Advertising & E-Commerce
The Internet has radically transformed our economy, the way consumers buy and shop, and the way retailers capture their attention. Our Advertising and E-Commerce Group understands the unique business, legal, and regulatory issues that face e-commerce retailers, other online advertisers, and their service providers. The path from start-up to brand empire can be disrupted by many forces, including the Federal Trade Commission (FTC), state attorneys general, consumer class action counsel, online marketplaces, social media platforms, news media, traffic providers, payment processors, competitors, and counterfeiters. We proactively advise our clients on best practices to avoid these disruptions, and we effectively protect and defend our clients should these disruptions arise. We take pride in guiding our clients towards smart and sustainable growth.
The Advertising and E-Commerce Group focuses on providing legal services in the following areas:
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Outside general counsel on advertising, regulatory compliance, intellectual property, contract, corporate, tax, employment, and other legal areas;
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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;
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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;
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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;
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Our Advertising and E-Commerce Group works closely with the Firm’s Privacy, Data & Cybersecurity practice group to address compliance, management, and incident response with the EU General Data Protection Regulation (GDPR), California Consumer Privacy Act (CCPA, and other consumer data privacy laws, as well as compliance with email, SMS, and telemarketing laws;
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Avoiding and defending against 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;
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Negotiating and litigating business disputes, including between e-commerce retailers, lead generators, traffic providers, payment processors, and other service providers; and
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Strategic advice and counsel to improve customer experience, increase customer lifetime value, and strengthen business reputation and goodwill.
Because advertising and e-commerce law is evolving in real time, like the Internet itself, effective legal representation requires substantial experience as well as a commitment to continue learning. We surf social media and content marketing websites to study the latest online advertising techniques. We examine the latest FTC complaints to identify new liability theories, enforcement priorities, and how they may expand in the future. Perhaps most important, we listen to our clients about what is important to them so we can share our knowledge, overcome challenges, and help them succeed.
An e-commerce retailer who focuses only on aggressive advertising and short-term customer acquisition will not succeed. Nor will an e-commerce retailer who follows overly cautious and restrictive legal advice to avoid the slightest risk of potential liability. With that in mind, we understand how to balance a client’s passion for creative and evocative advertising with a client’s desire for legal and regulatory compliance. The goals are not mutually exclusive and instead can coincide. Whether marketing health and beauty products, electronics, home furnishings, informational products, clothing, or coaching, our clients are driven, dynamic, and entrepreneurial. These qualities are maximized with effective counsel who knows the client’s business issues, anticipates and protects them from legal and regulatory challenges, and cares about their success. This is what we do.