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Attorneys practicing digital media, technology and privacy law require diverse backgrounds and proactive approaches to new and unique client issues. Because technology, privacy and data security issues permeate all aspects of businesses – both online and offline. As the means to create, deliver, purchase and use digital media and technology continue to evolve, the one constant is the ability of Davis & Gilbert attorneys to keep pace with these ever-changing developments. Even where no legal precedent exists, our understanding of these issues enables us to guide clients so that they may achieve their objectives.

THE DAVIS & GILBERT ADVANTAGE
Our attorneys are at the forefront of technological developments. We represent both traditional businesses extending into areas that involve digital media and technology concerns and companies with a primary business focus that generates these issues on a daily basis.

In assessing and resolving new issues, our digital media and technology attorneys use creative insight in drawing upon their vast and varied experience. We help clients achieve their goals because our attorneys understand technology and its relation to everything our clients seek to accomplish. We also are proud to drive innovation by advising clients in connection with all phases of the creation, protection, distribution and use of digital media and technology.

DIGITAL MEDIA
Davis & Gilbert’s leading practice in marketing communications and advertising law has afforded our digital media attorneys experience that few firms can match. Davis & Gilbert attorneys have been involved since the inception of these technologies and business models and continue to be involved as developments evolve and their applications expand. Our experience grows daily and our knowledge expands as new applications and platforms inevitably arise. To all these areas, we bring the firm’s experience in intellectual property, contractual, regulatory and privacy matters.

Our attorneys advise clients in connection with numerous digital media issues, including interactive advertising, behavioral and contextual advertising, programmatic media buying, mobile marketing, social media, search engine marketing, data collection and analytics, gaming, digital downloads, entertainment, user-generated content, native advertising, viral marketing and content creation, and distribution on or through various mediums, including mobile, social, desktop and other platforms. From display, to ad networks and exchanges, to DSPs, to real-time bidding, our attorneys represent the buyers, sellers and operators of such services.

TECHNOLOGY
Technology impacts virtually every company in every industry. Davis & Gilbert represents both companies that create, distribute and market technology products and services and the companies that purchase these goods and services. Consequently, we have a unique understanding of the issues concerning parties on both sides of these transactions. Whether the matter involves a large-scale, enterprise-wide implementation or development project, or a single software license or hosting agreement, Davis & Gilbert attorneys devote the necessary attention to ensure that our client’s interests are protected.

PRIVACY & DATA SECURITY
Privacy and data security issues are no longer unique to companies that engage in business solely online; they are important for any organization that collects, processes, stores or discloses personally identifiable information and other forms of data. It is therefore critical that every organization observe proper data collection and use practices and maintain comprehensive data security procedures in light of new technologies, the evolving legal and regulatory landscape and the expectations of consumers and business partners. A failure to do so can expose an organization to liability to many different parties, or leave an organization holding valuable data which it is unable to use.

Davis & Gilbert has a vibrant and highly experienced privacy and data security practice that helps clients in an array of fields shape their data and security practices to both accomplish their business goals and comply with the myriad laws, regulations and guidelines relating to privacy and data protection. Our experience in this area has earned Davis & Gilbert a ranking in The Legal 500 United States for the “Technology: Data Protection and Privacy” category for five consecutive years (2012-2016). Our proactive approach helps clients avoid pitfalls or unwanted attention, and ultimately save time and money on costly investigations and disputes. We regularly assist in the establishment of policies and procedures that address internal and external privacy and security concerns, in areas from marketing to human resources to regulated industries to information technology. However, when security incidents do arise or when data practices are challenged, we are well-equipped to assist clients, regardless of whether that entails an analysis of challenged practices, responding to security breaches or regulatory inquiries, crisis management, or acting as litigation counsel in privacy-related disputes.

INTERACTIVE ENTERTAINMENT
Interactive entertainment, with its blend of technology, entertainment, vibrant story-telling, music, and striking visual art, is unique because these businesses require an equal appreciation and protection of both technical and artistic creativity. The interactive entertainment industry needs to be represented by counsel who possess a great depth of experience and who also have diverse backgrounds to fully understand the industry and what drives its success. Our clients include video game industry leaders and the creators and platforms for digital and social content attracting millions of views each day.

At Davis & Gilbert, our attorneys have both the legal, business, and technical qualifications necessary to understand interactive entertainment’s rapid growth in complexity, revenue, and participants. We understand the role that the industry plays in the future of entertainment. Our firm represents some of the most prominent publishers, console manufacturers, middleware companies, and game developers

in the world. Our practice includes counseling, corporate law, licensing, litigation, intellectual property, and employment law. We work across a variety of game platform technologies including consoles, handheld, mobile, and desktop games.

