizations, pharmaceutical companies and sponsors of healthcare benefit plans. This expertise, combined with the location of our largest office in Nashville, a healthcare-concentrated market, uniquely positions us to advise healthcare organizations with respect to the technology and Internet-related challenges currently facing healthcare companies. The increasing use of technology applications in high-quality, cost-efficient healthcare raises a substantial number of legal issues on which we are able to advise our clients, including complying with the HIPAA privacy rules, interstate medical licensure, reimbursement issues, antitrust, professional liability and risk management, patient consent, and the prospect of federal regulation by agencies such as the Food and Drug Administration and the Federal Communications Commission. More generally, our lawyers have a broad base of experience in assisting healthcare industry clients in all aspects of technology and Internet-related matters, including integrated delivery systems, turn-key hardware and software systems acquisitions and development contracts, network agreements, ASP and outsourcing arrangements, and shared services agreements. Motion Picture, Television, Publishing and Music Industry Issues The entertainment practice of the IP/Tech Practice Area covers a wide range of areas, including motion pictures, television, music publishing, sound recordings and literary rights. We represent production entities in all phases of motion picture financing, production and distribution. We represent clients with respect to the acquisition and sale of motion picture, television, music and literary rights. In those cases where we are unable to negotiate a successful resolution of disputes arising within the entertainment industry, we have successfully litigated to protect our clients' rights. << top < back

Intellectual Property and Technology

The Intellectual Property and Technology Practice Area advises emerging and established technology companies, their investors and financial advisors, as well as companies in traditional industries who use technology and the online applications and services as part of their business strategy. We provide a wide range of legal services to assist clients in addressing their business needs, including financing requirements, operational and business development efforts, and the protection, commercialization, development and enforcement of intellectual property rights.

Our group comprises attorneys with backgrounds in intellectual property and technology, as well as a variety of different practice areas. These attorneys have a unique appreciation of the technical and business issues faced by clients operating in this dynamic environment, and they combine broad corporate, commercial and litigation depth with specialized expertise in the areas of law that are growing increasingly important as the interface between technology and health care brings new opportunities and new challenges.

Trademark and Unfair Competition Law

Members of the firm's IP/Tech Practice Area help numerous clients by searching, clearing and registering trademarks, service marks and certification marks in the U.S. Patent and Trademark Office and in various states. In addition, we coordinate with counsel in other countries to search, clear and register trademarks throughout the world. We advise our clients on the potential availability of a trademark or service mark, and, for those that seem promising, we order, review and analyze research reports obtained from leading trademark research firms. Members of the IP/Tech Practice Area then prepare appropriate paperwork for the registration of our clients' marks and handle any disputes that may arise during the registration process. Once a trademark or service mark has been registered, we help our clients develop and implement strategies to exploit and protect their marks, and monitor and maintain federal and state registrations using specialized software tracking programs.

Copyright Law

IP/Tech litigators at BBS handle numerous claims of copyright infringement. We represent both plaintiffs and defendants with respect to both traditional copyright matters as well as copyright issues involving technology and computer companies, such as infringement of computer software.

In addition, we advise clients on copyrights generally, particularly with respect to computer software and Web-based technology. We have extensive experience in dealing with copyright problems within the entertainment industry, including music, film and television. Because of our base in Nashville, we have extensive experience with copyright issues involving the music industry, bringing to bear our litigating skills and technical expertise with respect to sound recordings and music publishing.

Patent Law

IP/Tech litigators have experience in handling complex patent infringement cases. Although we do not prosecute patent applications, the IP/Tech Practice Area counsels clients in the licensing, transfer, protection and enforcement of patents and related know-how.

Trade Secrets

We work with clients to identify and protect trade secrets. Our litigators have represented many clients in matters involving the threatened or actual misappropriation of trade secrets, and we do not hesitate to litigate, when necessary, to prevent the unauthorized use of our clients' trade secret materials. The IP/Tech Practice Area has extensive experience in drafting confidentiality and non-disclosure agreements for our clients, whether they independent consultants, vendors, employers or employees.

Internet and Technology in Business

We understand the cutting-edge technologies and emerging areas of law related to the Internet, and deliver forward-thinking and practical solutions to the issues created for our clients by the Internet and emerging laws.

