Mark W. Ishman

Of Counsel

  • Office Contact Info
  • Biography

    Mark Ishman is of counsel with the firm’s Raleigh, North Carolina office.  He is a member of the Privacy, Data & Cybersecurity, Advertising & E-Commerce, Intellectual Property, Professional Liability and Business Transactions practice groups.  Mr. Ishman has a master’s degree in law (LL.M.) in Information Technology & Privacy Law and has substantial experience in dealing with Internet-related transactions and litigation matters.

    Mr. Ishman’s practice focuses on protecting his clients’ assets, whether they are tangible or intangible items, located on the Internet or elsewhere, or consist of valuable items collectively apart of their financial net worth.  Mr. Ishman routinely handles matters in the areas of data security breaches, Computer Fraud and Abuse Act (CFAA), Stored Communications Act (SCA), privacy, Federal Trade Commission (FTC) enforcement actions, online defamation, Section 230 of the Communications Decency Act, Fake Reviews, Search Engine Manipulation, Domain Name Transactions and Disputes, World Intellectual Property Organization (WIPO) complaints and answers, copyright and trademark infringement, Digital Millennium Copyright Act (DMCA), unfair and deceptive competition, misappropriation of trade secrets, statutory governance, compliance and violation, software and intellectual property licensing, affiliate marketing agreements, Social Media and Internet transactions.

    In addition to being published in a number of legal journals and periodicals, Mr. Ishman is a frequent speaker on cutting edge Internet and Data Security issues, and has served as in-house counsel for a domain name registrar and hosting company.

    Admissions

    North Carolina
    U.S. District Court, Eastern District of North Carolina
    U.S. District Court, Middle District of North Carolina
    U.S. District Court, Western District of North Carolina

    Memberships

    Information Systems Security Association (ISSA)
    InfraGard
    International Association of Privacy Professionals (IAPP)
    Internet Law Leadership Summit
    North Carolina Bar Association
    Wake County Bar Association

    Community Involvement

    Mr. Ishman is active in his community in educating teenagers of the legal dangers that exist when using the Internet, as well as sponsoring football tournaments at a local orphanage.

     

  • Practice Areas
  • Representative Experience

    Privacy, Data & Cybersecurity

    • Advise small and medium size companies with urgent data breach incident responses and forensic cybersecurity analysis
    • 24/7 data breach incident response counsel and advice 
    • Data privacy assessments (legal and technology)
    • Computer breach litigation as counsel for Plaintiff and Defense 
    • GDPR assessment and compliance
    • Federal and state law data breach assessment and compliance
    • Data retention, security and destruction policies 
    • Data breach response policies

    Advertising and E-Commerce

    • Outside general counsel on advertising, regulatory compliance, intellectual property, contract, corporate, employment, and other legal areas
    • Website funnel and advertising claims review for compliance with federal and state consumer protection laws, including the Restore Online Shoppers’ Confidence Act (ROSCA), Section 5 of the FTC Act, the FTC’s Endorsement and Testimonial Guides, the FTC’s Business Opportunity Rule, and Cal. Bus. & Prof. Code §§ 17200 and 17500
    • Preparing website terms of sale, website privacy policies, intellectual property license agreements, and service provider agreements, including advertiser, affiliate network, fulfillment services, and social influencer agreements;
    • Brand protection, including prosecution and defense in trademark infringement, UDRP domain transfer actions, copyright infringement, DMCA takedown notices, Lanham Act false advertising, product disparagement, and trade secret misappropriation litigation;
    • Advising on email, SMS, and telemarketing laws, as well as compliance with the EU General Data Protection Regulation (GDPR) and California Consumer Privacy Act (CCPA) consumer data privacy laws;
    • Avoiding consumer class actions, FTC and state attorney general civil investigative demands and enforcement actions, consumer complaints, right of publicity claims, and unfavorable news media coverage;
    • Negotiating and litigating business disputes, including between e-commerce retailers, lead generators, traffic providers, payment processors, and other service providers; and
    • Strategic advice and counsel to improve customer experience, increase customer lifetime value, and strengthen business reputation and goodwill.

    Intellectual Property

    • Copyright infringement litigation, including statutory damages, Digital Millennium Copyright Act (DMCA) and Copyright Management Information (CMI), 
    • Trademark infringement including unfair practices and counterfeits
    • Domain name litigation including WIPO and federal litigation
    • Regularly provide advice and counsel regarding online defamation, removal of fake content from websites and blogs, responding to subpoenas, and state and federal agencies inquiries.

    Commercial Litigation

    • Extensive litigation experience in both federal and state courts 
    • Substantial experience in unfair and deceptive business practices and commercial litigation
    • Well-versed in litigated matters involving computer and data breach, copyright infringement, and trademark infringement.

    Business Transaction Practice & Outside General Counsel

    • Regularly advises privately held businesses, in corporate matters, including strategic business planning, corporate structuring, formation of business entities, corporate governance, service agreements, contractor agreements, and assisting companies in raising capital.
    • Assist clients in merger and acquisition transactions in a variety of industries, including health care, medical/chiropractic, and dental, Internet, advertising, publishing, industrial and retail.
    • Extensive technology experience, representing cloud computing, website developers, software developers, publishers in project development transactions, and various types of related strategic agreements and dispute resolution.
    • Serves as an effective and efficient outside general counsel for a number of clients, including advising on dispute resolution, operational issues, stock and membership issues, and general corporate law.

    ​Professional Liability

    • Represents professionals (lawyers and accountants) in malpractice litigation, business disputes, and in front of their respective state boards.
  • Education

    LL.M. in Information Technology and Privacy Law, John Marshall Law School, 2001

    J.D., John Marshall Law School, 2001

    B.A., Northern Illinois University, 1992