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 retail business.
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, 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).
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.
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 actively represent technology companies on a full range of issues in a wide rage of industries, including: those involved in software programming and development; web site design, development and hosting; hardware and PC sales; e-commerce; entertainment (mainstream and adult), and art. I understand that technology companies have special challenges and opportunities. I have extensive hands-on experience in dealing with these industries and am therefore able to adapt to the unique financing- and technology-development needs of clients.
Clients in this practice area range from companies and individuals who develop software and hardware to clients who use software to support their primary business activities.
As general corporate counsel, I provide strategic legal services to private corporations of every size at every phase of their growth. Companies I have recently been advising in a number of areas of legal practice include a leading software development and java programming company, an online marketing and advertising company, a leading web development company, and an international web design firm.
Trade Secret Protection and Enforcement.
The computer law practice focuses on the protection and enforcement of computer-related proprietary rights, including: copyrights, trademarks and trade secrets. I counsel my clients on all aspects of copyright protection and ownership issues relating to computer hardware and software companies, employees and consultants. My office also files trademark applications, and thereafter helps the client properly maintain and defend their trademark rights. We also perform intellectual property audits to determine the most effective and efficient method of protection. We then help the client develop internal programs and appropriate documentation to protect trade secrets, manufacturing processes, know-how and other confidential information.
Hardware and Software Licensing and Distribution.
I have been very active in the licensing and distribution of computer related hardware and software technology, as well as content. My office routinely negotiates and documents licensing, royalty, lease, and installation arrangements regarding a variety of computer technologies, including hardware, software, databases, trademarks and trade secrets. I also advise my clients on the appropriate business structures, localization issues and distribution techniques as well as negotiate and draft related documents for distribution, OEM relationships, dealerships, and sales representative relationships.
Strategic partnerships and licensing deals are becoming an increasingly vital component in a company's ability to thrive in a changing market environment. I have significant experience in the formation of various types of strategic alliances, including outsourcing, licensing, and technology-related development agreements.