Transactions

  • Outsourcing agreements
  • Cloud computing, Saas, IaaS
  • Information technology services agreements
  • Data security and incident response agreements
  • Intellectual property licensing and royalties (e.g. copyright, trademark, patent, royalty agreements and IP contribution agreements to trade associations, etc.)
  • Electronic signatures
  • Software development and implementation
  • Marketing and data sharing agreements
  • Managed security services agreements
  • Payment card processing agreements (e.g. merchant agreements, payment processor agreements, payment gateway agreements, service provide agreements)
  • New media licensing
  • Data disposition agreements
  • End-user license agreements – EULAs (e.g. “shrink wrap” licenses, “browser wrap” or “click-through” licenses)
  • Website terms and conditions
  • Linking agreements
  • Non-disclosure agreements
  • Application Service Provider (ASP) and web service agreements
  • Data center and hosting agreements
  • Call-center and customer service agreements
  • Outsourced recruiting and human resources agreements
  • Cyber insurance policies
  • E-government services agreements

E-commerce and online content

  • Compliance with U.S. and foreign laws regulating online business activities and publication of content
  • Electronic signature legal requirements (e.g. E-SIGN, UETA, and similar laws)
  • CDA (Communications Decency Act)
  • Digital Millennium Copyright Act — DMCA (and similar legislation in other countries)
  • Web 2.0 and new media (e.g. social networking, blogging, message boards, instant messaging, websites, etc.)
  • Uniform Computer Information Transactions Act — UCITA(state laws based on UCITA)
  • Marketing activities laws (e.g. CAN-SPAM, TCPA, JFPA, etc.)
  • Behavioral marketing principals
  • Spyware and online advertising
  • Anti-Cybersquatting Consumer Protection Act (ACCPA)
  • Export laws (e.g. OFAC requirements, regulations on the export/import, or use of strong encryption, etc.)
  • Consumer protection laws (e.g. required notices and disclosures, opportunity to rescind, records and statements, jurisdiction and forum, unfair and unconscionable terms)
  • Advice on jurisdictional and tax issues relating to online transactions
  • Records retention/records management
  • Conformance with relevant industry standards

Other transaction-related activity

  • Requests for Proposals—RFPs (e.g government and corporate procurement of IT or IT security products and services)
  • Due diligence services for intellectual property rights, and information privacy and security risks (e.g. mergers and acquisitions, divestitures, technology transfer, product development, expansion into new jurisdictions and globalization of business processes)
  • Intellectual property portfolio review, valuation, and disposition
  • Investment documents (e.g. private placement memoranda (PPMs), prospectuses, and investment memoranda concerning IT and media investments)
  • Research and development grant applications (e.g. for grants relating to information privacy, security or technology)