Attorneys practicing technology, digital media and privacy law require diverse technology experiences and proactive approaches to new and unique client issues. Our attorneys have developed specific experience in these areas 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 special understanding of the 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.
When it comes to assessing and resolving new issues, our digital media and technology experts 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 new media and technology.
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.
DIGITAL MEDIA
Davis & Gilbert’s leading practice in marketing communications and advertising law has afforded our Digital Media attorneys special experience that few firms can match. Davis & Gilbert attorneys have been involved since the inception of these technologies 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 also bring the firm’s expertise in intellectual property, contractual, regulatory and privacy matters.
Our attorneys advise clients in connection with numerous digital media issues, including interactive advertising, search engine marketing, behavioral and contextual advertising, e-commerce, m-commerce, gaming, digital downloads, entertainment, user-generated content, social networking, viral marketing and content creation, and distribution through various mediums, including wireless carrier networks and satellite radio.
PRIVACY
All of Davis & Gilbert’s work in technology and digital media involves close attention to privacy and data security issues. Privacy and data security issues are no longer unique to companies that engage in business solely online. These issues are key for any organization that collects, processes, stores or discloses consumer information. The collection and use of consumer information online is now one of the most common ways that businesses interact with their customers. It is therefore critical that proper data collection and use practices are observed, because a failure to do so can leave an organization holding valuable data which it is unable to use. Tainted data can quickly thwart potentially profitable business plans. In addition, consumers are ever more cognizant of privacy issues, and therefore, sound and consumer-friendly practices can become a competitive advantage.
We advise clients on laws and issues that include COPPA, GLB, HIPAA, ECPA, security breach notification laws, transborder data transfers, internal security practices and any other risks or threats that involve security concerns. Our proactive approach enables clients to avoid pitfalls or unwanted attention and helps to save their time and money. We help clients establish policies and procedures that address both internal and external privacy and security concerns in areas from marketing to human resources to information technology. For example, we are frequently called upon to advise with respect to the complex relationships between a company and its vendors, which often necessitates vendor access to a company’s proprietary technology and/or data.
Our diverse work keeps us at the forefront of new developments in these areas. Our group includes attorneys who are Certified Information Privacy Professionals (CIPP) and on the Board of Editors of a leading privacy and data security law journal. They also attend and speak at relevant conferences and events, including those sponsored by the International Association of Privacy Professionals (IAPP) and TRUSTe.
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.
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 PC games.
Davis & Gilbert’s attorneys also have substantial experience in the complex issues surrounding massively multiplayer online games. Our experience includes the treatment of virtual and intellectual property in online worlds, and extends the increasingly complex agreements required by massively multiplayer online games.
REPRESENTATIVE ISSUES ADDRESSED ON BEHALF OF CLIENTS INCLUDE:
Web Advertising- Insertion Orders
- Co-branded campaigns
- Sponsorship agreements
- User-generated content and social networking campaigns
- CPA, CPC, CPM and customized advertising campaigns
- Data collection/ usage issues and web analytics
- Innovative marketing deals and cross-promotional arrangements
- Third-party ad serving
- Search engine marketing and related agreements
- Affiliate Marketing
- Email Marketing
- Lead Generation
- Behavioral and Contextual Advertising.
- Software licenses and agreements
- Software and system development agreements
- Outsourcing agreements
- Hosting / Co-location agreements
- 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
- Proper privacy practices relative to applicable laws, regulations and rules, including the Federal Trade Commission Act, the Gramm-Leach-Bliley Act (GLB), the Health Insurance Portability and Accountability Act (HIPAA), the Children's Online Privacy Protection Act (COPPA), various state laws as well as self-regulatory organizations and standard industry practices
- Privacy policies
- Security breach notification laws
- Effects of new and proposed laws and regulations
- Internal security practices
- Security audits
- EU Safe Harbor and transborder data issues
- E-commerce business revenue models
- Contract and commerce issues
- "Clear and conspicuous" advertising disclosures
- Electronic contracting
- Warranties and guarantees
- Compliance with state-regulated billing and payment collection issues
- Compliance with ever-changing state, federal and local regulations
- Counseling with respect to the development proposed e-commerce legislation
- Agreements to design and/or build websites
- Agreements for content acquisition and related rights
- Hosting, maintenance, support and services agreements
- Use and integration of unique technologies into a website
- Risk management and insurance coverage
- Membership agreements
- Terms and Conditions and Privacy Policies
- Acceptable Use Policies, including to limit liability for user-supplied content
- Assessment of website liability
- Security and payment systems
- Digital rights to content including photos, music, video and text
- Registration and protection of domain names, trademarks, servicemarks and copyrights
- Licensing content for digital distribution including via the Internet and wireless networks
- Registrations under the Digital Millennium Copyright Act
- Licensing for web casting
- Federal, state and local regulatory compliance matters including advertising, promotions, contests and consumer privacy
- Communications Decency Act, Digital Millennium Copyright Act, Children's Online Privacy Protection Act (COPPA) and Anticybersquatting Consumer Protection Act
- Gramm-Leach-Bliley Act of 1999 (GLB) and protection of the privacy, collection, use and disclosure of personally identifiable information
- Licensing
- Development Agreements
- Advertising in Games
- Virtual Property
- Character Licensing
- End User Agreements, Privacy Policies, and Terms Of Service
- Copyright and Trademark Registration
- Right of Publicity
For additional information on Davis & Gilbert’s Technology, Digital Media & Privacy Practice, please contact:
Ronald R. Urbach
212.468.4824
rurbach@dglaw.com
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.