eHealth and the Internet - Our attorneys advise clients on issues regarding electronic commerce, digital medicine and health services and information delivered or enhanced through the use of the Internet. We routinely are involved with challenges related to online publishing and contracting issues, content aggregation, liability relating to having an Internet presence, clickwrap and subscriber agreements, co-branding and affiliate agreements, advertising and marketing agreements and similar Internet-related agreements. Attorneys in the IP/Tech group frequently are asked to review client internal policies, Web sites and online practices, offer recommendations for proactive protection of proprietary content and limiting exposure to liability, taking into consideration the industry or commercial environment. For example, Web site audits typically result in recommendations for on-screen notices and disclaimers, as well as the identification of potential claims for unauthorized use of third-party content. We also have experience advising clients with respect to electronic signatures, E-Sign, the Uniform Electronic Transactions Act and the Uniform Computer Information Transactions Act.
Intellectual Property and Copyright Protection - Once content is published on the Internet, it may be difficult to prevent others from copying, modifying and distributing it without authorization. Our IP/Tech attorneys help clients avoid posting confidential information and suggest policies for posting copyrightable content that minimize the risks of unauthorized exploitation. Our group works with clients in copyright registration and protection and in enforcing copyright interests in a variety of contexts, including the emergence of copyright as a form of protection for computer software. Specific services include developing copyright protection strategies, performing copyright searches, preparing, filing and prosecuting copyright applications, preparing and negotiating copyright licenses, giving advice regarding the Digital Millennium Copyright Act, and providing services associated with copyright infringement litigation. We also bring together practitioners who specialize in entertainment, media and publishing law and in responding to copyright issues created by converging technologies, such as online music, streaming media and other digital content distribution.
Trademarks and the Internet - In addition to trademark selection, registration and maintenance, we also have considerable experience in obtaining the transfer or cancellation of domain names, creating domain name license agreements, and protecting legitimate domain names from reverse domain hijacking. Whether the need is for drafting cease-and-desist letters, invoking the ICANN dispute resolution policy, or even initiating litigation in federal court pursuant to the Lanham Act or the Anti-Cybersquatting Consumer Protection Act, our firm brings experience and knowledge to bear in protecting our clients' vital interests in their trademarks and domain names. We also have helped clients in disputes regarding keyword advertising, metatags and other issues involving online trademark use.
Privacy and Information Management - Consumers and regulators are paying increased attention to issues of personal privacy posed by the Internet. The Intellectual Property and Technology Practice Area assists our clients in complying with all federal and state laws governing privacy and the use of information, including the Gramm-Leach-Bliley Financial Services Modernization Act, the Children's Online Privacy Protection Act, the Fair Credit Reporting Act, the Drivers Privacy Protection Acts, regulations promulgated under HIPAA, and other state and federal laws. We also have experience in FTC and industry self-regulatory schemes and online privacy seal programs, network advertising standards, and other industry-promulgated codes of conduct.

Technology and Intellectual Property Transactions and Maintenance

The issues relating to technology and licensing and maintenance are not unique to the technology and Internet sectors. Numerous commercial and healthcare transactions involve the acquisition, licensing, development and maintenance of medical products and valuable healthcare-related technologies. We appreciate the demands of this fast-paced area of business, and have the expertise and familiarity with the technical and industry practices to provide creative, informed and practical advice.

Licensing, Distribution and Transfer - We have extensive experience in the negotiating and drafting of sophisticated technology, development licensing, manufacturing and transfer agreements, including:
· Development, Distribution and/or Commercialization Agreements
· Software, Product and Content Licensing Agreements
· Cross-License and Concurrent Agreements
· Pilot Project and Beta Agreements
· Shrinkwrap and End User License Agreements
· Information Systems and Data Access Agreements
· Technology Transfer and Procurement Agreements
· Decompilation and Reverse Engineering Agreements
· Maintenance and Support Agreements
· Domestic and Offshore Outsourcing Agreements
· Application Service Provider (ASP) Agreements
· Shared Services and Software Sharing Agreements
· VAR, VAD and OEM Agreements
· Source Code Escrow Agreements
Technology and Intellectual Property Audits - The increasing importance of technology and intellectual property assets necessitates effective protection and valuation of technology and intellectual property. Technology and intellectual property audits are often the means by which companies, particularly healthcare companies, begin the process of maximizing the value and competitive edge that these assets may provide. We work with companies and in-house counsel to design and implement an effective program for protecting inventions, copyrights, trademarks, trade and product names, trade secrets, confidential materials, and proprietary software.

Intellectual Property Litigation

Litigators in the firm's IP/Tech practice represent plaintiffs and defendants in most phases of intellectual property and technology counseling and litigation, handling transactions and disputes involving trademarks, copyrights, patents, counterfeiting, rights of privacy and publicity, trade secrets, unfair competition, false advertising claims, eCommerce and Internet regulation. We work with our clients to protect the security of their Web-based assets, helping to prevent or remedy theft of on-line intellectual property.

The IP/Tech Litigation team has extensive dispute resolution experience, including federal and state trial proceedings, appeals and alternate dispute resolution, such as mediation and arbitration. In addition, we routinely handle matters in the United States Patent and Trademark Office and the U.S. Copyright Office.

This extensive and varied trial experience provides Bass, Berry & Sims' clients with an important advantage when it comes to resolving disputes. Unlike many firms that handle intellectual property matters, Bass, Berry & Sims' IP/Tech litigators, backed by one of the most respected commercial litigation practices in the region, are prepared to try all types of intellectual property and technology disputes. All of our litigators have experience in commercial litigation, including the trial of large cases before juries.

