Internet Law: Areas of Practice

Copyright

• Digital Millennium Copyright Act, including safe harbors and anti-circumvention
• Anti-piracy programs, both domestic and international
• Fair use of copyrighted materials, including text, images, movies and music
• Secondary (contributory and vicarious) infringement liability and correlative safe harbors, including impact of  U.S. Supreme Court's Sony and Grokster decisions
• Linking and framing liability
• Open-source issues
• Class actions

Trademark

• Litigation involving metatags and advertising key words
• Cybersquatting and domain-name disputes before federal courts, under the UDRP and other dispute resolution procedures
• Trademark fair use and "gripe sites"
• Secondary trademark liability for service providers
• Registration and protection for marks in U.S. and worldwide jurisdictions, including in the European Union and under the Madrid Protocol
• Implementation and enforcement of trademark licensing agreements

Patent

• Litigation of patent infringement claims, including plaintiff and defense representation
• Design and implementation of patent licensing programs, including licensing and enforcement
• Reexamination and interferences, including ex parte and inter partes proceedings
• Reissue proceedings and public use protests
• Domestic and international patent prosecution
• Strategic counseling on protecting, enforcing and defending novel online technologies and business practices

Online Speech & Conduct

• Communications Decency Act safe harbors (47 U.S.C. § 230)
• Anti-SLAPP (Strategic Lawsuit Against Public Participation) statutes
• Defamation and First Amendment issues
• Identification and pursuit of anonymous posters
• Response to criminal and civil subpoenas
• Pop-up advertising and related issues

Privacy

• Adoption and content of privacy policies
• FTC enforcement
• Health Insurance Portability and Accountability Act (HIPAA) compliance
• European Community Data Protection Act
• Providing counseling and advice on Gramm-Leach-Bliley Act (GLBA) privacy and security requirements

Consumer Rights

• False and misleading advertising claims
• State unfair competition claims (e.g., Cal. Business & Professions Code § 17200)
• Federal CAN-SPAM Act and California anti-spam statute, addressing unsolicited commercial email
• Class actions
• Spyware legislation

Information Security

• Network security and responding to security breaches
• Cybercrime
• Computer Fraud & Abuse Act (CFAA) & other computer security statutes (including anti-hacking and state disclosure notification laws)
• Scraping and trespass by bots and agents
• Public Key Infrastructure (PKI)
• Counseling on all legal aspects of information security and related liabilities

Online Contracting

• End-user license agreements
• Digital signatures
• Forum selection clauses
• Limitations of liability