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What You Need

Our attorneys have experience that dates back to the earliest days of the commercial use of the Internet and the inception of eCommerce. We have advised hundreds of clients regarding eCommerce and web-based business platforms, both on behalf of the technology providers and their retailers. Our depth of knowledge in this space is unparalleled and covers the technology spectrum, including negotiating complex technology license agreements (SaaS and hosted solutions), service-level agreements (uptime, user support, technology issue resolution), source code escrow agreements, and operational agreements (training, software development, maintenance) on a daily basis. We combine technical expertise with a firm command of governing legal principles.

How We Deliver

We take an outcome-centric approach to our eCommerce work, beginning by reaching a clear understanding of our clients’ businesses and technical objectives. We provide detailed feedback and direction to technical issues in addition to legal and business concerns, and we work closely in collaboration with our clients’ technology teams to minimize their risk profiles. Our team provides a holistic suite of services intended to review every aspect of our clients’ eCommerce operations.

Representative Services

  • Website terms and conditions; privacy policies
  • FTC-compliant terms of purchase policies
  • Hosting services agreements and associated requirements (service-level, customer-service, and maintenance and support agreements)
  • eCommerce and fulfillment platform licensing on behalf of platform deployment, re-platforming, and related agreements (statement of work development and negotiation; service-level agreements; disaster recovery; PCI DSS Compliance; hosting, support, and maintenance agreements)
  • Legal, business, and technical compliance for first- and third-party marketing and data use
  • Specialized marketing agreements, including data mining, behavioral analytics, and co-marketing
  • Domain name acquisition and protection
  • eCommerce dispute resolution (cybersquatting and adherence to the Uniform Domain-Name Dispute Resolution Policy)
  • Content licensing
  • Prosecution of online infringement of copyrights and trademarks
  • Non-compete agreements and enforcement
  • Click-through purchase agreements and licenses for downloadable software
  • Click-through subscription agreements and licenses for SaaS