Technology and Intellectual Property

BETTER INNOVATIONS Are built on cutting-edge insights

Technology impacts every aspect of our lives—and it is constantly changing. HMB attorneys are at the forefront of the laws that influence how technology impacts our world, as well as connected to the innovations that bring new ideas to reality. We are here to guide you through this ever-evolving landscape.

Protecting Your Assets

Intellectual property (IP) is often your most valuable asset. We help individuals, founders, start-ups and companies large and small protect their IP and commercialize it to foster business success. When infringement occurs, we represent your interests vigorously to minimize disruptions to your business.

Assessing Your Risk

The data you generate, collect and process is the intelligence that drives your business forward. It has value, internally and in the marketplace, but it also carries complex compliance and security risks. We work with you to assess the full spectrum of your data risk exposures, develop plans to mitigate potential issues and stay current with the specifics of all regulatory frameworks.

Transactions are Integral to Your Growth

We collaborate with other core practices at the firm—including our corporate/M&A, restructuring and tax practices—on all technology and IP aspects of public and private corporate transactions. This includes mergers and acquisitions, spin-offs, divestitures, joint ventures, financings and restructurings.

A Man dressed in a black business suit and tie.
Brian H. AxelradPartner | Board of Directors
Jeffrey A. Hechtman - a man in a business suit, smiling at the camera
Jeffrey A. HechtmanManaging Partner
David A. Hughes - a man in a business suit, smiling at the camera
David A. HughesChair | State and Local Tax Group
Hal J. Wood - a man in a business suit, smiling at the camera
Hal J. WoodGeneral Counsel | Chair | Litigation Group
The Sephora CCPA Settlement - How California's First Fine Can Help Businesses Understand Their Privacy RequirementsSeptember 16, 2022

In August, California’s Attorney General announced a settlement with Sephora that carried a $1.2 million dollar fine for Sephora’s California Consumer Privacy Act (CCPA) violations. This is the first CCPA action taken by California that resulted in a fine and settlement. It is important to understand what the California Attorney General alleged Sephora did in violation of the CCPA, so…

And Then There Were Three: The Colorado Data Privacy Law - Colorado Becomes Third State to Enact Consumer Privacy LawJuly 15, 2021

On July 7, 2021, Colorado’s Governor, Jared Polis, signed the Colorado Privacy Act (“CPA”) into law.  Colorado is the third U.S. state to enact a comprehensive privacy law, following the previous enactment of the California Consumer Privacy Act (“CCPA”) and the Virginia Data Privacy Act (“CDPA”). Though the CPA will not become effective until July 2023, it is critical for businesses to evaluate their current privacy frameworks, and whether they will be sufficient to meet the extended requirements under the CPA.

Cover Your SaaS - Issue IIJune 22, 2020

Welcome to the second edition of Cover Your SaaS, your new favorite(ish) semi-regular publication from HMB Legal Counsel’s State & Local Tax team. Far from accepting a sophomore slump, this edition boldly delves into SALT developments in the digital products sphere, the importance of separately stating charges, and the dangers of straying into taxable telecommunications.

Cover Your SaaS: A Semi-Regular Publication on State and Local Tax Developments in the Cloud Computing and Digital Space - 4/10/20April 10, 2020

Welcome to the first edition of Cover Your SaaS, a new semi-regular publication from HMB Legal Counsel’s State & Local Tax team. Using the latest in news-scanning technology, i.e., the daily emails that land in our inbox, our goal is to keep you updated on key SALT developments in the digital and cloud computing space.

Cybersecurity PreparednessJanuary 29, 2020

As 2020 kicks off, cybersecurity remains ever present in the news whether its predictions for cyberattacks in conflict between state actors, such as the United States and Iran, or the recent New York Times report regarding a possible hack at the Ukrainian gas company at the heart of the impeachment investigations.

Applying the Chicago Lease Transaction Tax to “Cloud” Software ProductsSeptember 11, 2019

In a prior post, I explained the basics of the Chicago Personal Property Lease Transaction Tax (“Transaction Tax”), including the applicability of the tax to tangible personal property and software, potentially applicable exemptions and exclusions from the tax, and collection issues. This follow-up post in the Practitioner Series further clarifies the application of the Transaction Tax to “cloud” software products and explores the interplay with the Illinois Retailers’ Occupation Tax (“ROT”).

