Research Assessment #3

Date: ​October 03, 2019

Topic: ​Technology Law

MLA Citation:

LawCrossing.com. “How to Prepare for a Career in Technology Law.” ​LawCrossing.com​,

20 June 2019, www.lawcrossing.com/article/3454/Breaking-into-Technology-Law/.

Analysis:

As an aspiring lawyer, it has always been my passion to represent hip hop artists and

other entertainment stars. However, I have also had a passion for technology ever since I was a

child, and this passion continuously grew to the point where I decided to major in engineering as

a pre-law student. Luckily, lawyers are not required to only focus on one industry; thus, I have

decided to keep continuing on with the technology sector in some way and I plan to keep

technology law as a field that I can hopefully practice one day. The article for this week’s

research was mainly for college and law school students. Nevertheless, it provided useful

information on what exactly technology law is and how to get involved with the sector.

The article starts off with an introduction that splits technology law into three different

groups:

● Software licenses

● Tech contracts

● Intellectual property
Although there are a few more sectors, such as labor law, these three groups (basic commercial

law) cover 90% of the ins and outs of technology law. After reviewing these different fields, it is

obvious that a lot of technology law shares common ground with entertainment law. Firstly,

entertainment law and technology law both deal greatly with contracts, as both technological

moguls and entertainment stars need paperwork that provides specific information on their job.

Secondly, intellectual property is also a similarity between the two different groups. Employees

in both fields of work must have rights and protection to their ideas and products. Lastly, is the

reasons for trial. As with the two similarities before, trial in both sectors almost always involves

contract or property issues that must be settled before an unbiased person(s). As I am not sure

which field of law my mentor will be pertaining to as of yet, having this information down prior

to the mentorship is beneficial, as I can now focus on the three different groups of technology

law, if my mentor is specific to technology law. However, even if my mentor has a different

main area of aspect, it could still be possible to learn more about this are from him/her or other

attorneys at the firm.

The second key thing I learned from this week’s chosen article was a 2-step piece how to

get started as an attorney with a focus in technology. The first step is to get involved with deals

at a young age. “Deals” do not exactly have to be business related. The main aspect of the first

step is just to get involved with the field of technology law in some way, whether that be

technologically, corporately, legally, etc There are various ways to do this, through competitions,

internships, classes, voluntary experience, or just simple individual research. The next step (and

final) step of this process is to utilize all the knowledge and experiences gained in step 1 to land

a job. This does not necessarily mean a job as a full time attorney. The job could be as simple as
a paralegal or law firm secretary. It does not even have to be in a legal field per se. For example,

one could go to work for a technology company, such as Intel or Texas Instruments, to dabble in

the field a bit before moving on to a legal position. All this information is very useful, as I have

already completed an Internship and the ISM experience will enable me to complete a

mentorship program, all of which increase my credibility before I become a professional.

Technological law seems like an interesting field that I could definitely see myself

involved with in the future. Besides being interesting on its own, technology law and

entertainment law also has many aspects that are similar, including clients, reasons for trials, and

general employment issues, and this works towards my benefit, because numerous experiences

will combine to make me perfect for both fields.

Article:

How To Prepare For A Career In Technology Law 

by David W. Tollen, Esq. 

First, you've got to understand the field. Tech contracts professionals produce ​three types of contracts: 

(1) software licenses, (2) tech services agreements and related commercial contracts, and (3) intellectual 

property sharing agreements​. We often assume tech law is all about intellectual property. But IP plays 

only a small role in categories 1 and 2—and those account for most of the work. Software licenses 

transfer rights created by copyright law, but they often have simple IP clauses that get little attention 

during negotiations. And Internet link-exchange agreements, tech-support contracts, and other 

category 2 deals sometimes don't even address IP. What you have to know is b
​ asic commercial law​. 

What's a warranty, and how does it work? How about a limitation of liability clause, an indemnity, or a 

confidentiality provision? How do you set up an effective delivery and acceptance clause? 

- 3 different types of tech law that I should try gaining experience in before going into the legal 

workforce 

- Tech law = basic commercial law 

  

Yes, you have to know intellectual property for category 3: IP sharing agreements. But if you know basic 

commercial contract law, you've got a grasp on 9

​ 0%​ of what you n
​ eed for most tech law jobs​. That may 

be enough to land your first position. 

How do you learn tech law? If you're already working, ​get involved in commercial deals: purchases of 

tractors, office furniture, management consulting services, and, of course, technology​, if possible. And if 

you're a student, enroll in advanced contracts courses of all kinds, as well as one or two courses on IP. 

You​ ​will​ eventually need to learn how commercial clauses work in the tech industry​. But a basic 

familiarity with those clauses in any industry will get you much of the way home. 

- Step 1: get involved in deals (internship, job, volunteering, classes, etc); I have a head start due to 

choosing to take some tech courses (such as PAP and AP Computer Science as a high school 

student)! 

- Commercial clauses are important in tech industry; this makes sense as business expands with 

technological advancements 

You should also ​read technology law contracts​—lots of them. You can find contracts and contract forms 

online by searching for terms like "software license agreement" and by visiting legal-content sites like 

FindLaw.com​. 

- Common ground between tech and entertainment law = contract law (obvious as both 

businesses and rising stars need contracts to dictate their work style)  

Your​ s​ econd​ task is to land that first job. If you have the appropriate impressive credentials, a position 

with a global law firm is ideal—assuming you join the technology licensing group. They'll train you and 
pay handsomely for the privilege​ (though they may work you half to death). But don't despair if that 

door's closed. 

- Step 2: land first job 

- Resumer: important credentials 

- Global (international) is best option 

- Great training and good money, but hard work and long hours, as is the case 

with most large law firms 

If you're a lawyer or law student, consider working as a contract administrator or contract manager. 

Apply to tech companies and also to large non-tech companies with technology procurement 

departments—departments that ​buy​ a lot of software and computer systems​. Yes, you enrolled in law 

school to work as a lawyer. But ​after a year as a contract administrator or manager, you could have 50 

tech contracts under your belt, making you a hot prospect for a tech lawyer job​. And most of your 

competition for the c

​ ontract manager job​ will be non-lawyers, so you're a good candidate. 

Lawyers, paralegals, and law students should consider doing work for small tech-focused law 

firms—including part-time work. Often,​ small firms need help but can't commit to a full-time employee​. 

So​ offer hourly paid services​ (and work for several firms, if necessary, to make ends meet). That makes 

you a good candidate, because part-time employees are hard to find. Also consider offering non-legal 

services, like administrative help and tech support. Small firms often need a bit of everything. 

- Many companies need tech lawyer, regardless of industry 

- Tech vs non-tech (Amazon, Apple, Microsoft, Google, etc vs Staples, Walmart, Target, 

etc) 

- Small (usually part-time employment) and large companies 

- Law firm vs company 

- More contracts = bigger name in the legal industry 

 
When I was a software company general counsel, a law student wrote to me out of the blue and offered 

to work as a summer intern for free. I almost tossed her resume, but then I realized how much I could 

get done with extra help from an almost-lawyer. Not only did I hire her, but I actually paid her a small 

stipend. So consider a free or almost-free internship as a way in. 

- Worked an internship at a top local corporate law firm over the summer, so I’m on my way! 

Finally, believe it or not, it's​ possible to get a plum corporate counsel job with no experience—or a plum 

contract manager job, if you're a paralegal​. I've seen it done. Send out lots of applications—while you 

work the other angles listed above.