Litigation

Technology & Media

In the fast-paced and dynamic technology environment, Cohen & Grigsby’s litigators are well-equipped to handle a wide array of disputes. We understand that technology drives your business and that access to sustained, functioning, reliable technology is crucial to your business’s ability to operate. Our practical, business-oriented litigators appreciate the implications when the inevitable technology disputes arise, and, in addition to our litigation services when our clients reach an impasse with their technology providers, we often counsel our clients on how best to avoid the potential consequences, including business interruption, that might result from a dispute with a technology provider. Our Technology Litigation lawyers embrace a solution-driven approach to litigation and counseling, which, coupled with the experience of our Emerging Business and Technology Practice, enables us to provide well-rounded, business-focused advice, counseling, and dispute resolution services to your business from the inception of its relationship with its technology providers.

Software selection, programming, customization, and implementation can be an extraordinarily complex undertaking, however. Missed deadlines, cost overruns, and frustrated users have become more the rule than the exception. Customers may underestimate the time commitment, expense, business disruption and challenges inherent in major technology projects. These factors, in turn, can lead to disputes.

We have the in-depth knowledge and experience required to help clients mitigate risks and defend the development, installation, and performance of computer hardware and software applications as well as licensing and contract disputes. Our attorneys have experience in all phases of technology litigation, including: investigations and forensic analysis, damage/loss assessment, injunctions, expert discovery, alternative dispute procedures as well as —where necessary—trial to verdict. We have substantial experience in the interpretation and enforcement of critical contract terms, including warranty disclaimers and remedy limitations, damages caps, and alternative dispute resolution provisions. Our firm is well positioned in the heart of Pittsburgh’s robotics community, and has strong ties to the emerging business and technology sectors it serves.

We have helped software developers and consultants navigate legal disputes over cancelled or delayed ERP systems, PeopleSoft implementations, and data center projects. Many of these cases have involved claims of missed “go live” dates that allegedly disrupted key processes such as inventory management and customer deliveries, causing alleged business losses. We also have handled a significant number of payment disputes involving customers who refused to pay for services, or demanded refunds of milestone payments.

We have successfully litigated high-stakes technology lawsuits involving allegations of fraud and breach of fiduciary duty as well as complex questions of contract law. We have prosecuted and defended cases involving the breach of restrictive covenants as well as the theft of trade secrets and other competitive intelligence. Relevant cases include the following:

  • Represented a radio corporation in litigation regarding the alleged fraudulent procurement of media rights and other state contracts at West Virginia’s flagship university.
  • Secured a significant settlement for a manufacturing company in breach-of-contract and injunctive suit against software company involving company’s failure to adhere to obligations set forth in software licensing and support agreements.
  • Represented a governmental entity in multi-million dollar claim involving installation of a computer billing and customer service system.
  • Obtained dismissal, based on preliminary objections, of plaintiff’s claims of professional negligence, fraud and misrepresentation brought against technology client in case of first impression in Pennsylvania.
  • Based upon evidentiary hearing, obtained preliminary injunction in favor of staffing client protecting its corporate intelligence taken by former executive in action brought under the federal Computer Fraud and Abuse Act.
  • Following evidentiary hearing, obtained court order denying preliminary injunction motion brought against individual clients and their start-up technology company based upon alleged violations of their non-compete covenants.
  • Following evidentiary hearing, defeated preliminary injunction motion brought against corporate client for false advertising and related claims asserted under the federal Lanham Act.
  • Obtained preliminary injunction enforcing non-compete covenants against former employees who had established competing technology business within prohibited geographic radius of employer’s headquarters. Scope of requested injunction ratified on appeal.
  • Successfully defended technology client in federal court on West Coast against claims asserted by former executive who asserted entitlement to 25 percent of the company’s equity and more than $500,000 in salary and bonus payments.
  • Successfully defended three sales and recruiting executives of high-tech firm in action brought to enforce their restrictive covenants, enabling them to form a successful competing technology consulting business that went public less than two years later.
  • Settled on favorable terms a non-compete/trade secret action brought against several marketing and recruiting executives of software consulting firm, enabling them to form successful West Coast division of what subsequently became a nationally recognized technology firm.
  • Successfully represented numerous corporations in connection with copyright infringement claims threatened by the Business Software Alliance for wrongful use of unlicensed software, enabling them to avoid onerous fines and other penalties that could have crippled their businesses.