West Hill

Attorney Spotlight: Shehla Syed named to 2024 edition of Best Lawyers 

West Hill is pleased to announce Shehla Syed was recognized by Best Lawyers® in their 2024 edition for Litigation – Intellectual Property. Since it was first published in 1983, Best Lawyers follows a peer-reviewed process recognizing lawyers in the U.S. who are demonstrating professional excellence in private practice. Best Lawyers has earned the respect of the profession, the media, and the public as a reliable, unbiased source of legal referrals. The selected lawyers are reviewed by their peers based on professional expertise and undergo an authentication process.

About Shehla Syed

Shehla is a Shareholder and IP Strategist specializing in Intellectual Property, Litigation and Alternative Dispute Resolution. Ms. Syed counsels clients on all aspects of their intellectual property – trademarks, copyrights, patents and trade secrets – to help maximize the value and enforceability of their content, brands and technology.

Shehla is a member of the Women’s Bar Association of Massachusetts, Boston Patent Law Association and the New England Muslim Bar Association, for which she was one of the founding members. Shehla has also served on the Community Ethics Committee at the Division of Medical Ethics of the Harvard Medical School which provides ethics feedback to Harvard teaching hospitals.

About West Hill

West Hill Technology Counsel is a boutique business and technology law firm. Providing pro-active, practical legal advice to help solve problems before they arise. Our clients are new and growing businesses that create or leverage technology as a core part of their business model.

About Best Lawyers

For the list and more information on Best Lawyers, click here.

West Hill Selected to Mass Lawyers Weekly Inaugural Empowering Women Awards List

West Hill is proud to be recognized in the inaugural Empowering Women Awards list by Mass Lawyers Weekly. We congratulate fellow recipients for their shared commitment to the support and advancement of women in the legal community.

The Empowering Women Award recognizes a law firm’s commitment to hiring and promoting women, providing mentoring and opportunities for professional advancement to women attorneys, and establishing programs and policies to help women attorneys thrive professionally.

“We are both delighted and proud to be awarded this designation and recognized for our firm’s continued commitment to supporting and elevating women in the legal community,” said Louise Leduc Kennedy, Founding Attorney, West Hill. 

A Better Way to Practice Law

West Hill was founded on and remains committed to hiring and professional development for women attorneys and support staff.  Louise Kennedy established West Hill in 2008, after working in the Boston office of a regional law firm and as in-house counsel at IBM. When Louise attended her 10^th law school reunion, she was the mother of two daughters and was distressed to learn how many women in her class had abandoned the practice of law because the pressures of large firm practice were incompatible with the needs of a growing family. Louise was looking for a better way to practice law and allow attorneys to integrate their commitments to family. She created a cutting-edge law practice that is dynamic, challenging, and innovative.   

West Hill Values

Louise built a team of motivated and upbeat legal professionals looking for flexibility while still practicing law at a high level. West Hill values innovation, integrity, open and honest communication, and diversity. These values shape the positive and inclusive firm culture. West Hill believes – and clients have affirmed – that happy lawyers = happy clients.   

Certified Women-Owned Business

West Hill is a WBENC- and SBA-certified women-owned business actively redefining the concept of private law practice. Diverse hiring practices are important to West Hill and many of its clients.

Empowering Women Awards

For more information about Mass Lawyers Weekly and the Empowering Women Award list, click here.

The support and empowerment of women is a critical component of the West Hill vision and mission. 

Click to Accept the Terms. Are you Exposed?

You’ve drafted website terms and online contracts that protect your business. What if the way they were presented on the screen made them unenforceable?

What makes a contract binding?

An enforceable contract has two key components: “reasonable notice” of the terms and a “reasonable manifestation of assent” to them. In other words, the user must be shown the terms and indicate that they agree. For most contracts, this is easy; a party’s signature shows that they have read and accepted it. The laws of Massachusetts and many other states apply this standard to all contracts, whether signed in ink, signed electronically, or agreed by clicking a box. 

However, there are many ways to present contract terms online, and not all are effective. Companies are often only aware once the terms are challenged in court or during due diligence for a merger or sale. The results can range from a minor inconvenience to significant legal liability.