REPRESENTATIVE ISSUES ADDRESSED ON BEHALF OF CLIENTS INCLUDE:

Interactive Advertising
  • Interactive inventory, including display, mobile, guaranteed, non-guaranteed, premium and remnant
  • User-generated content and social media campaigns
  • Mobile apps
  • CPA, CPC, CPM and customized advertising campaigns
  • Programmatic media buying
  • Ad networks and exchanges, DSPs, SSPs, RTB
  • Native advertising
  • Industry standards, including DAA, NAI and IAB
  • Data collection / usage issues and web analytics
  • Innovative marketing deals and cross-promotional arrangements
  • Data matching, cookie matching, segmenting and profiling
  • Third-party ad serving
  • Search engine marketing and related agreements
  • Affiliate marketing
  • Email marketing
  • Lead generation
  • Behavioral and contextual advertising
  • Co-branded campaigns
  • Sponsorship agreements
Software & Technology
  • Software licenses and agreements
  • Software and system development agreements
  • Outsourcing agreements
  • Hosting / Co-location agreements
  • Data center management services
  • Internet of Things devices and services
  • Proprietary technology developments
  • Proprietary content and delivery systems (e.g., multimedia digital programming, and digital music distribution platforms)
  • Telecommunications (land line, wireless, internet access, bandwidth) agreements
E-Commerce
  • E-commerce business revenue models
  • Contract and commerce issues
  • "Clear and conspicuous" advertising disclosures
  • Electronic contracting
  • Registration processes
  • Compliance with state-regulated billing and payment collection issues
  • Compliance with ever-changing state, federal and local regulations
Interactive Development & Operations
  • Agreements to design and/or build online properties
  • Agreements for content acquisition and related rights
  • Hosting, maintenance, support and services agreements
  • Risk management and insurance coverage
  • Membership agreements
  • Terms and conditions, privacy policies and cookie policies
  • Acceptable use policies, including to limit liability for user-generated content
  • Assessment of website liability
  • Security and payment systems
Intellectual Property
  • Digital rights to content including photos, music, video and text
  • Registration and protection of domain names, trademarks, service marks and copyrights
  • Licensing content for digital distribution including via the Internet and wireless networks
  • Registrations under the Digital Millennium Copyright Act
  • Patent licensing and infringement claims
Interactive Entertainment
  • Branded entertainment
  • Licensing
  • Development agreements
  • Advergaming
  • Virtual property
  • Character licensing
  • End user agreements, privacy policies, and terms of service
  • Copyright and trademark registration
  • Right of publicity
CONTACT US

For additional information on Davis & Gilbert’s Digital Media, Technology & Privacy Practice, please contact:

Ronald R. Urbach
212.468.4824
rurbach@dglaw.com

 


DIGITAL MEDIA
Davis & Gilbert’s leading practice in marketing communications and advertising law has afforded our digital media attorneys experience that few firms can match. Davis & Gilbert attorneys have been involved since the inception of these technologies and business models and continue to be involved as developments evolve and their applications expand. Our experience grows daily and our knowledge expands as new applications and platforms inevitably arise. To all these areas, we bring the firm’s experience in intellectual property, contractual, regulatory and privacy matters.

Our attorneys advise clients in connection with numerous digital media issues, including interactive advertising, behavioral and contextual advertising, programmatic media buying, mobile marketing, social media, search engine marketing, data collection and analytics, gaming, digital downloads, entertainment, user-generated content, native advertising, viral marketing and content creation, and distribution on or through various mediums, including mobile, social, desktop and other platforms. From display, to ad networks and exchanges, to DSPs, to real-time bidding, our attorneys represent the buyers, sellers and operators of such services.

TECHNOLOGY
Technology impacts virtually every company in every industry. Davis & Gilbert represents both companies that create, distribute and market technology products and services and the companies that purchase these goods and services. Consequently, we have a unique understanding of the issues concerning parties on both sides of these transactions. Whether the matter involves a large-scale, enterprise-wide implementation or development project, or a single software license or hosting agreement, Davis & Gilbert attorneys devote the necessary attention to ensure that our client’s interests are protected.

PRIVACY & DATA SECURITY
Privacy and data security issues are no longer unique to companies that engage in business solely online; they are important for any organization that collects, processes, stores or discloses personally identifiable information and other forms of data. It is therefore critical that every organization observe proper data collection and use practices and maintain comprehensive data security procedures in light of new technologies, the evolving legal and regulatory landscape and the expectations of consumers and business partners. A failure to do so can expose an organization to liability to many different parties, or leave an organization holding valuable data which it is unable to use.

