In simple terms, internet law—also known as cyberlaw—encompasses legal matters relative to the Internet, software and technology. There is also crossover into more traditional areas of practice such as contract law, trademark law, copyright infringement, patent law and defamation, as these types of matters increasingly more common to the internet space with the rapid expansion of connectivity in today’s society. An experienced internet lawyer understands software, technology and the internet, and the online laws that govern them.
A quality internet practitioner understands how legal issues arising on the internet are handled by the web community at large, the regulators and during litigation, possesses the requisite knowledge as to the technology behind the web, and is able to efficiently and effectively navigate the internet space to find information such as domain portfolios, anonymous posters of content, web site developers who have disappeared with a stolen domain name and a variety of other cyber-law issues. From cybersquatting, brand recognition and protection to internet defamation matters, we can help.
Regulatory & Compliance Matters
We have significant experience in all aspects of internet advertising and e-commerce regulation, including email marketing and telephone solicitation. We understand how the process works and, more importantly, how we can make the process work not only to limit your regulatory costs but also to ensure that you enjoy the benefits and protections available through the regulatory process. In addition to regulatory compliance review/auditing and regulatory litigation, we also represent clients in obtaining the certifications and licensing required for engaging in regulated market activity.
It is highly recommended that you invest in a legal audit before launching an app, website or mobile marketing campaign. Any thorough legal audit should, at a minimum, include:
- Auditing the look and "fine print" of your ads and squeeze pages to ensure they meet the standards of both the U.S. Federal Trade Commission, State regulators and Attorneys General.
- Reviewing and drafting promotional language. If you're fast and loose with marketing copy, the FTC, state regulators and/or State Attorneys General may come knocking.
- The activities of your publishers and affiliate marketing partners. (Yes, the FTC holds advertisers responsible for the machinations of affiliates.)
Website Agreements, Terms & Conditions, Privacy Policies, and Disclosures
The negotiation process is among the most critical aspects of our practice and one in which we are engaged on a daily basis. We are also keenly aware that successful negotiations do not occur by chance, but require a careful process which involves clearly defining one’s goals from the outset, developing a comprehensive strategy, and employing a fluid tactical approach combined with methodical execution. Through careful strategic planning and tactical execution, our clients negotiate from a position of strength and are generally able achieve the desired outcome.
Contract Drafting & Review
Productive contract drafting/review is a skill which is developed only through a broad range of experience, well beyond basic contract law. At the end of the day, a contract is only as good as it enforceability. Contracts do not exist in a vacuum. Even the most well-intentioned and strongly worded agreements can be of limited or no use if not written in a manner that ensures you are protected and your rights will be upheld should the matter ever end up in court. Thus, it is very important that your contract counsel also possess a strong business background, a nuanced understanding of the internet and technology industry, and a significant civil litigation background.
We have experience drafting a wide array of internet and technology related agreements, including software and data licensing, publisher and advertiser agreements, list management agreements and business process outsourcing agreements. We are firmly committed to ensuring that our clients understand their agreements, both in terms of the legal rights and obligations that they create. Most critically, we also work with our clients to make sure that their business practices mesh effectively with the terms and conditions, and ongoing performance obligations of their agreements. Our years of litigation experience also gives us a unique insight into the types of issues that arise when these types of agreements are in dispute. We use this experience to build safeguards into our clients' agreements that are rarely provided elsewhere. We also understand the dynamics of the negotiation process and know how to drive agreements to resolution quickly and efficiently and on terms and conditions most favorable to our clients.
Our work on computer and software issues has included the drafting of software license and related agreements and litigation of issues relating to software use and allegations of software pirating. Our work on intellectual property issues has included matters involving copyright, trademark and trade secret protection and licensing, as well as litigation involving these areas.
We have also drafted web hosting agreements, content licensing agreements and have the capability to provide trademark protection under the Anti-cybersquatting Act, and copyright safe harbor protection and/or defense under the Digital Millennium Copyright Act.