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Internet, Software, and Digital Media

Kean Miller LLP represents local, regional and global Internet, software, and technology companies in Louisiana.  We have the know-how and resources to assist Louisiana companies in a wide variety of technology-related legal issues, including venture capital investments and financing, intellectual property protection, organizational documents, licensing and permitting, state and local tax incentives, economic development incentives, labor and employment issues, trade secrets, dispute resolution, and commercial litigation. 

Kean Miller LLP provides innovative and creative representation to start-up companies, established technology companies, and international technology industry leaders.  Kean Miller LLP is general counsel to the Louisiana Internet, Software, and Technology Association (LISTA).  LISTA is the voice of the industry with regard to tax incentives and digital media at the state capitol. 

Representative Experience:

Economic Development:
  • Lobbied and assisted with the passage of legislation enacting the Louisiana Digital Media Act designed to encourage development in Louisiana of a strong capital base for the production of digital interactive media.Lobbying and active involvement in drafting, modifications, and re-enactments of the Louisiana Motion Picture Incentive Act since 2002.
Business and Corporate:
  • Representation of an e-learning company in connection with financings (including Series A and B Preferred rounds), license agreements, reseller agreements, consulting agreements, employment agreements and joint ventures.
  • Representation of a major Louisiana-based technology company in connection with financings and license agreements.
  • Representation of a government software developer in connection with financings, license agreements and various types of contracts.
  • Preparation of software license agreements for software developers.
  • Negotiation of software licenses for clients seeking to license software from software developers.
  • Advice regarding Web site development to determine whether the site had effectively disclaimed liability for information submitted by third parties.
Intellectual Property:
  • Assistance to Internet-based companies and helping to create privacy policies, disclaimers, and terms of use for Web sites.
  • Representation of a major Louisiana university in a wide range of intellectual property, technology transfer and commercialization, and licensing matters.
  • Representation of large Baton Rouge-based company in all aspects of its intellectual property protection, licensing agreements, consulting agreements, and other arrangements relating to the development and application of computer software.
  • Representation of a regional telecommunications and Internet service provider in all aspects of its intellectual property portfolio and in infringement litigation. 
  • Representation of trademark owners in unique issues involving the Anti-Cybersquatting Piracy Act (“ACPA”).
  • Negotiation of a biotechnology joint venture involving a major medical foundation.  
State and Local Tax:
  • Representation of the Louisiana Wave Studio, LLC as legislative/governmental counsel and tax incentives consultant. LWS is the only computer-controlled precision wave-making facility designed for and dedicated to the making of motion pictures in the United States and is located in Shreveport, LA.
  • Representation of Louisiana Production Capital (“LPC”) as legislative counsel since 2003.  LPC is the premiere tax credit broker/investment firm in Louisiana. 
  • Representation of the Motion Picture and Television Association of Louisiana (“MPAL”) as legislative counsel.  MPAL serves as the voice and advocate of the Louisiana motion, television, and video industry.
  • Lobbied and passed legislation re-enacting provisions of law concerning motion picture investor tax credits and removed the sunset provisions in the law effectively making the tax credits permanent.  Convinced the Governor’s office to include this item in the 2004 Special Session Call.  The legislation received unanimous support in committees and unanimous votes in both the House and Senate.
Labor and Employment:
  • Representation of Internet-based companies with regard to the creation of privacy policies, disclaimers, and terms of use for Web sites.
Litigation and Commercial Disputes:
  • Representation of a global computer company in complex contract and commercial litigation in New Orleans.
  • Representation of an international technology company in redhibition and products liability litigation regarding server compatibility.
  • Representation of an international technology company with regard to its software implementation team in breach of contract and fraud claims in connection with the failed implementation of an ERP package.
  • Representation of a worldwide software company in breach of contract, fraud claims brought by re-seller arising out of exclusive licensing agreement.
  • Representation of a global software leader in product liability, redhibition, breach of contract claim arising out of failed implementation of financial accounting software.   
  • Local counsel to Microsoft in class action litigation alleging that its operating system was defective, and as local counsel in a purported class action alleging that the operating system was not Y2K compliant.  
  • Representation as Louisiana counsel to Microsoft in class actions asserting various alleged antitrust and state unfair trade practice violations.  
  • Representation of a regional telecommunications and technology leader in a statewide class action litigation alleging fraud and misrepresentation in the sale of PCS phones.
  • Representation of a global computer Corporation in redhibition and products liability litigation and in litigation with consumers.