Attorneys in Buchalter’s Internet, E-Commerce & Social Media Industry Group provide a wide array of cyber law- related counseling to clients of all sizes — from start-ups and early stage companies to Fortune 100 companies throughout the U.S. and internationally. The development of law in this area has lagged behind the exceptional pace of technological change. However, our attorneys keep themselves at the forefront of the law through continuing education and by frequently speaking and writing on Internet-related topics.
Our attorneys are able to handle a variety of legal issues faced by companies or individuals that have an Internet presence. Our experience enables us to counsel clients in all stages of Internet business development — from setting up a domain to selling products in the U.S. and global marketplaces via the Web.
Our lawyers routinely handle:
- Cloud Computing
- Co-Branding Agreements
- Copyright and Trademark Issues
- Data Protection/Privacy
- Digital Signature and Encryption
- Distribution and Marketing Agreements
- Domain Name Disputes / Litigation
- Email and Internet Usage Policies
- Federal Trade Commission Disclosures regarding Sponsored Online Publications and Posts
- Hosting Agreements
- IP Protection and Enforcement
- IT and Telecommunications Services and Infrastructure
- Joint Venture Agreements
- Licensing Agreements (including software (SaaS), content and media, data, and other online and IP rights)
- Maintenance and Services Agreements
- Outsourcing
- Patent and Trademark Protection
- Purchases and Sales Transactions
- Reseller Agreements
- Supply Chain Agreements
- Web Site Advertising Clearance, Development Agreements, and Disclaimers
Domain Name Disputes/Litigation
Having acquired hundreds of domain names for clients critical to their business success, our attorneys also regularly represent clients in connection with ICANN domain name arbitration proceedings.
We have extensive experience in the enforcement of Internet and domain names, through the implementation of strategies ranging from cease and desist letters, Uniform Domain Name Dispute Resolution Policy (UDRP) complaints, individual website complaint procedures, and even trademark litigation under the Anti-cybersquatting Consumer Protection Act (ACPA). We have been successful in obtaining substantial statutory damages and attorneys’ fees on behalf of clients under the ACPA.
Ecommerce
Our attorneys have assisted commercial websites and their affiliates by reviewing and negotiating contracts with third party processors. We have also assisted clients with numerous banking issues, and have set up subsidiary and affiliate entities in order to allow the client to qualify for EU credit card processing and banking. Further, our attorneys have extensive experience with copyright and trademark infringement actions involving ecommerce platforms.
Social Networking
The explosive use of social media has raised a myriad of privacy and compliance issues for employers. The law recognizes that employers have legitimate interests in disciplining employees, safeguarding trade secrets, preventing disparagement of their business, and ensuring a work environment free of discrimination, harassment, and abusive conduct. At the same time, federal and state courts, state legislatures and the National Labor Relations Board have recognized broad protections for employees in their internet communications. Attorneys in our Labor & Employment Practice Group assist clients in avoiding disputes with employees concerning social media use by drafting clear, narrowly tailored employment policies that balance the employer’s and employees’ legitimate interests.
Buchalter’s attorneys also have significant experience advising clients on how to post content on social media, as well as how to leverage content found on social media to use in their own advertising and websites.
General Website Matters
Our attorneys have experience with drafting and reviewing website “privacy policies” and “terms of use” to ensure our clients are well-protected and comply with applicable Internet statutes and regulations (such as the Federal Trade Commission, the Children’s Online Privacy Protection Act, and the Electronic Communications Privacy Act).
Trademark Investigations and Litigation
Buchalter’s trademark attorneys have substantial experience in advising and counseling clients on trademarks and service marks across a variety of industries. Our attorneys are familiar with all facets of trademark law and prosecution, and include a former Examining Attorney from the Trademark Office.
Our team of professionals performs searches and counsels clients on the selection of trademarks, prepares and files trademark applications, renewals, and handles oppositions and appeals at the Trademark Trial and Appeal Board. We have collectively prosecuted thousands of trademark applications to registration and keep our clients apprised of possible infringers and competitors. Our attorneys also have substantial experience in implementing and managing domain name protection strategies in providing enforcement against domain infringers.
Buchalter is authorized to serve as an agent in the Trademark Clearinghouse (TMCH). As one of a limited number of US trademark agents, we are able to assist our clients with recording their trademarks in the TMCH to ensure their brands are protected before and during the impending launch of hundreds of new generic Top Level Domains (gTLDs).
