Technology & Entrepreneurial Ventures

The lawyers in Constangy’s Technology & Entrepreneurial Ventures Industry Group understand and navigate the unique labor and employment law challenges facing the dynamic technology industry.  Our clients include companies, from “new” technology start-ups to established Fortune 500 giants, in every corner of the technology workplace.  Our clients include leaders and soon-to-be leaders in software development, hardware manufacturing, healthcare, telecommunications, technology-facing private equity and venture capital, e-commerce, 3D printing, digital media and biotechnology, as well as the end-users of such technology.

What Sets Us Apart

At Constangy, all we do is workplace law.  At a full-service firm, when technology companies face employment law challenges, they often start by calling their IP transactional attorney, who will then see who’s available in the firm’s employment group.  Clients hire Constangy lawyers specifically for our labor and employment law focus, and we are ready to spring into action immediately when you call. 

The lawyers in our Technology & Entrepreneurial Ventures Industry Group include former in-house counsel, individuals with engineering, chemistry and other technology-friendly degrees, and attorneys based in “tech” hubs like Austin, Boston, Los Angeles, New York and San Francisco.  We speak “your” language, and understand the impact your company’s culture may have on how to handle a particular workplace issue.  If we are visiting your facility, and know that you enjoy a casual dress code, we’re knowledgeable enough to know we might not want to arrive in three piece suits screaming “attorney” to your employees.  We understand the nuances of working with private equity backed clients—in fact, we represent several financial sponsors.

We don’t treat our clients as “widget makers.”  The lawyers in our group will work hard to understand your technology, your culture, your aspirations, and the ever-changing challenges facing your company—which may be different than those impacting others in your industry.  We aim to be partners in our clients’ businesses, and a resource to help them grow and succeed.  Our Group aims to be forward-looking and agile—like your company, we pride ourselves on developing creative and innovative solutions.

What We Do

We work with our clients to solve every imaginable (and sometimes unimaginable) workplace challenges.  In particular, we are adept at handling issues which are especially prevalent in the technology industry.  For instance:

• We understand the importance of protecting your intellectual property.  The attorneys in our Group will assist you in making sure that you are using all reasonable efforts to safeguard your trade secrets, including drafting confidentiality policies, offer letter language, and restrictive covenants such as non-disclosure, non-solicitation and non-competition agreements.  When a departing employee fails to comply with his or her obligations, we are ready to spring into action immediately, and have experience—and tremendous success—litigating trade secret matters in jurisdictions throughout the United States. 
• Despite a laser focus on every detail in developing breakthrough technologies, our clients sometimes fail to apply an equal focus on wage and hour compliance, leaving them vulnerable to extraordinarily costly class actions and government investigations.  We assist technology companies with wage and hour compliance, including overtime classification and exemptions, incentive and bonus plans, remote work, meal and rest breaks, timing of pay—you name it, we’ve handled it.  While our goal is to help our clients avoid litigation, we have industry-leading experience in representing our clients in wage and hour investigations by state and federal agencies, and litigation ranging from small single employee cases to “bet the company” class and collective actions. 
• Constangy enjoys a thriving immigration practice, and we help our clients operate within the increasingly challenging laws governing global mobility as you work to create the best possible workforce.   
• If and when you look to sell or expand through acquisition, our technology lawyers work closely with our Transactional Solutions Group in conducting due diligence of our client’s acquisition target or assisting in a self-audit to ready the company for a transaction.  If there are labor and employment issues impacting value, we’ll find them.

Representative Matters

• Represented client in federal lawsuit against departing employees who misappropriated trade secrets and formed competing company in violation of restrictive covenants, resulting in injunctive relief and almost immediate positive settlement
• Brought “employee raiding” lawsuit against largest competitor in discrete technology sector, leading to an end to the competitor’s wrongdoing and a significant financial resolution
• Carefully handled and resolved an extremely sensitive workplace investigation involving a rumored romantic relationship between a founder/executive and a junior employee, avoiding almost certain litigation at minimal expense at a key moment in an emerging company’s growth
• Conducted wage and hour audit for online service company, identifying millions of dollars in potential company ending liability and developed successful approach to resolve the issue and keep the company alive
• Performed labor and employment due diligence of acquisition target, identifying significant undisclosed wage liability, resulting in significant reduction in purchase price and increased indemnification protections

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