Practice & Industry Areas
Technology & Entrepreneurial Companies
Gunster's Technology and Entrepreneurial Companies practice has extensive first-hand knowledge of technology matters and the legal issues facing technology and entrepreneurial companies. Equally as important is our relationship-driven model of client servicing. Our clients consistently find that our legal expertise, business acumen and team-oriented services help them stay one step ahead of the market and their competition. 
Gunster has more lawyers named to the Technology section of Best Lawyers of America than any other law firm in Florida. Best Lawyers of America is the oldest and most respected peer-review publication in the legal profession.
In addition to general business planning and strategic counseling, our services extend to technology mergers and acquisitions, venture capital and private equity financing, Internet services, software and hardware acquisitions, privacy and security matters, and interactive marketing issues.
Service areas:
- Entrepreneurial companies
- Technology
- Internet services and e-commerce
- Privacy and security issues
Entrepreneurial companies
Our team has real-world business experience. We understand the importance of building our clients’ business by leveraging the current business environment, at the same time looking ahead toward future risks and opportunities. Our ability to anticipate clients’ needs is key to providing sound legal and business counsel that can transform potential roadblocks into pathways for success.
Our attorneys offer tailored, strategic legal advice based on the unique challenges of each business and the vision of its executives. We are experienced in establishing employee agreements and incentive plans, addressing the transferring and licensing of patents and copyrights and other intellectual property, and mitigating risk among different lines of business through operational restructuring.
At Gunster, we recognize that one of the primary challenges for entrepreneurial companies can be obtaining and retaining financial backing. We advise clients on financing strategies and provide channels for developing relationships with private equity funds, venture capitalists, angel investors and investment banks. Our professionals serve on the boards of venture capital and angel investor networking organizations across South Florida, in order to foster strong relationships with outside investors for the benefit of our clients.
We can also take clients through a sale to a strategic or financial buyer or an initial public offering. When exit strategies are ready to be executed, the benefit of choosing Gunster becomes readily apparent. By collaborating with Gunster’s other legal professionals, we also help our clients with tax and employment-related matters. Following a liquidity event, we provide our clients with private wealth protection and estate planning services.
Technology
Technology is at the core of every business today. Whether a business is built around proprietary technologies, relies on technology or software licensing, depends on management software and data through Web-based applications, leverages the Internet and e-commerce, or just maintains a website, technology is a driver of a company's success.
Gunster’s Technology and Entrepreneurial Companies practice is recognized for its extensive experience in guiding companies in diverse industries through the issues surrounding technology. We knowledgeably steer our clients through acquisition, use and protection of their technology, inventions and proprietary information. Our wide array of legal services ranges from private equity and venture capital financing, to licensing, confidentiality agreements and technology licensing, to acquisitions and divestitures.
Our sensitivity to the unique dynamics of technology companies and transactions allows us to add considerable value to our client servicing. In the area of technology mergers and acquisitions, Gunster’s technology lawyers blend know-how in general mergers and acquisitions with experience in technology-related issues. In addition, our attorneys are particularly well-versed in mission-critical software and hardware acquisition. We have successfully assisted several clients with acquisitions of hardware and software in excess of $1 million.
Internet services and e-commerce
Today businesses of all sizes and in most industries rely on the Internet and electronic communications. Whether a company is Internet-based, engages in e-commerce or interactive marketing, or merely has a Web presence, Gunster’s Technology and Entrepreneurial Companies practice is ready to help navigate the legal issues involved.
Our attorneys help clients comply with Internet and electronic communications laws and regulations, including privacy laws, the CAN-SPAM Act, the Digital Millennium Copyright Act, the Communications Decency Act, copyright law, and laws pertaining to children on the Internet. In addition, our lawyers conduct legal website audits and assist with all aspects of doing business online. This includes negotiating website development and hosting agreements as well as agreements with Internet service providers, and properly documenting online commercial ventures with privacy policies, website terms of use, click-wrap and browse-wrap agreements, end-user agreements, and subscriber agreements for limited-access websites.
If intellectual property infringement or regulatory investigations and litigation arise from Internet activities, we are ready to address such situations as cybersquatting, content scraping, trademark infringement, search engine matters, and actions from state attorneys, the Federal Trade Commission and the Federal Communications Commission.
Gunster’s lawyers also work with clients in the areas of online advertising, marketing and promotion. We address such matters as sweepstakes rules, co-branding agreements, appropriate affiliate programs and pay-for-performance marketing techniques, in addition to online publishing and content licensing.
Privacy and security issues
Gunster’s Technology and Entrepreneurial Companies practice helps companies address the privacy concerns of customers, employees and service providers. We continually stay abreast of the latest privacy and data security issues.
Our lawyers work with clients on various privacy and data security issues, including state and federal regulatory compliance, employer-employee matters, website and online issues, and issues facing specific industries such as financial institutions and e-commerce companies.
More specifically, we audit clients’ business practices; prepare privacy policies for both online enterprises and other data uses; conduct due-diligence review of transactions involving the exchange of data (whether in the usual course of business or a business transfer, such as an acquisition); structure agreements involving data and security issues; and determine the compliance of privacy practices, privacy policies, and data security practices with state and federal laws. We also monitor state and federal laws and cases pertaining to privacy and data security, such as Gramm-Leach Bliley, the FACT Act, state data breach laws, state privacy policy laws, and Federal Trade Commission actions.
Attorneys in Gunster’s banking, litigation and employment practices provide complementing services on specialized matters such as data security litigation, employee monitoring, and employee theft of data or trade secrets.