Our firm handles a variety of Internet, social media, and technology-related legal issues and transactions. We are not luddite lawyers. Our deep understanding of the Internet's technological infrastructure and the associated vernacular enables us to efficiently and successfully tackle Internet-based legal issues. Our team has been recognized by Who’s Who Legal® and The Best Lawyers in America© for information management law and other technology-focused areas of practice.
Our practice includes bringing bills of discovery to identify anonymous online posters, addressing social media defamation and online reputation management, cybersquatting, takedowns associated with trademark and copyright infringement, resolving domain name disputes under the Uniform Domain-Name Dispute-Resolution Policy (UDRP), drafting website terms of service, privacy policies, loyalty program and payment processing agreements, Digital Millennium Copyright Act (DMCA) policies and designations of copyright agents, domain name acquisition agreements, licensing agreements, software as a service (SaaS) agreements, assisting in compliance with the Controlling the Assault of Non-Solicited Pornography and Marketing Act (CAN-SPAM) and the Children’s Online Privacy Protection Act (COPPA), and the defense of consumer protection and regulatory matters. It further includes working with the Federal Bureau of Investigation and other law enforcement entities in addressing Internet-related issues on behalf of our business clients.
Representative examples of our experience include the representation in the brokering and sale of several domain names for several million dollars in aggregate, drafting hundreds of terms of service, privacy policies, and DMCA takedown policies for clients in a variety of industry sectors, providing opinion memoranda for clients on the legal and regulatory aspects of Internet-based operations on new lines of business or business operations involving grey areas at the intersection of technology and law, and litigating a broad range of Internet-related claims.
Our experience also includes the representation of several mobile application developers, including preparing all terms and collateral agreements, as well as addressing issues associated with FERPA and the Children’s Online Privacy Protection Act (COPPA), representation of a national game developer and publisher in developing strategies and responses to large-scale denial of service (DDoS) attacks, representation of a leading solar manufacturer regarding allegations of deceptive advertising practices associated with the use and operation of the manufacturer’s website, the representation of a New York based social media company as outside general counsel in addressing all aspects of operations, preparing and submitting thousands of takedown requests associated with Digital Millennium Copyright Act (DMCA) issues or issues associated with potential violations of terms of service on various publicly available websites, as well as representing clients in information and security privacy issues associated with Internet-based operations, and interfacing with the Federal Bureau of Investigation on Internet-based legal issues.
We have extensive experience in tracking the identities of individuals or entities who post online content. Representative examples of such matters include the representation of an automobile dealer in Florida-based bill of discovery proceedings to successfully identify an individual posting unlawful and defamatory content on social media platforms, representation of a high net worth individual client in proceedings to successfully identify an individual who falsely created an online dating profile impersonating the client in an attempt to harm the client's reputation, and representation of an international company in 28 U.S. Code Section 1782 proceedings in the Northern District of California to successfully determine the identity of an individual associated with Hong Kong based judicial proceedings.