Mobile applications, Iphone, Android, IOS, Web and App Development Startups

Startup businesses involved with developing mobile applications are different than other start-up companies.  Development activities usually involve a collaboration of creative talent along with a need and influx of some investment partner(s).  The company itself is wholly dependent on the success of a product that not only has to be developed, tested and debugged, but then the product is launched before any of the investors or developers acquire a return on their investments.  The arrangements and commitments of the owners revolve around the potential success or failure of the launch.  There are numerous complexities to successfully set up and operate a mobile app application business that need to be considered prior to launch  and those that understand and successfully maneuver these complexities are far more likely to succeed in a proactive as opposed to a reactive manner

Successful operation of a mobile application business or the underlying Iphone, Android or similar app project involves many factors, including the quality and marketability of the app, the timing and ease of entry of competitors and a determination of the best way to develop, secure and protect the intellectual property used to develop the app as well as decisions whether to self launch or rely upon third parties and enter various license arrangements.  It’s not easy to succeed as hundreds or thousands of apps are being launched weekly, and once success is achieved, the product is subject to attack by competitors or reverse engineering by major players.  The company itself may be under constant threat of internal division and conflict over the rights to the code, creative elements and derivative works.  It is essential that a company consider these legal issues and not forget the importance of proactively addressing prior to launch.  An attorney can help identify the potential speed bumps and set up appropriate processes and procedures as guard rails to keep you on the right path when it comes to protecting an app and the company’s assets.

Mobile applications, Iphone, Android, IOS, Web and App Development companies are difficult to start.  If the owners are successful, however,  in setting up and building an app related business, it is important to preserve the business and all ownership rights, to properly compensate and incentivize the key creative employees and to reward and satisfy past and future investors.  There are also a number of third party agreements that must be entered into and managed such as vendor, independent contractor, technology development, content license, hosting, testing, joint development and marketing agreements.  There are also online considerations with respect to a company’s online privacy policy and terms of service which must comply with laws applicable to these policies. A seasoned attorney can help you identify what agreements and policies will be needed to develop, manage and operate the app in a proactive as opposed to a reactive way.  If the business fails to become successful and sustain such success, it is important that proper agreements were executed and include provisions that minimize the owner’s and investors’ exposure and liability.

At Petronzio Schneier Co., LPA, we work with mobile app developers and entrepreneurs in setting up and protecting their investments and works that are created. Attorney Rachel Lerner heads up our Technology and Intellectual Property law practice and has a strong concentration and presence in technology and licensing arrangements.  Rachel Lerner is active in the Cleveland technology launch community and serves as an intermittent adjunct professor at Case Western Reserve University School of Law.  The services provided at Petronzio Schneier Co., LPA include:

  • Discussion of and set up of appropriate entity, such as an LLC or Corporation.
  • Discussion and documentation of arrangements between owners, sweat equity partners and investors.
  • Negotiation of various technology and licensing arrangements and agreements.
  • Advise relating to employment hiring, firing, pay and health insurance issues.
  • Employment agreements, work for hire clauses and non competition and non solicitation clauses.
  • Independent contractors and work for hire arrangements.
  • Branding and licensing advice.
  • Review of vendor agreements and arrangements.
  • Review and negotiation of website design, hosting, supplier, vendor, marketing, sponsorship and content license agreements.
  • Discussion of necessity of insurance coverage and appropriate types of insurance agents.
  • Discussion of necessity of accountant for employment and tax issues affecting interstate sales.
  • Discussion of trademark and copyright protection or potential infringement issues.  The filings of trademarks, Copyrights for creative works including websites. .
  • Representation in the sale or purchase of a mobile app related business.

There may be many other issues or matters involved with your situation or mobile app business setup, but the new business setup process and many of the issues above are typical in a mobile application business setup.  The process can be relatively simple or very complex, depending upon the number of owners and investors, and size of the establishment, plans to manage and exit the business.  In each case, we will work with you to isolate what to expect and the costs involved.  Please feel free to call to arrange a telephone conference or in person meeting to discuss your particular situation.   An initial consultation is provided without charge, and we would be pleased to be a part of your business and help you and your business succeed.