E-Commerce

E-commerce presents extraordinary opportunities for doing businesses and reaching global markets. However, the exponential growth of the Internet and online activities raise numerous regulatory and legal concerns related to intellectual property protection, contractual rights and obligations, privacy, data security breaches, jurisdictional issues and competition. The e-commerce attorneys at Holland & Knight understand the technical, contractual, intellectual property and regulatory issues impacting companies engaged in e-commerce transactions and the increasing importance of protecting business interests in the global economy.

With a breadth and depth of technical knowledge and legal experience, our industry savvy attorneys address the unique challenges that arise when your business involves e-commerce, including compliance with applicable Internet law and technology law requirements.

We provide all levels of regulatory and business representation to Internet-service providers, Intranet-service firms, computer and telecommunications equipment manufacturers, prototype manufacturers, telecommunications providers, technology and communications companies, software developers and end-user corporations. Our clients are engaged in a variety of businesses, including online product sales, medical practices, retail hardware sales, records storage and many other lines of business.

Geographic and Transactional Reach

When you come to us with your e-commerce matter, we can readily draw on the resources you need from Holland & Knight's offices around the country, as well as from our Technology Team and related practice groups. Particularly strong e-commerce teams in Boston, Chicago and New York call on dedicated IP attorneys with experience critical to many e-commerce law transactions, as well as corporate and securities counsel with experience in the private and public arenas. Our attorneys have actively represented clients on virtually every aspect of operational and legal issues involved with technology and e-commerce-related transactions.

Protecting Your Interests

Whether structuring or negotiating web agreements, managing licensing issues, advising on Internet privacy law matters and the implication of data security breaches, protecting intellectual property rights or navigating the regulatory environment, our lawyers are poised to protect your interests. Our E-Commerce Team possesses experience regarding computer software issues such as development agreements, licensing and use, intellectual property - including copyright and trademark protection - and related litigation.

Holland & Knight attorneys regularly handle a wide range of Internet-related and e-commerce matters, including:

• e-commerce transactions agreements, such as software development, outsourcing, hosting, e-commerce websites development, marketing and alliance agreements
• electronic transactions
• privacy and data security concerns
• e-commerce site development and advertising
• web page development
• software licensing and hardware acquisition and leasing programs
• multimedia technology production and transfers
• content and online service provider agreements
• click-wrap, web-wrap and link agreements
• OEM distribution controls through licensing and bundling arrangements
• domain name registration, protection and disputes, including cybersquatting
• tax implications of conducting business over the Internet

In order to provide value-added service to clients when dealing with Internet, telecommunications and e-commerce transactions, we have assembled transactional teams that include our intellectual property attorneys as well as technology law, outsourcing, corporate and securities attorneys. More than a dozen of our IP attorneys focus their practice almost exclusively on the transactional aspects of intellectual property matters and thus bring a high level of experience to the table.

Industry Insight

With Holland & Knight, you will benefit from an E-Commerce Team that represents a range of clients from a variety of industries, including media, communications and entertainment, software design and development, the licensing and implementation of electronic medical record systems for medical practices, hospitals and other healthcare providers that qualify for federal certification, life sciences and pharmaceuticals. In addition to years of practice, many of our team members have industry experience providing them with an insider's perspective on the challenges our clients face. We work closely with each client to fully understand the nature of its business in order to anticipate its needs and provide the highest quality, proactive service.

Spinoff Savvy

Our team will provide the guidance you need on "spinoff" transactions, no matter how complex. We advise clients in their spinoff efforts – from preparing IP and technology transfer documents and negotiating exclusive rights arrangements to coordinating equity financing matters.

We have represented e-commerce companies in numerous spinoff transactions, handling the full range of issues, including:

• analyzing the federal and state tax ramifications
• proposing alternative transaction structures
• preparing the intellectual property and technology transfer documents
• negotiating exclusive rights arrangements with search engines and other Internet resources

Website Security

We provide regular advice concerning website security and client access to account and company information, potential downstream "springboard" liability, sanctions under Internet crime laws for hackers' conduct, and "due diligence" regarding technical solutions, including firewalls and file encryption.