Information Technology – Elevation Legal

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About Us
- Jamie Lyford
- Our approachElevation Legal prides itself on offering a very different experience for its clients. Like most leading commercial law firms, the technical legal advice and services we provide are of the highest standard. However, at Elevation Legal we recognise that our clients want more than technical legal advice. The Elevation Legal difference: Values – We are genuinely interested in our clients and their technologies and we love nothing more than to assist our clients take their technologies out into the world and to watch our clients’ businesses grow as a result. Value – we aim to ensure that everything we do for you firstly represents or generates value for you or your business and secondly represents value for money, considering the cost of the service. Our emphasis is on solving your legal problems in their commercial and practical context. We also have a flexible approach to structuring fees and offer alternatives. We actively help you to explore ways to manage legal budgets and minimise costs. Local insight – We are well connected in the innovation and wider business community in WA. Our local knowledge and local network of contacts enables us to anticipate and understand your local needs. We know the…
- How we chargeWhy is elevation legal different? We understand commercialisation and young and ambitious business and our focus is on generating value in your business. We understand what working on a tight budget is like. No start up or early stage business can afford to do everything that they really should do when they set up and we will focus our efforts on what you really need right now to get your business to the next stage. We achieve this by working with you to undertake a cost, risk and benefit analysis of your legal needs to see what has to be done now and what you can put off until later or even do yourself. Your choice of fee structure At Elevation we will structure our fees in a way to suit you or your business. Your options include: Fixed price – agreed price for identified work, such as under any of our Packaged Legal Services. Retainer – fixed price periodic fee – usually on monthly basis for an agreed range of work over an agreed period of time. Our usual retainer period is 12 months – please see details on our counsel-on-CALLTM service for more information. Event based – fees…
What we do
- Start-ups and Growth Businesses Technology based businesses Elevation’s staff have worked in a variety of different capacities with high tech business and have worked with vast array of different technologies. We understand the needs of high tech businesses, the circumstances in which they arise and what is required for them to obtain funding and grow. Our lawyers have experience acting for high tech start-up clients with innovative intellectual property looking to commercialise and leverage their valuable IP into a viable business or licensing opportunity. Elevation Legal are able to advise on, negotiate and draft agreements for: * research and development; * collaboration/teaming; * collaborative and contract research; * joint venture and licensing * raising funds from venture capital or angel investors. Start-ups and growth businesses should also consider some of our Packaged Legal Services, especially our jumpSTARTTM or counsel-on-CALLTM services. We provide services to Start-ups and growth businesses including businesses in the following industries: Ecommerce/Web Infomation Technology and Communications Creative Industries Commercial (non tech-based) Elevation Legal also provides services to non-technology based businesses operating in a range of sectors and through a variety of business structures.
  - e-commerce / WebWe can advise on and draft e-commerce contracts and documents including for: * website development; * website hosting; * website use, disclaimers and privacy policies; * content and portal agreements; * online content regulation; * application service provider (ASP) arrangements; * internet service provider (ISP) arrangements; * systems interconnect arrangements; * online gaming; * online banking; * online auctions; * online payment issues; * privacy and consumer protection issues; * public key infrastructure (PKI), the use of digital certificates and ecommerce security; * B2B procurement; * EFTPOS transactions; * WAP enabled applications; * smart card technology; * advising suppliers of ecommerce technology and ecommerce participants on international and domestic legal issues, including enforcement, liability and risk.
  - Clean & Green Tech[tbc]
  - Extractive Industries Tech[tbc]
  - Biotech & Life SciencesBiotechnology & Life Sciences This section provides information on our biotechnology, life and health sciences practice. Elevation Legal’s lawyers have experience acting for start-up biotechnology, medical device, health and life sciences clients with innovative intellectual property looking to commercialise and leverage their valuable IP into a viable business or licensing opportunity. We can provide the following assistance: * Regulatory advice (eg. Therapeutic Goods Act TGA, FDA etc.) * Clinical trial approval, process and strategy * Research and development advice and agreements * Materials transfer arrangements and agreements * Non-disclosure/confidentialtiy arrangements and agreements * Production and distribution advice, strategy and documentation; * Licensing and commercialisation advice, strategy and supporting legal documentation; * technology transfer advice and documentation; * capital raising advice and documentation.
  - Nanotech / Materials Science[tbc]
- Creative Industries Elevation Legal works with a range of businesses and individuals that work in the creative sphere including: Design and Fashion; Writers; Graphic Arts; Fine Arts – Painters and Sculptors; Musicians and Performers; Filmmakers; Digital Content and Media; Computer Games Designers and Developers; Digital Arts; Galleries; etc.
  - Digital Content & Media[tbc]
- R&D OrganisationsElevation legal have had a great deal of exposure to legal issues and structures surrounding the conduct of research in universities and private and public sector research institutes. Our Lawyers have considerable experience in dealing with the legal issues facing Research-based organisations, particularly in relation to the commercialisation of their Intellectual property and research outcomes. Our Lawyers have experience dealing with a broad range of technologies. In conjunction with our commercialisation partners Elevation Corporate, we can provide the following assistance to R&D organisations: * Research and development advice and agreements – review, negotiation and development * Materials transfer arrangements and agreements * Non-disclosure/confidentiality arrangements and agreements * Production and distribution advice, strategy and documentation * Intellectual Property, identification, securing and protection * Licensing and commercialisation advice, strategy and supporting legal documentation * technology transfer advice and documentation * capital raising advice and documentation * Regulatory advice (eg. Therapeutic Goods Act TGA, FDA etc.) * Clinical trial approval, process and strategy We can also assist you with review and development of Intellectual Property Policies and Procedures and Governance arrangements.
- Investment / Financial[tbc]
- Commercial (non tech-based)
  - FranchisingFranchising & Franchise Development Elevation Legal work with and advise clients in relation to all facets of franchising their business including the formation of the business, development of the franchised system and operations manual, intellectual property protection of the franchise, trade marks and branding and protection of the franchised system, through to ongoing operational considerations for franchised businesses. Whilst we will work with you to ensure your franchised system is legally compliant with the regulatory framework in Australia (as created by the Franchising Code of Conduct and Trade Practices Act) or even overseas we will always maintain a commercial focus having regard to the specific industry sector in which your business operates and to trends in franchising practices generally. For franchisors When acting for the Franchisor (or Master Franchisee) the services we can offer are summarised as follows: The development of appropriate legal documentation including: * Franchise Agreement or Master Franchise Agreement; * Disclosure Document; * drafting or assisting with the preparation of the Franchise Operations Manual; * Confidentiality/Non-Disclosure Agreements; * Trade Marks Licence Agreement; * Intellectual Property Licence Agreements (if required); * Software / System Licence Agreements (if required); additionally we can advise on or assist with: * compliance…
  - Information TechnologyElevation Legal’s lawyers have extensive experience advising on, negotiating and drafting agreements for the full range of IT transactions, including: * software and systems development; * software and systems integrations; * services supply; * software escrow arrangements; * IT services outsourcing; * bureau services outsourcing; * outsourcing process – including preparing and responding to RFTs/RFPs; * other corporate or financial functions and services outsourcing; * facilities management; and * outsourcing contract management * service levels; * master services agreements; * licensing and distribution; * joint ventures; * designing standard form documents for suppliers and customers; * and specifically in relation to communications: o supply and service agreements in relation to carriage and content; and o systems interconnect arrangements. Technology procurement Elevation Legal’s lawyers also have wide experience and expertise in advising on, and negotiating and drafting: * technology development agreements * purchase and licence agreements (including open source) for enterprise and government bodies (in accordance with government contracting requirements, such as GITC); Information services Elevation Legal lawyers also have experience in advising on and negotiating and drafting agreements for: * technology supply; * information services including information feeds, websites and portals; * multimedia/digital content supply and development for information and…
Contact us

