| 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 website 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 website’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’ websites. 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 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. (Ongoing) Representing Conde Nast in action under Anti-Cybersquatting Consumer Protection Act against notorious domain name infringer, and in subsequent interpleader action regarding collection of damage award. (S.D.N.Y. Ongoing) Defending domain name registrar eNom, Inc., against antitrust and RICO claims. 2:08-cv-04488 (C.D. Cal. Ongoing) Assistance with a software developer in licensing its remote medicine system to hospitals. (Ongoing) Defended the Australian Broadcasting Corporation against claims of defamation and copyright infringement allegedly arising from a television program about plaintiff's credentials as a media expert on counter-terrorism in Afghanistan and related Web postings. Motion to dismiss granted; appeal to 2nd Circuit dismissed. 91 U.S.P.Q.2d 1281 (S.D.N.Y. 2009) Defended Amazon.com in a lawsuit brought by the Humane Society of the United States regarding sale of subscriptions to gamecock magazines. No. 07-0623 (CKK) (D.D.C. 2009) 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 website. (N.D. Cal. 2008) Represented Amazon.com in a putative nationwide class action alleging misrepresentation and the sale of counterfeit goods on the Amazon.com website. Obtained orders striking class allegations and granting motion for summary judgment. (King Cnty. (Wash.) Super. Ct. 2008) Represented a private lender in a secured note transaction with a private, e-commerce retailer. (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 websites. No. 04-56916 (en banc) 521 F.3d 1157 (9th Cir. 2008) Won trial court order refunding $2.1 million in 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. 164 Wn.2d 35, 186 P.3d 1032 (Wash. 2008) Represented Internet domain name registrar in putative nationwide class action litigation challenging reseller's failure to transfer names. Obtained dismissal on the pleadings. (2008) Established terms of business offering for m-commerce platform for software developer. (2008) Company counsel to The Relegence Corp. in $50 million acquisition by AOL, LLC. (2008) Represented Microsoft Corporation in negotiations relating to providing technology used in putting NBC's 2008 Summer Olympics content on the Internet (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. 418 F. Supp. 2d 639 (S.D.N.Y 2005, 2d Cir. 2008) Represented Amazon.com in a breach of contract action against Inphonic, Inc., for breach of its merchant agreement. (2007) Defended attorney evaluation website. Court granted motion to dismiss on First Amendment opinion grounds, also holding that distribution of information is not 'commerce' under state consumer protection laws. 525 F. Supp. 2d 1249 (W.D. Wash. 2007) Negotiated online third-party service offerings for national retailer. (2007) Defense of copyright infringement action involving use of photographs in promotional materials for model airplanes. Obtained favorable confidential settlement. No. CV06-604RSM (W.D. Wash. 2007) Represented Echostar Satellite Corporation Grp. in 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. (S.D.N.Y., C.D. Cal. 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 website. Successfully settled. (C.D. Cal. 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. (2007) Assisted emerging social networking service in developing contracts for business offerings for private-label social network sites. (2007) Acquisition of Banda Ancha S.A., a Spanish telecommunications company. (2006) Represented affiliated company in purchase of debtor's assets and defense of $7.5 million preference claim. (Bankr. D. Del. 2006) Series A preferred stock angel financing for Web 2.0 services company. (2006) 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. (2005) Represented XBRL platform developer in Series A senior preferred stock financing from Draper Fisher Jurvetson. (2005) Series A and Series B Preferred Stock financings. (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 website game, establishing precedent for the unauthorized use of trademarked products in entertainment. 101 F. App'x 248 (9th Cir. 2004) Represented 4thPass, Inc., a wireless applications developer, in its acquisition by Motorola, Inc. (2002) Represented 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. (C.D. Cal.) Represent technology company in merger transaction. Private offering of convertible unsecured promissory notes and warrants. 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 | | Search Experience | | | |  |
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