Wrong Turn Lands Uber in Court

Even Uber has run into trouble. In the 2021 case of Kauders v. Uber Technologies, Uber sought to enforce a mandatory arbitration clause in its terms. On appeal, the court found that Uber’s terms did not bind users because the company’s online registration process was inadequate. The Uber app permitted users to click “Done” without reviewing the terms. Nothing on this page told users they should read and agree to the extensive terms and conditions. The only statement encouraging users to open and review the terms was displayed less prominently than other information. The court held that the parties had not formed a binding contract. Uber was forced into court rather than a less costly (and likely confidential) arbitration proceeding. 

The lesson from this and similar cases is that your online terms must meet the standards for a binding contract — informing users of the terms and requiring users to show that they have agreed to them.

Avoid “Browsewrap”

Many companies rely on terms in their online contracts that state that users are automatically deemed to have accepted an agreement by using the company’s product, service, or website. 

These contracts, known as “browsewrap,” do not meet the second part of the enforceability test. The user does not have to demonstrate their consent. 

Two alternatives are: 

1. Scrollwrap is a process that compels users to interact with the terms before agreeing to them, usually by making them scroll a box containing the terms before proceeding. 

2. Clickwrap requires the users to expressly click or check a box stating that they agree to the terms and includes an easy step to view them before proceeding. 

Making changes to online agreements requires a similar approach. Users must agree to the changes for them to be binding. It is not enough to present a pop-up saying that the terms have changed and inviting users to read them. Unless the user is required to view the updated terms and affirmatively agree to them, a court may find them unenforceable.

Are You Exposed?

There are as many ways to implement website terms as web designers. But a few simple sign-up or sales process steps can help ensure your contract is enforceable. These include ensuring that the terms are communicated clearly and that the language accompanying a check box is clear that the user is entering into a contract. Also, the scope of the terms and how they are communicated should be consistent with the nature and size of the transaction. 

The West Hill Team can review how you have implemented your website terms and other online contracts and advise you on updates to help enforce them.

ATTORNEY SPOTLIGHT: Louise Kennedy and Kim Prior join CWE to present Legal Considerations for “Women Owned” Business Certification 

Ready to get Certified as a Women-Owned business? The WBENC application can be daunting – we can help you navigate it. West Hill attorneys Louise Kennedy and Kim Prior join the Center for Woman and Enterprise (CWE) for a live webinar on Legal Considerations for “Women-Owned” Business Certification.  The webinars will live on June 8^th, and on July 13^th with CWE Board Member (and attorney) Deb Thomas and August 7^th with CWE Certifications Manager, Meghan Cunningham,

Sign up for the Live Webinar Today

Join this webinar for an overview of the process and criteria for obtaining WBE/WOSB certification. The process is much easier when you know what materials are required before you begin. 

A common reason that applications for WBENC certification are delayed or denied, is that the owner does not have the proper documentation about their business entity. Join us for an overview of the process and criteria for obtaining WBE/WOSB certification, including an explanation of the supporting materials that must be submitted for different business types. This is a live webinar and you will be able to ask the attorneys questions. 

“As a WBENC-certified woman-owned business, we know the benefits of certification.  The networking, education, and business development opportunities are unrivaled. But we also appreciate the challenges of pulling together the right documents for your application and renewal submissions.  We look forward to demystifying this process for woman-owned businesses with CWE.” 

Sign up today at the following links:  June 8^th, July 13^th and August 7^th.  

About CWE:

Established in 1995, the Center for Women & Enterprise (CWE) is a non-profit organization that  empowers women to launch and grow their business – so they in turn can drive economic growth, lift up their communities, and create a more equitable world.  CWE also operates the Veterans Business Outreach Center of New England (VBOC of NE) that equips veteran and active duty service members and their families with the resources to help them start and run their businesses.  

To learn more about CWE visit, www.CWEonline.org.  Find CWE on Facebook at www.facebook.com/CenterforWomenandEnterprise , Instagram at www.Instagram.com/CWETalk , Twitter at www.twitter.com/CWETalk , and LinkedIn, Friends of Center for Women & Enterprise.  

About West Hill:

West Hill Technology Counsel is a boutique business and technology law firm. Providing pro-active, practical legal advice to help solve problems before they arise. Our clients are new and growing businesses that create or leverage technology as a core part of their business model. 