The BEC/FBI Tech Hacking Advisory - Doing Business with Foreign Suppliers/BusinessesOctober 29, 2015

It was not so long ago that in the cyberspace realm businesses only needed to worry about having a good firewall and spam filter to prevent fraud. Now, as technology has advanced so have the fraudsters and the government is warning businesses, especially those conducting business with foreign suppliers and/or businesses, of a new and escalating scam called the Business Email Compromise, the BEC.

Client Success: HMB Represents Parkonect in Sale to Leader in Flexible Technology Solutions for Urban Real EstateJune 21, 2021

HMB would like to congratulate Parkonect, a cloud-born, mobile-first parking technology company delivering Parking Access and Revenue Control, and its CEO Harlan Karp and the Parkonect team on a successful sale to FLASH, a leader in flexible technology solutions for urban real estate. Parkonect helps properties by facilitating connectivity and mobility in parking assets via real-time intelligence and digital commerce…

New Supreme Court Decision Regarding the Telephone Consumer Protection Act of 1991April 14, 2021

The Supreme Court’s decision effectively means that a company can utilize devices that automate calls and texts, as long as that device cannot use a random or sequential number generator to either store or produce the telephone number.

Samantha K. Breslow Published in Tax Notes State - "Internet Tax Freedom Act: Protector From the Tax Man?"June 8, 2020

In this second of a three-part series, Breslow discusses the Internet Tax Freedom Act and whether the digital world has really been protected from the tax man. Adoption and Intent of the ITFA Initially adopted in 1998 under the Clinton administration with the mantra “no new internet taxes,” the Internet Tax Freedom Act (ITFA) was made permanent on February 24,…

Samantha K. Breslow Presents a Webinar - "State Taxation of Digital Goods and Services in 2020" - 5/20/20April 21, 2020

5/20/20 12:30PM CST CPE Pending Recent state cases like Ex Parte Russell County Community Hospital and Citrix Systems are just the tip of the iceberg as states audit taxpayers in a digital economy. Chris and Samantha will provide an update on recent cases and legislation in this area and, more importantly, will describe their experiences with taxpayers as they attempt…

David A. Hughes and Samantha K. Breslow Present a Webinar - "Internet Tax Freedom Act: Protector from the Taxman?" - 4/29/20April 20, 2020

4/29/2020 12:30PM CST CPE Pending The intent of the Internet Tax Freedom Act was to protect electronic commerce from the taxman, but has it succeeded? This webinar will focus on recent pending cases (Labell v. City of Chicago and Apple, Inc. v. City of Chicago) involving ITFA claims and proposed legislation (Digital Advertising Gross Revenues Tax) that potentially implicates ITFA.…

Samantha Breslow published in Tax Notes State - "Debugging the (State Tax) Code: Outdated Sales Tax Terminology"December 9, 2019

Read the full article on Tax Notes here (subscription required). Samantha Breslow discusses how the sluggishness of legislation does not often adjust itself to the speed and terminology of technology. However, there are a few states that are adapting to overcome the discrepancies. Download a PDF of the full article here. Debugging the (State Tax) Code: Outdated Sales Tax Terminology…

Data Scraping Survives! (At Least For Now...) Key Takeaways From 9th Circuit Ruling on the hiQ vs. Linkedin CaseSeptember 20, 2019

The original case was brought in California federal district court in 2017 by a company (hiQ) trying to protect its business of using publicly posted user data on LinkedIn. The California federal district court awarded a temporary restraining order against LinkedIn. This order allowed hiQ to keep scraping data off of LinkedIn’s platform on employees in connection with one of…

Samantha Breslow Discusses Chicago's "Cloud Computing Tax" with Bloomberg Law NewsSeptember 16, 2019

Auditors in Chicago have been aggressively asserting that businesses have tax duties under the "cloud computing tax" because of their economic presence, or the volume of business they conduct within the city. In an article by Bloomberg Law News titled "State of Wayfair: Economic Thresholds Sneak Into Chicago Audits" by Michael J. Bologna, Samantha Breslow explains that the problem is…

As Reports of Hacking and Wire Fraud/BEC Scams Increase, Here's What You Can Do to PrepareJune 12, 2019

Business Email Compromise ("BEC") is a scam perpetrated by cyber criminals to attack businesses that first began to be tracked and reported by the FBI in 2013. BEC typically consists of phony or phishing emails that appear to originate from a company executive or member of a company's accounting or finance department containing fraudulent payment instructions with the objective to…

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