|
Other Practice Areas....
Advertising Law
Business Law
Computer Law
Copyright
Corporate Law
Employment Law
Technology Start-Ups
Trade Secrets
Trademark
|
In General
My Internet and e-commerce clients include primarily start-up companies
at the earliest stages of development, and well-established private companies
which have decided to use the Internet and e-commerce to expand or enhance
their existing business.
In addition to the general corporate representation I provide, I aid my
clients in properly assessing the laws that affect their industry and
the potential risks that abound in cyberspace. In an effort to limit their
potential risks, I work with my clients and their web developers to ensure
such risks are minimized via the use of properly drafted website legal
pages, privacy statement, disclosures, and disclaimers. I have proven
experience in drafting and negotiating all kinds of internet agreements,
such as: website development agreements, web hosting and service agreements,
co-branding and content agreements, and online terms of use agreements.
This interdisciplinary practice area also addresses the legal needs of
established and emerging online businesses with respect to content, copyright,
contracting, encryption, "look and feel," domain name, on-line
marketing, the Communications Decency Act and Children's Online Privacy
Protection Act, and ISP and ASP issue. I also assist my clients in software
licensing, information access agreements, digitization and graphic formatting
standards, infringement and other contemporary Internet-related and jurisdictional
issues.
Intellectual Property Protection
Intellectual property issues associated with the Internet and e-commerce
include: licensing issues for software and third party content; copyright
and trademark issues, with particular attention on registration and enforcement;
and protection of trade secrets.
Legal Contracts and Agreements
Properly drafted website legal pages and back end agreements may provide
you with certain legal rights, and more importantly, are a simple inexpensive
tool to reduce the risk of liability arising from your website. The following
are just a few of the agreements I prepare:
-
Website terms and conditions of use,
merchant terms of use, privacy statements, disclosures, disclaimers,
and policies regarding spamming, data protection, encryption, sweepstakes,
contests, and content management.
-
Website, design, development and hosting
agreements.
-
E-commerce transactions issues, including
merchandise sales; warranty disclosures; refund policy, compliance;
taxes; payment and fulfillment issues; strategic alliances; and electronic
data interchange (EDI) agreements.
-
Website advertising, tenancy, co-branding,
marketing, and linking agreements.
Website Regulatory and Compliance
Issues
With respect to the Internet itself, I also assist my clients with: protecting
and maintaining their creative design and marketing exclusivity (copyright
and trademark), electronic commerce matters, online sweepstakes and contests,
advertising laws, privacy rules, jurisdictional issues, preventing claims
by third parties for defamation, slander, and first amendment rights,
framing and linking issues, and "Click Wrap" procedures,
E-Mail and Electronic Documents
With respect to Email and electronic documents, I assist my clients in
redressing privacy and other, liability issues (defamation, harassment,
and other first amendment rights); document retention policies; possible
insurance coverage; and employer-employee issues (employer monitoring,
employee Internet and E-mail use policies, and the prevention of trade
secret theft).
Domain Names
I assist my clients in the strategic selection, availability, registration,
acquisition, transfer and assignment of domain names; resolution of domestic
and international domain name disputes; and Internet Protocol address
issues.
Internet Advertising and Privacy Concerns
I am heavily involved in issues relating to Internet advertising, including
personal data privacy protection and compliance with the CDA and COPPA.
Clients include companies engaged in Internet services requiring the collection
of personal data of users of the services and U.S.-based companies concerned
over the implications of the new European Union privacy directive.
Government Policy
I regularly monitor legislative developments and activity in the Legislative
and Executive Branches of our government that may affect electronic commerce.
When something pertinent occurs, my office attempts to advise its clients
on the recent changes in the law, review and analyze presently existing
websites to determine if there are any legal violations or third party
infringements, and prepare and update website legal pages.
I assist my clients in the strategic selection, availability, registration,
acquisition, transfer and assignment of domain names; resolution of domestic
and international domain name disputes; and Internet Protocol address
issues.
|
