Washington, D.C.

Overview

Our practice includes both corporate and transactional work and business and white-collar litigation. In our corporate practice, we counsel small and mid-sized companies in business law, contract drafting, and negotiations—including compliance in the cloud, intellectual-property matters, and issues in open source software and its various common licenses. In litigation, we handle business disputes, white-collar defense and investigations, and alleged corruption and fraud. In both practices, we often negotiate on behalf of clients with adversaries, potential business partners, contractors, vendors, and U.S. government agents and prosecutors.

We offer big-firm experience with boutique-firm attention. And we know that the matters you entrust to us are your highest priorities and most‐ serious business needs. We take that responsibility seriously.

We have a diverse technology practice that includes litigation, transactions, and compliance for clients in information security, software development, and engineering. Our health care practice focuses on compliance: the Anti-Kickback law, the Stark law, the False Claims Act, and HIPAA. And we assist executives and investors in health care entities and joint ventures to structure transactions, maintain compliance programs, and respond to government inquiries and investigations.

Much of this work comes together in our data breach and incident response practice, which focuses on pre- and post-breach response, from preparing to handle a breach in advance, to responding to a known incident, including hiring and coordinating with digital forensics teams, customer and vendor notification, and reporting to government agencies and law enforcement.

Our History and Experience

For many years, both Richard Goldberg and Noah Clements worked in technology. Mr. Goldberg worked as a software developer, consultant, and enterprise-software architect; Mr. Clements worked as a software developer and an entrepreneur. Our backgrounds in software, information security, and business allow us to provide clients with a unique combination of legal knowledge and technology expertise.

That mix of legal mastery, technology fluency, and business judgment enables us to understand each client's business quickly and craft legal strategies to protect their interests—without spending hours trying to penetrate the technology. In fact, we regularly attend and speak at technology-industry and hacker conferences around the country.

Marion Goldberg has represented physicians and companies in health care related matters, including compliance, privacy, and She has represented executives, hospitals, and other health care clients to structure joint ventures, deal with Medicare reimbursement, and comply with federal and state anti-kickback laws, the Stark law, and the Health Care Portability and Accountability Act (HIPAA). And she has negotiated agreements that involve health care matters of all types—including technology projects by health care entities and health care projects by technology companies.

Whether you run an engineering firm with contract issues, a late-stage start-up being sued by a former investor, or a health care company dealing with HIPAA or a data-breach, we have the experience to help.

Together, we have represented a wide variety of individuals and corporations, including large and small software companies, information-security consultancies, federal government appointees and civil service employees, corporate officers, hospitals, oil-services companies, and medical-device makers.

We have litigated cases in both the state and federal trial courts, often trying cases to verdict. We have argued appeals in the state and federal courts of appeals. And we have negotiated agreements with Fortune 100 and Fortune 500 companies, including television networks, multi-national Internet companies, public software and hardware companies, medical-device manufacturers, and multi-billion-dollar government contractors, in joint ventures, subcontracting, software development, information-security consulting, and software integration.

We also frequently speak and write about issues in contracting, privacy, data security, cloud computing, and other new technology areas.