Some organizations are subject to regulatory requirements that require archiving of communications, including IM. One significant concern for many organizations is whether and how to archive instant messages. IM raises different concerns, depending on the nature of an organization's business. In contrast, some organizations facilitate use of IM by employees, but do not have the infrastructure to permit oversight of IM use or archiving of IM messages, while relatively few organizations have established formal archiving policies and capabilities for IM. Use of IM in an organization may not be officially sanctioned by management, and individual employees may be able to adopt IM as a mode of business communication without the knowledge of management simply by downloading from the Internet freely available IM "client" applications. While IM is similar to email in many ways, it is a more recent phenomenon in business and involves a real-time conversation that many users may assume is not being recorded or archived by the other parties involved in the IM chat. The use in business environments of instant messaging, or IM, to "chat" with other online users, often without any systematic archiving of messages, raises a number of legal and practical questions. Our attorneys keep a close watch on internet-related legislative and regulatory developments in the United States, the European Union and elsewhere, and leverage our up-to-the-minute knowledge to advise clients in areas such as data privacy and security, copyright infringement, and export restrictions. We also advise technology clients on big data issues that arise in outsourcing, joint venture and other transactional matters. We frequently draft and negotiate data license agreements, software-as-a-service (SaaS) agreements, website terms and other services agreements in which data is the core subject of the license. We represent both mature and emerging companies with business models centered around offering software and/or professional services relating to analyzing and extracting insights from large data sets. We structure, negotiate and draft all types of licensing, distribution, product development, joint venture and strategic alliance agreements for these clients, often drawing on the deep experience of WilmerHale’s regulatory, intellectual property, business and tax lawyers. Our clients in the ever-changing and fiercely competitive hardware, software, IT and services industries depend on us to strategize and negotiate transactions that take advantage of opportunities now while protecting their innovations and shoring up strong industry relationships for the future.
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