While IP/Tech litigators always are prepared to go to trial, our primary objective is always the prompt, effective and inexpensive resolution of all disputes. In most instances, we are able to eliminate the need for litigation, successfully negotiating settlements, license agreements and other intellectual property and technology business arrangements consistent with our clients' goals.

Corporate and Venture Capital Services

While our firm represents numerous large public and private companies, we also understand the legal issues and business obstacles facing start-up and emerging growth companies. We assist numerous technology companies in designing and organizing their businesses, and we have broad experience in addressing the crucial legal and structural issues that too often are neglected by companies in their early years. Our proficiency in this area is augmented by our extensive experience representing venture capital firms and angel investors, which gives us perspective on what makes an early-stage company attractive to investors.

In addition to our extensive experience in addressing the needs of early-stage companies, our Intellectual Property and Technology Practice Area draws on the firm's experience in representing numerous public companies, investment banks, institutional investors and large, established private companies to counsel technology and Internet companies with respect to the following corporate and general business matters:

seed and venture financing;
public equity and debt offerings;
bank financing;
mergers and acquisitions;
joint venture, joint marketing and strategic alliance transactions;
executive and employee compensation matters, including equity incentive arrangements;
federal and state tax matters.

Of particular importance is our experience in assisting technology and Internet companies with the identification and protection of trade secrets, know-how, and other proprietary information. This sphere of practice includes the establishment of appropriate corporate policies and internal procedures, such as employee and independent contractor confidentiality agreements, non-disclosure agreements, trade secret audit programs, and the resolution of disputes concerning trade secret misappropriation and unfair competition claims. We also provide counsel on other important business matters, such as choosing an accountant, managing insurance risk and, when appropriate, dealing with legislative and regulatory issues.

Bank Financing and other Commercial Transactions

Members of Bass, Berry & Sims' IP/Tech Practice Area practicing in the areas of banking and commercial law assist clients in a wide array of financing transactions involving both the acquisition of technology and intellectual property assets and related hardware and the use of existing assets of those types to secure financing for other purposes. Our clients include financial institutions in their roles as lenders and lessors, and other clients when they are in those roles in business transactions with affiliates or others, or when they are in their more common roles as borrowers, lessees or guarantors.

Traditional types of collateral in the IP/Tech area include copyrights, often in the form of music, sound recording or film catalogues; inventory such as audio and audiovisual master recordings, tapes and discs; equipment, including production and editing equipment; and computer and telecommunications hardware and software. These are being joined by emerging technology-related assets as their worth increases and they become subject to meaningful appraisals of their market value, a must for financing purposes.

Our firm's wide experience in financings of all types combine with the multi-disciplinary membership in the IP/Tech Practice Area to position us very favorably to help clients maximize the benefit of the entire range of their technology and intellectual property and related assets in commercial transactions.   The general knowledge of our commercial attorneys and paralegals also permits the efficient combination of these types of collateral with real estate, accounts, inventory, conventional equipment and other less specialized collateral in multi-collateral transactions of all types. The firm handles commercial transactions ranging from simple unsecured loans, single-asset secured transactions and basic asset-based financings to complex multi-lender syndicated transactions, tax-driven equipment leases and asset securitizations. All of these have applications in the realms of technology and intellectual property.

Technology and the Healthcare Industry

By combining lawyers from our Healthcare, IP/Tech and Corporate Practice Areas, Bass, Berry & Sims offers to a broad spectrum of healthcare clients comprehensive and varied legal advice on matters ranging from ongoing operational and regulatory compliance issues to securities offerings to merger and acquisition transactions. Our healthcare clients include, among others, hospitals, multi-hospital health systems, physicians and physicians groups, integrated provider networks, managed care organizations, pharmaceutical companies and sponsors of healthcare benefit plans. This expertise, combined with the location of our largest office in Nashville, a healthcare-concentrated market, uniquely positions us to advise healthcare organizations with respect to the technology and Internet-related challenges currently facing healthcare companies.

The increasing use of technology applications in high-quality, cost-efficient healthcare raises a substantial number of legal issues on which we are able to advise our clients, including complying with the HIPAA privacy rules, interstate medical licensure, reimbursement issues, antitrust, professional liability and risk management, patient consent, and the prospect of federal regulation by agencies such as the Food and Drug Administration and the Federal Communications Commission. More generally, our lawyers have a broad base of experience in assisting healthcare industry clients in all aspects of technology and Internet-related matters, including integrated delivery systems, turn-key hardware and software systems acquisitions and development contracts, network agreements, ASP and outsourcing arrangements, and shared services agreements.

Motion Picture, Television, Publishing and Music Industry Issues

The entertainment practice of the IP/Tech Practice Area covers a wide range of areas, including motion pictures, television, music publishing, sound recordings and literary rights. We represent production entities in all phases of motion picture financing, production and distribution. We represent clients with respect to the acquisition and sale of motion picture, television, music and literary rights. In those cases where we are unable to negotiate a successful resolution of disputes arising within the entertainment industry, we have successfully litigated to protect our clients' rights.

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