Diana Borden practices corporate, securities, and technology law.  She has many years of experience in private practice, as well as experience on a business management team as Vice President and General Counsel for an enterprise software company.  


Ms. Borden received her law degree from University of Texas School of Law in Austin, and her undergraduate degree from Harvard University. 


Representative Matters

• Multi-million dollar acquisition of an enterprise software company by a NASDAQ-listed company in the healthcare industry.

• Acquisition of software and services provider by private equity fund.

• Representation of Fortune 500 semi-conductor manufacturer in investments in strategic software and applications companies. 

• Multi-million dollar convertible debt and warrant financing for technology company. 

• Representation of software companies and founders in initial formation, seed funding, Series A and subsequent venture capital financings. 

• Private placement (Regulation D) offerings in the software industry, other technology sectors, real estate, alternative fuel, natural gas, restaurant, and medical devices company.

• Representation of technology company in investment by Texas Emerging Technology Fund. 

• Drafting mobile app development agreements, end user license agreements, trademark registration applications, independent contractor agreements, terms and conditions of use, and privacy policies.

• Representing “big data” analysis company in enterprise software licensing, services agreements, reseller agreements, click-wrap licensing, non-disclosure agreements, strategic alliance agreements, participation in standards-setting bodies and research consortia. 

• Representing government contractor in teaming agreements, software licensing to Federal government, technology development agreements, joint venture agreements, joint development agreements, and commercialization of government-funded technology.

• Representing University faculty in the establishment of start-up companies for the commercialization of technology developed at the University. 

• Ongoing representation of software and other technology companies in operations, including inbound and out-bound licensing, outsourcing, leases, technical services agreements, employment-related matters, executive compensation and employment agreements, stock option plans and awards, purchase order terms and conditions and other sales and distribution agreements, non-disclosure agreements, contract drafting, negotiation, interpretation and management of disputes. 

• Mediation to successful conclusion of dispute among Board of Directors, common shareholders, Preferred Shareholders, and management of financial services company with offices in several states. 


Speeches (updated October 28, 2013)

• JOBS Act Access to Capital for Growing Companies, presented at University of Texas IC2 Institute Webinar JOBS Act and America Invents Act:  Options, Obligations and Opportunities”  May 2012

• Directors’ Duties for Portfolio Companies, presented at The Seminar Group Venture Capital Financing Seminar, Austin, Texas October 2011

• Intellectual Property for Startups, presented at University of Texas School of Law Community Development Clinic, October, 2013

• Series A Term Sheets, presented to Central Texas Angel Network, 2008

• Bringing the Idea/Invention to Market:  Perspectives from Founders and Financiers  State Bar of Texas Business Disputes and Litigation in the Digital Age Institute, Dallas 2005

• University of Texas Technology Law Conference, Co-Chair of Planning Committee, 2004

• Software Licensing Fundamentals:  Practical Pointers  University of Texas Computer and Technology Law Institute 2003

• Practical Guidance on Electronic Contracts  Association of Corporate Counsel, Austin 2003

• Software Licensing:  Practical Pointers for Corporate Lawyers  Travis County Bar Association Business, Corporate and Tax Section 2001

• Who Owns It?  Acquiring Software “Title”  Travis County Bar Association, Business, Corporate and Tax Section 1999

• A Roadmap to Acquiring Software Title:  Acquisitions, Development, and Security Interests  University of Texas at Austin Computer Law Institute 1998

• Copyright Misuse  University of Texas School of Law Intellectual Property Law Association Institute, 1998