DIGITAL MEDIA
Davis & Gilbert’s leading practice in marketing communications and advertising law has afforded our Digital Media attorneys special experience that few firms can match. Davis & Gilbert attorneys have been involved since the inception of these technologies 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 also bring the firm’s expertise in intellectual property, contractual, regulatory and privacy matters.
Our attorneys advise clients in connection with numerous digital media issues, including interactive advertising, search engine marketing, behavioral and contextual advertising, e-commerce, m-commerce, gaming, digital downloads, entertainment, user-generated content, social networking, viral marketing and content creation, and distribution through various mediums, including wireless carrier networks and satellite radio.
PRIVACY
All of Davis & Gilbert’s work in technology and digital media involves close attention to privacy and data security issues. Privacy and data security issues are no longer unique to companies that engage in business solely online. These issues are key for any organization that collects, processes, stores or discloses consumer information. The collection and use of consumer information online is now one of the most common ways that businesses interact with their customers. It is therefore critical that proper data collection and use practices are observed, because a failure to do so can leave an organization holding valuable data which it is unable to use. Tainted data can quickly thwart potentially profitable business plans. In addition, consumers are ever more cognizant of privacy issues, and therefore, sound and consumer-friendly practices can become a competitive advantage.
We advise clients on laws and issues that include COPPA, GLB, HIPAA, ECPA, security breach notification laws, transborder data transfers, internal security practices and any other risks or threats that involve security concerns. Our proactive approach enables clients to avoid pitfalls or unwanted attention and helps to save their time and money. We help clients establish policies and procedures that address both internal and external privacy and security concerns in areas from marketing to human resources to information technology. For example, we are frequently called upon to advise with respect to the complex relationships between a company and its vendors, which often necessitates vendor access to a company’s proprietary technology and/or data.
Our diverse work keeps us at the forefront of new developments in these areas. Our group includes attorneys who are Certified Information Privacy Professionals (CIPP) and on the Board of Editors of a leading privacy and data security law journal. They also attend and speak at relevant conferences and events, including those sponsored by the International Association of Privacy Professionals (IAPP) and TRUSTe.
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.
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 PC games.
Davis & Gilbert’s attorneys also have substantial experience in the complex issues surrounding massively multiplayer online games. Our experience includes the treatment of virtual and intellectual property in online worlds, and extends the increasingly complex agreements required by massively multiplayer online games.
REPRESENTATIVE ISSUES ADDRESSED ON BEHALF OF CLIENTS INCLUDE:
Web Advertising
- Insertion Orders
- Co-branded campaigns
- Sponsorship agreements
- User-generated content and social networking campaigns
- CPA, CPC, CPM and customized advertising campaigns
- Data collection/ usage issues and web analytics
- Innovative marketing deals and cross-promotional arrangements
- Third-party ad serving
- Search engine marketing and related agreements
- Affiliate Marketing
- Email Marketing
- Lead Generation
- Behavioral and Contextual Advertising.
- Software licenses and agreements
- Software and system development agreements
- Outsourcing agreements
- Hosting / Co-location agreements
- 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
- Proper privacy practices relative to applicable laws, regulations and rules, including the Federal Trade Commission Act, the Gramm-Leach-Bliley Act (GLB), the Health Insurance Portability and Accountability Act (HIPAA), the Children's Online Privacy Protection Act (COPPA), various state laws as well as self-regulatory organizations and standard industry practices
- Privacy policies
- Security breach notification laws
- Effects of new and proposed laws and regulations
- Internal security practices
- Security audits
- EU Safe Harbor and transborder data issues
- E-commerce business revenue models
- Contract and commerce issues
- "Clear and conspicuous" advertising disclosures
- Electronic contracting
- Warranties and guarantees
- Compliance with state-regulated billing and payment collection issues
- Compliance with ever-changing state, federal and local regulations
- Counseling with respect to the development proposed e-commerce legislation
- Agreements to design and/or build websites
- Agreements for content acquisition and related rights
- Hosting, maintenance, support and services agreements
- Use and integration of unique technologies into a website
- Risk management and insurance coverage
- Membership agreements
- Terms and Conditions and Privacy Policies
- Acceptable Use Policies, including to limit liability for user-supplied content
- Assessment of website liability
- Security and payment systems
- Digital rights to content including photos, music, video and text
- Registration and protection of domain names, trademarks, servicemarks and copyrights
- Licensing content for digital distribution including via the Internet and wireless networks
- Registrations under the Digital Millennium Copyright Act
- Licensing for web casting
- Federal, state and local regulatory compliance matters including advertising, promotions, contests and consumer privacy
- Communications Decency Act, Digital Millennium Copyright Act, Children's Online Privacy Protection Act (COPPA) and Anticybersquatting Consumer Protection Act
- Gramm-Leach-Bliley Act of 1999 (GLB) and protection of the privacy, collection, use and disclosure of personally identifiable information
- Licensing
- Development Agreements
- Advertising in Games
- Virtual Property
- Character Licensing
- End User Agreements, Privacy Policies, and Terms Of Service
- Copyright and Trademark Registration
- Right of Publicity
For additional information on Davis & Gilbert’s Technology, Digital Media & Privacy Practice, please contact:
Ronald R. Urbach
212.468.4824
rurbach@dglaw.com