ATTORNEY SPOTLIGHT: Shehla Syed presents, “What You Should Know About Doing Business Online.”

Shehla Syed presented a webinar for the Enterprise Center at Salem State University, on February 28, 2023, titled: “What You Should Know About Doing Business Online.”

Since the pandemic, the shift to more on-line business is everywhere. As beneficial as it is to conduct business online, it is also challenging to navigate the changing landscape, understanding your obligation & responsibilities and legal pitfalls.

This presentation discussed how you can protect your business, avoid the pitfalls, and answer questions such as:

• How do I work with contractors and use third party content on my website in a way that limits my liability?
• Can I use the names or logos of other companies on my website?
• How can website terms of use protect my business?
• How can I prevent others from copying me?
• How do I protect my customers information? 

This presentation also provided an overview of intellectual property (patents, trademarks, copyrights and trade secrets) and how you can use these tools to increase your competitiveness and create value in your business. Shehla Syed is an experienced attorney who counsels clients on all aspects of their intellectual property – trademarks, copyrights, patents and trade secrets – to help them maximize the value and enforceability of their content, brands and technology.

The Enterprise Center Salem State University welcomes entrepreneurs, business owners and professionals of all ages and experience levels to come in and learn something new. As an advocate and voice for the North Shore small business community, the Enterprise Center is a leader in helping business start and grow in the region.

This informative workshop was sponsored in partnership with the North Shore Alliance for Economic Development, Salem Chamber of Commerce and the Massachusetts Office of Business Development (MOBD).

West Hill Recognized as One of the Boston Metropolitan Area Best Law Firms by US News – Best Lawyers in America®

West Hill was named to the metropolitan ranking list in Boston Tier 2 – Litigation and Intellectual Property in the 2023 US News – Best Lawyers® Best Law Firms. Law firms included in the “Best Lawyers® “Best Law Firms” rankings are recognized for their professional excellence and have consistently impressive ratings from clients and peers.

According to Best Lawyers, achieving a tiered ranking signals a unique combination of quality law practice and breadth of legal expertise. Ranked firms, presented in three tiers, are recognized on a national and regional-based scale.

Firms that received a tier designation reflect the highest level of respect a firm can earn among other leading lawyers and clients .

“We are both delighted and proud to be awarded this designation and recognized for our firm’s expertise in intellectual property law,” said Louise Leduc Kennedy, Founding Attorney, West Hill.

For more information about Best Lawyers in America® and the “Best Law Firm” list, click here.

About West Hill

West Hill Technology Counsel is a boutique business and technology law firm. Providing pro-active, practical legal advice to help solve problems before they arise. Our clients are new and growing businesses that create or leverage technology as a core part of their business model.

Louise Leduc Kennedy to be Honored Among Massachusetts Lawyers Weekly Top Women of Law

West Hill is pleased to announce that our Founding Attorney, Louise Leduc Kennedy, was named to Massachusetts Lawyers Weekly 2022 Top Women of Law for her extraordinary achievements in the legal profession. This highly coveted honor celebrates the exceptional accomplishments of female attorneys as leaders, pioneers, educators, trailblazers, and role models.  

In 2008, Ms. Kennedy established West Hill, based on the simple premise that you need lawyers who understand and care about your business’ success. Louise is still passionate about helping entrepreneurs and growth-oriented businesses succeed and continues to cultivate a team of like-minded attorneys to support this vision.  

Louise is well-known for her work advising technology companies on a variety of strategic and commercial matters including: software licensing and commercialization, cloud computing, strategic alliances, preparing for and facilitating mergers and acquisitions and all aspects of on-line business and contracting.

Louise is an alumna of the Goldman Sachs 10,000 Small Businesses program and is a regular speaker at bar associations, the Salem State University Enterprise Center, the North Shore Technology Counsel, the Center for Women and Enterprise and other industry groups.  

Prior to forming the firm, Louise worked for many years as in-house counsel at IBM Corporation, including as brand counsel for Lotus Notes. She received her B.A. in Economics from Smith College and her J.D., with honors, from the University of Connecticut School of Law. 

Louise and fellow award recipients will be celebrated at the Top Women of Law reception in Boston on Wednesday, November 16. 

The full list of 2022 Top Women of Law Honorees is available here.