| In a very short time, Internet and e-commerce business strategies have evolved from concept to a novelty to a core part of every company’s strategy. Our lawyers have been there from the beginning and continue to stay involved with every new development, working with clients as the technology and law develops to help advance clients’ business objectives.
Our lawyers know and love technology. We commit to offering practical and timely advice, and we staff work efficiently, matching the right level of attorney experience to the needs of the project. We help all types of Internet and e-commerce companies, from companies that solely provide services on the Internet to those companies for which the Internet and e-commerce are just one part of their operations.
We work with clients on the full range of issues that faces companies operating on a global network, including Web site and online services development and review, hosted services, digital media and multimedia offerings, content licensing, software licensing, privacy and security, trademarks and domain names, financial transactions, advertising, telecommunications and infrastructure, and complex litigation.
As one of the nation’s leading media and communications law firms, we have particular experience working with publishers, film producers, video game publishers, television networks, cable operators and broadcasters in Internet and e-commerce matters. We also counsel clients throughout the telecommunications industry, from wireless and wireline carriers to equipment manufacturers on matters ranging from the wireless Web, SMS programs, and VoIP rollouts to joint marketing programs, wireless content distribution, and infrastructure management. These clients rely on us to help them reach the best overall business solution by integrating critical issues that often involve both distribution and content concerns.
Leveraging advertising, sponsorship and e-commerce opportunities is critical to a Web site’s survival. We have extensive experience with online advertising agreements, joint marketing agreements, data analysis agreements, online sponsorship agreements and other marketing arrangements. We also have experience providing e-commerce-related support, including sales agent and reseller agreements, commission sales arrangements, barter agreements, and other arrangements for the online sale of goods and services.
In today’s global networked environment, ensuring that a company’s infrastructure and operations are properly organized and secured is critical. We regularly negotiate agreements for all of a client’s back-end needs, including data storage, network monitoring, customer support, payment processing, warehousing, outsourcing and fulfillment.
With increasing concerns about privacy, you need lawyers who know how to apply the privacy laws to your online operations. We draft privacy policies and terms of use for our clients’ Web sites. We also provide advice on COPPA, Gramm-Leach-Bliley, HIPAA, European privacy and data protection laws, Canadian data privacy laws, and spam and data breach laws. We closely track FTC and FCC developments related to privacy. |
Selected Experience National online retailer Ongoing Representation of a national online retailer in drafting and negotiating new business offerings for e-commerce technologies and services and in procuring technology and services to support business offerings, development and internal operations. The Australian Broadcasting Corporation Ongoing Defending the Australian Broadcasting Corporation against claims of defamation and copyright infringement allegedly arising from television program about plaintiff's credentials as a media expert concerning counter-terrorism in Afghanistan and related Web postings. Motion to dismiss granted; appeal to 2nd Circuit dismissed. Class of music publishers Ongoing Representing a class of songwriters and music publishers in Grokster copyright infringement action against peer-to-peer file-sharing services. Plaintiffs obtained unanimous decision from U.S. Supreme Court ruling that defendants could be held liable for inducing copyright infringement. eNom, Inc. Ongoing Defending domain name registrar eNom, Inc., against antitrust and RICO claims. Health care software developer Ongoing Assistance with a software developer in licensing its remote medicine system to hospitals. Amazon.com 2009 Represented Amazon.com in a lawsuit brought by the Humane Society of the United States regarding sale of subscriptions to gamecock magazines. Case dismissed. Coalition of media organizations 2008 Represented national media coalition to successfully oppose and vacate a prior restraint order issued by a federal court in San Francisco against Wikileaks.org after confidential Swiss banking records were posted to this whistleblower Web site. Amazon.com 2008 Represented Amazon.com in a putative nationwide class action alleging misrepresentation and the sale of counterfeit goods on the Amazon.com Web site. Obtained orders striking