In Information Technology, an Array is an indexed data structure – a systematic method of organizing information. More broadly, the word conveys a concept of “order” rooted in rules and organization rather than rigid hierarchy.

Array brings together a network of independent IT lawyers dedicated to providing specialized legal support to enterprises, developers, and traditional law firms. We step in whenever highly technical competence is required in the IT and Telecommunications (TLC) fields. This legal expertise is paired with a deep understanding of the technical issues that underpin the law.

Such specialized skills are rarely found in traditional law firms, even those claiming to specialize in “Intellectual Property.” However, this dual fluency is indispensable for providing effective assistance in today’s digital landscape.

Beyond traditional IT and TLC law, the members of Array focus heavily on Free and Open Source Software (FOSS). We offer a level of proficiency in this niche that is difficult to find even in specialized technology firms. Because we operate in such a specific niche, Array members seamlessly collaborate with a client’s existing legal counsel or professional advisors.

Array is not a formal professional association or a traditional partnership; it is an “array” of professionals who assemble precisely where and when their expertise is required.

The Role of an IT Lawyer

Simply being an “Intellectual Property specialist” does not make one an IT Lawyer.

First and foremost, a proficient IT lawyer must understand the fundamentals of software programming. While they do not need to be a professional coder, they must grasp the differences between various programming languages, the mechanics of networks, and common security or “hacking” techniques. In short, familiarity with technology is a prerequisite – an attitude not typically required in other legal fields.

For example, to provide a sound legal opinion on the protection of communication protocols, a lawyer must technically distinguish between a protocol, its software implementation, and its technical specifications. Without this understanding, the lawyer risks giving a client misleading or erroneous advice regarding industrial property protections.

Similarly, when advising on the combination of proprietary and Open Source software, a lawyer must understand the technical methods of integration – such as linking, shims, and APIs. Failure to do so may lead to unnecessary alarm over non-existent risks or, conversely, a failure to warn the client about the specific legal obligations triggered by such an integration.

Secondly, an IT lawyer must be well-versed in the legalities of producing, selling, and distributing hardware, software, and services. To draft an effective distribution agreement, one must be acquainted with:

International Treaties: Laws such as the Wassenaar Arrangement that restrict the export of certain technologies.
Liability Frameworks: Warranty limitations and liability caps inherent in both proprietary and Free Software licenses.
Compliance: Data retention, data protection (GDPR), and information security laws.
Technical Safeguards: Instruments designed to prevent the unlawful exploitation of protected goods.
Industry Standards: Common policies regarding maintenance, updates, and technical assistance.

Finally, an IT lawyer must understand corporate dynamics and industry standards to validate a project step-by-step. The goal is to avoid creating unnecessary obstacles for technical teams. Instead, a proactive lawyer identifies sensitive legal points early enough to adjust the development path.

For instance, an expert in the field knows that certain filesystems are covered by patents that make them unsuitable for embedded devices. If a legal expert cannot identify and react to that threat during the project’s design phase, the client could face serious legal consequences once the product has already hit the market.