Smithline PC - What We Do

OVERVIEW:  We help our clients review their products at the point where product design, business objectives and legal concerns intersect.  This includes reviewing online user flows and consent dialogs, drafting terms of service and privacy policies and analyzing third-party app store and platform terms.

KEY QUESTIONS

Whatever your product – a mobile game, a wearable device or an enterprise SaaS service – you face a series of questions that go to the heart of your legal relationships with users and others:

Are your terms of service enforceable?

Your carefully drafted terms of service are useless if a court finds they were unenforceable from the start.   How you implement your terms can make a big difference in their enforceability, so in addition to helping you draft clear terms, we conduct a screen-by-screen review of how you present them to users and advise on best practices for implementation.

Does your privacy policy accurately describe how you collect, use and share data?   

Your privacy policy contains legal promises that can be enforced by users, state attorneys general, and federal regulators.  As you introduce new features, expand advertiser relationships and adopt new methods of user tracking, are you checking your evolving practices against your posted privacy policy?   By tracking these issues as we negotiate your deals and staying current on your product plans, we help you ensure that your privacy policy keeps pace with changes on the ground.

Have you reviewed any third-party app store or developer terms that apply to your product?

If you offer your service through mobile apps, then you are likely subject to iOS, Android, Amazon or other third-party platform distribution terms.   We can help you map out these sometimes confusing terms and understand how they apply to your service as it changes over time.

TYPES OF PRODUCT LEGAL SERVICES

Our product legal services include:

  • Reviewing online product pages, user flows and consent dialogs
  • Drafting terms of service and privacy policies
  • Reviewing data collection and sharing practices
  • Analyzing third-party developer and app store terms
  • Coordinating with your product, finance and internal legal terms on product legal issues

“Their knowledge of the law and complex IP negotiations is stunning and their turn-around times are impressively fast.”

– Steve Woolven, President of Applanix (Trimble)

“We can count on Smithline PC for insightful feedback, judgment and guidance for any deal. They have become trusted business partners for Adobe’s growing business.”

– Joe Ramirez, VP Licensing & AGC, Adobe Systems

“We have great trust and respect for their work. Their turnaround times and availability are awesome. Most importantly, they really understand our SaaS business.”

– Joe Whitty, VP Finance, Moovweb

“Pragmatic advisers on the leading edge of licensing, software and technology.”

– Keenan Conder, General Counsel, Tableau Software

What's New

Important Change to MongoDB’s Open Source License

Many of you may be using MongoDB’s open source Community Server database somewhere in your operations or products. A recent announcement and license switch by MongoDB may affect you, so please review the following carefully. Old Reality: MongoDB under AGPL Historically, MongoDB was licensed under the GNU Affero General Public License (“AGPL”). The AGPL is a […]... MORE +

Welcome Loretta Lau!

We are pleased to announce that Loretta Lau has joined the firm as an Associate. Loretta joins us from Kirkland & Ellis. Loretta has a BA from the University of Michigan and a JD from New York University School of Law. For more information about Loretta, please see her bio here.... MORE +

“GDPR Primer for SaaS Companies” at Smithline Training

What should a U.S.-based Software as a Service (SaaS) company know about the E.U. General Data Protection Regulation (GDPR)? Guest instructor Mark Webber provides a general overview of the GDPR, explains how it reaches U.S.-based companies, reviews its key principles and previews common compliance questions SaaS vendors should expect from their E.U.-based customers. Check out […]... MORE +