Our team has extensive experience negotiating transactions and preparing agreements that involve the development, licensing and distribution of technology-based products and services. Routine work for us includes orchestrating electronic commerce transactions and relationships, content acquisition, linking and framing, affiliate marketing, co-branding and co-marketing agreements.

We assist clients during the initial development of their online platforms, providing advice on all aspects of compliance and protection. This work ranges from the basics of ensuring that website development agreements reflect client expectations on ownership of work product, to evolving and complex matters such as the application of the Americans with Disabilities Act to websites.

As our clients’ web presence grows more expansive, we also provide guidance on how regulatory requirements vary across multiple jurisdictions, including for businesses whose data collection practices are global in scale. We draw on our relationships with firms around the world to ensure relevant legal review as appropriate for our clients’ websites.

Our team prosecutes and defends clients in disputes regarding the alleged misuse of trademarks and copyrighted materials. We also advise clients on website domain dispute or “cybersquatting” cases involving claims that individuals have hijacked web domain names in bad faith. We help clients understand and skillfully navigate the legal grounds on which these cases are decided, including the provisions of the Anti-Cybersquatting Consumer Protection Act (ACPA) as well as the international arbitration system created by the Internet Corporation of Assigned Names and Numbers (ICANN) under its Uniform Domain Name Dispute Resolution Policy (UDNDRP).

We routinely draft and update online terms and conditions and privacy policies for simple informational websites as well as complex e-commerce platforms. We also advise clients on continued compliance with privacy laws governing the collection of personal information. This includes compliance under state privacy laws like the California Consumer Protection Act (CCPA), as well as federal laws such as the Gramm-Leach-Bliley Act, Fair Credit Reporting Act, Fair and Accurate Credit Transactions Act, Health Insurance Portability and Accountability Act, and Children’s Online Privacy Protection Act. Where necessary, we defend clients in litigation involving claims of hacking, theft of data, cyber-trespassing and other forms of unauthorized access to computers and networks by competitors, ex-employees or data thieves.

We advise clients on all forms of digital advertising and tactics, behavioral targeting, sweepstakes, influencer arrangements, native advertising, word-of-mouth advertising, use of affiliate networks, and pop-up, SMS texting and email advertising. We provide practicable advice on complying with relevant federal and state fair and truthful advertising laws and regulations, including the Restore Online Shoppers’ Confidence Act, the FTC’s Endorsement and Testimonial Guidelines, and the Mail, Internet, or Telephone Order Merchandise Rule.

When issues arise, we pursue false advertising claims against our clients’ competitors and defend advertisers, networks and affiliates against spam litigation in federal and state courts. Additionally, we help clients avoid litigation by providing guidance on complying with state and federal spam laws, the EU Directive, cookie laws, and other regulations affecting e-mail, internet and wireless marketing.