class allegations and granting motion for summary judgment. Private lender 2008 Represented a private lender in a secured note transaction with a private, e-commerce retailer. Media clients of Davis Wright Tremaine 2008 Submitted amicus brief on behalf of media amici in 9th Circuit's en banc review of the scope of immunity afforded by Section 230 of the Communications Decency Act to mixed-content Web sites. National cable company 2008 Won trial court order refunding taxes paid by national cable company to the City of Seattle on cable Internet service. Won unanimous Washington Supreme Court decision affirming the judgment on appeal. eNom, Inc. 2008 Represented Internet domain name registrar in putative nationwide class action litigation challenging reseller’s failure to transfer names. Obtained dismissal on the pleadings. Mobile commerce software developer 2008 Established terms of business offering for m-commerce platform for software developer. Microsoft Corporation 2008 Represented Microsoft in negotiations relating to providing technology used in putting NBC's 2008 Summer Olympics content on the Internet. CleverSet, Inc. 2008 Represent technology company in merger transaction. The Relegence Corporation 2008 Company counsel to The Relegence Corporation in $50 million acquisition by AOL, LLC. Communications company 2008 Successful defense of a soundware company against copyright infringement claim based on drum loop used in advertisement. Case raised issues of originality, independent creation and substantial similarity. Defendants prevailed on summary judgment. Amazon.com 2007 Represented Amazon.com in a breach of contract action against Inphonic, Inc., for breach of its merchant agreement. AVVO 2007 Defended attorney evaluation Web site. Court granted motion to dismiss on First Amendment opinion grounds, also holding that distribution of information is not “commerce” under state consumer protection laws. National retailer 2007 Negotiated online third-party service offerings for national retailer. Online retailer 2007 Construction lien claim, lease, and financing workout. The Franklin Mint 2007 Defense of copyright infringement action involving use of photographs in promotional materials for model airplanes. Obtained favorable confidential settlement. Echostar Satellite Corporation Grp. 2007 Declaratory judgment actions raising issue of whether use of competitor's trademark as a search term is a trademark use and/or trademark infringement; defeated motion to dismiss; thereafter settled. Halogent LLC d/b/a Exposed Skin Care 2007 Trademark, false advertising and copyright infringement dispute over defendant's keying search engine advertisements to searches on plaintiff's PROACTIV trademark, and content of defendant's Web site. Successfully settled. Softwrap Limited 2007 Compelled World Intellectual Property Organization (WIPO) arbitration (London) for client in software license dispute. Order for dismissal without prejudice; plaintiff's motion for reconsideration denied by court order. Social networking service company 2007 Assisted emerging social networking service in developing contracts for business offerings for private-label social network sites. CleverSet, Inc. 2007 Private offering of convertible unsecured promissory notes and warrants. Clearwire Corporation 2006 Acquisition of Banda Ancha S.A., a Spanish telecommunications company. MDC Corporation, Inc. 2006 Represented affiliated company in purchase of debtor's assets and defense of $7.5 million preference claim. Audio Publishing 2006 Series A Preferred Stock angel financing for Web 2.0 services company. Amazon.com 2005 Represented Amazon.com on insurance coverage litigation to recover defense costs and settlements paid in patent infringement cases. Obtained summary judgment, resulting in a favorable settlement. UBMatrix, Inc., an XBRL platform developer 2005 Series A Senior Preferred Stock financing of XBRL platform developer by Draper Fisher Jurvetson. Conde Nast 2004 Represented Conde Nast in action brought under anti-cybersquatting prevention provisions of Lanham Act against notorious domain name infringer. Youbet.com 2004 Developed and instituted Tech Transfer Protocol policies, as well as managed the patent and trademark portfolio. Auctionpay Inc. 2004 Series A and Series B Preferred Stock financings. Paramount Pictures 2004 Successfully defended Paramount Pictures in trademark, dilution and unfair competition lawsuit based on alleged misuse of Slip 'N Slide yard toy in motion picture and associated advertising and interactive Web site game, establishing precedent for the unauthorized use of trademarked products in entertainment. 4thPass, Inc. 2002 Represented 4thPass, Inc., a wireless applications developer, in its acquisition by Motorola, Inc. Developer of Alaska Federal Health Care Network Ongoing representation of developer of Alaska Federal Health Care Network in connection with registration and use of portfolio of trademarks. * Denotes experience completed at a prior firm | |