Davis & Gilbert has a vibrant and highly experienced privacy and data security practice that helps clients in an array of fields shape their data and security practices to both accomplish their business goals and comply with the myriad laws, regulations and guidelines relating to privacy and data protection. Our experience in this area has earned Davis & Gilbert a ranking in The Legal 500 United States for the “Technology: Data Protection and Privacy” category for five consecutive years (2012-2016). Our proactive approach helps clients avoid pitfalls or unwanted attention, and ultimately save time and money on costly investigations and disputes. We regularly assist in the establishment of policies and procedures that address internal and external privacy and security concerns, in areas from marketing to human resources to regulated industries to information technology. However, when security incidents do arise or when data practices are challenged, we are well-equipped to assist clients, regardless of whether that entails an analysis of challenged practices, responding to security breaches or regulatory inquiries, crisis management, or acting as litigation counsel in privacy-related disputes.

INTERACTIVE ENTERTAINMENT
Interactive entertainment, with its blend of technology, entertainment, vibrant story-telling, music, and striking visual art, is unique because these businesses require an equal appreciation and protection of both technical and artistic creativity. The interactive entertainment industry needs to be represented by counsel who possess a great depth of experience and who also have diverse backgrounds to fully understand the industry and what drives its success. Our clients include video game industry leaders and the creators and platforms for digital and social content attracting millions of views each day.

At Davis & Gilbert, our attorneys have both the legal, business, and technical qualifications necessary to understand interactive entertainment’s rapid growth in complexity, revenue, and participants. We understand the role that the industry plays in the future of entertainment. Our firm represents some of the most prominent publishers, console manufacturers, middleware companies, and game developers

in the world. Our practice includes counseling, corporate law, licensing, litigation, intellectual property, and employment law. We work across a variety of game platform technologies including consoles, handheld, mobile, and desktop games.

REPRESENTATIVE ISSUES ADDRESSED ON BEHALF OF CLIENTS INCLUDE:



Interactive Advertising
  • Interactive inventory, including display, mobile, guaranteed, non-guaranteed, premium and remnant
  • User-generated content and social media campaigns
  • Mobile apps
  • CPA, CPC, CPM and customized advertising campaigns
  • Programmatic media buying
  • Ad networks and exchanges, DSPs, SSPs, RTB
  • Native advertising
  • Industry standards, including DAA, NAI and IAB
  • Data collection / usage issues and web analytics
  • Innovative marketing deals and cross-promotional arrangements
  • Data matching, cookie matching, segmenting and profiling
  • Third-party ad serving
  • Search engine marketing and related agreements
  • Affiliate marketing
  • Email marketing
  • Lead generation
  • Behavioral and contextual advertising
  • Co-branded campaigns
  • Sponsorship agreements
Software & Technology
  • Software licenses and agreements
  • Software and system development agreements
  • Outsourcing agreements
  • Hosting / Co-location agreements
  • Data center management services
  • Internet of Things devices and services
  • Proprietary technology developments
  • Proprietary content and delivery systems (e.g., multimedia digital programming, and digital music distribution platforms)
  • Telecommunications (land line, wireless, internet access, bandwidth) agreements
E-Commerce
  • E-commerce business revenue models
  • Contract and commerce issues
  • "Clear and conspicuous" advertising disclosures
  • Electronic contracting
  • Registration processes
  • Compliance with state-regulated billing and payment collection issues
  • Compliance with ever-changing state, federal and local regulations
Interactive Development & Operations
  • Agreements to design and/or build online properties
  • Agreements for content acquisition and related rights
  • Hosting, maintenance, support and services agreements
  • Risk management and insurance coverage
  • Membership agreements
  • Terms and conditions, privacy policies and cookie policies
  • Acceptable use policies, including to limit liability for user-generated content
  • Assessment of website liability
  • Security and payment systems
Intellectual Property
  • Digital rights to content including photos, music, video and text
  • Registration and protection of domain names, trademarks, service marks and copyrights
  • Licensing content for digital distribution including via the Internet and wireless networks
  • Registrations under the Digital Millennium Copyright Act
  • Patent licensing and infringement claims
Interactive Entertainment
  • Branded entertainment
  • Licensing
  • Development agreements
  • Advergaming
  • Virtual property
  • Character licensing
  • End user agreements, privacy policies, and terms of service
  • Copyright and trademark registration
  • Right of publicity
CONTACT US

For additional information on Davis & Gilbert’s Digital Media, Technology & Privacy Practice, please contact:

Ronald R. Urbach
212.468.4824
rurbach@dglaw.com