Today, every company is a technology company.
You either provide technology or you need to acquire technology or both. Yet, despite decades of commerce in technology, many companies lack the dedicated knowledge base and breadth of experience to determine how risks and benefits should be allocated when they provide or acquire technology. The results are typically not lawsuits - the results are failed projects, excessive time-to-market, lost business opportunities and frayed nerves.
A project or venture fails if it is late, if it exceeds budget or if the results do not meet the stated needs. Good contracts can form the foundation for successful projects and ventures. This is not accomplished simply by structuring contracts so that you will win in court when the project turns to dust. Winning a lawsuit is little more than a consolation prize. A good contract establishes the rules of the arrangement with crystal clarity, so that each party knows what risks it bears and is motivated to succeed.
Problems? There has never been a complex technology project or venture that has not encountered problems. A sound contract anticipates problems and encourages the prompt resolution of problems.
One way to access the knowledge and perspective necessary to construct contracts that succeed is to form a team of experts made up of those with significant experience in the technical subject matter, the relevant business and the law. To enhance the probability of success, breadth of experience is required, including:
- Experience spanning many industries
- Balance that can be achieved only by representing each point of view: providers and users of technology; and
- Common sense that represents the accumulated knowledge gained from more than a thousand deals.
Bennett Law seeks to represent those companies that recognize the need for an ounce of prevention in structuring their technology efforts.