Elevation Legal’s lawyers have extensive experience advising on, negotiating and drafting agreements for the full range of IT transactions, including:

* software and systems development;
* software and systems integrations;
* services supply;
* software escrow arrangements;
* IT services outsourcing;
* bureau services outsourcing;
* outsourcing process – including preparing and responding to RFTs/RFPs;
* other corporate or financial functions and services outsourcing;
* facilities management; and
* outsourcing contract management
* service levels;
* master services agreements;
* licensing and distribution;
* joint ventures;
* designing standard form documents for suppliers and customers;
* and specifically in relation to communications:
o supply and service agreements in relation to carriage and content; and
o systems interconnect arrangements.

Technology procurement

Elevation Legal’s lawyers also have wide experience and expertise in advising on, and negotiating and drafting:

* technology development agreements
* purchase and licence agreements (including open source)

for enterprise and government bodies (in accordance with government contracting requirements, such as GITC);
Information services

Elevation Legal lawyers also have experience in advising on and negotiating and drafting agreements for:

* technology supply;
* information services including information feeds, websites and portals;
* multimedia/digital content supply and development for information and other content suppliers.

Electronic commerce

We can advise on and draft e-commerce contracts and documents including for:

* website development;
* website hosting;
* website use, disclaimers and privacy policies;
* content and portal agreements;
* online content regulation;
* application service provider (ASP) arrangements;
* internet service provider (ISP) arrangements;
* systems interconnect arrangements;
* online gaming;
* online banking;
* online auctions;
* online payment issues;
* privacy and consumer protection issues;
* public key infrastructure (PKI), the use of digital certificates and ecommerce security;
* B2B procurement;
* EFTPOS transactions;
* WAP/mobile enabled applications;
* smart card technology;
* advising suppliers of ecommerce technology and ecommerce participants on international and domestic legal issues, including enforcement, liability and risk.

Privacy & data protection

Our lawyers also have experience in advising and drafting agreements and corporate/enterprise policies on information privacy issues.
Compliance and risk management

We are also able to advise:

* on, and establishing, technology and trade practice compliance systems and programs.
* on risk management issues in systems and transactions, and contract administration;
* designing compliance and risk management systems; and
* SPAM Act compliance.

Domain names

We regularly advise on domain names and provide the following services for our clients:

* registration (see the Domain Names tab to apply online now) and renewals, trade mark, domain name and branding strategies
* cybersquatting and domain name disputes
* WIPO dispute resolution
* Jurisdictional issues

Technology dispute resolution

We can assist with:

* alternative dispute resolution including mediation and assisted negotiation
* IT litigation including relating to negligent software development and breaches of IT agreements and misuse of market power relating to software integration and breaches of the Trade Practices Act.