The ability to connect has become ubiquitous—from phones, tablets and computers to smart homes, cars and consumer products.

The proliferation of new digital content services, social media platforms and mobile applications blurs the lines between commercial and expressive content.

The growing connection between content and technology, and between businesses and consumers, not only challenges traditional paradigms, but stretches the framework of laws and regulations governing an entire spectrum of communications—from entertainment to advertising, and from telecommunications to the Internet.

Our Digital Media and Technology Group understands the shifting competitive and regulatory landscape.  We help clients stay ahead of the curve in today’s fast-paced business environment, delivering practical analysis and business-driven solutions to the most pressing legal issues in advertising, consumer protection, intellectual property, IT and outsourcing, privacy and data security, and communications, among others.

Our interdisciplinary team handles the full range of legal and policy issues facing multi-platform content providers, including software and video game designers, publishers, cable, mobile application developers, direct broadcast satellite providers and other over-the-top and video service providers.

We counsel clients on issues related to on-demand access to content, as well as interactive user feedback campaigns and creative participation.  Our proficiency in content distribution and our knowledge of broadband and mobile wireless regulation allow us to provide clients with invaluable tools to navigate and adapt to the converged media environment.

Our services include:

User-Generated Content

• Site terms for websites, apps and social media

• Rules for promotions and campaigns featuring consumer-generated content

• Contracts to secure rights to content submitted by users

• Advice on liability for unlawful or unsuitable content

Mobile Marketing

• SMS campaigns

• Premium subscription services

• Text-to-win sweepstakes

Social Media

• Terms of use

• Guidelines for endorsements and reviews

• Privacy policies

Viral Marketing

• Vendor agreements

• E-mail refer-a-friend programs

Network Agreements

• Content distribution and peering agreements

• Privacy and data security provisions

• Cloud, data hosting and WebRTC deployment support:

• Open source integration, new product development and go-to-market, and technology procurement

• Use of Big Data to inform greater operational efficiencies, cost reductions and reduced risks

• Draft and negotiate transaction documents for analytics engagements

Regulatory and Legislative

• Compliance counseling related to legal and regulatory requirements of the FCC, FTC, FDA, other agencies and state attorneys general

• Broadband, distribution and equipment regulations

• Classification of services and application of regulatory fees and telecom-related taxes

• Strategies for leveraging or avoiding consequences of regulation

• Export Controls:

  • Design and implement efficient, tailored compliance systems and conduct due diligence export compliance reviews for acquisitions and successor liability

  • Significant experience preparing voluntary disclosures and helping clients resolve export enforcement investigations, including assistance with enforcement site visits and post-shipment verifications

  • Routinely help clients obtain export licenses for products, software and technology, and provide day-to-day advice regarding time-sensitive export issues

• Law enforcement obligations

• Legislative and Regulatory Advocacy:

  • Engage Congress and federal regulatory agencies on behalf of clients to ensure that they sustain market leadership, protect a competitive business environment or achieve a specific policy objective

  • Track and analyze legislative initiatives and regulatory rulemaking to keep clients aware of, and engaged with, the federal legislative and administrative processes and inform their strategic considerations and business decisions

Cybersecurity and Privacy

• Preparation and review of privacy and data security statements, policies and programs

• Compliance counseling with respect to federal and state privacy and data security laws and regulations

• Internet of Things (IoT)

• Post-breach counseling and defense

Litigation

• Litigation regarding content, representing content providers, users, creators and distributors

• First Amendment–related litigation, including defamation, invasion of privacy and right of publicity

• Litigation relating to the use of consumers’ personal information, geolocational and device data, and Customer Proprietary Network Information (CPNI), including consent for e-mail marketing, text messaging and online behavioral/preference marketing, related laws including the FCC’s CPNI regulations, the Telephone Consumer Protection Act, the Telemarketing Sales Rule and the CAN-SPAM act.

​Trademark and Copyright

• Strategic trademark counseling and management of domestic and international portfolios, including trademark clearance and prosecution of trademark applications

• Copyright counseling, including acquisition and registration of copyrighted works, evaluation of ownership interests and development of copyright protection strategies

• Advice, negotiation and drafting of trademark and copyright licenses, distribution agreements, assignments and security agreements

• Negotiating and drafting of confidentiality agreements and work-for-hire agreements

• Due diligence investigations and audits with respect to trademarks, copyrights and other IP assets

Internet Domains and Content

• Assist brand owners in applying for new gTLDs and enforcing rights pursuant to ICANN’s related Dispute Resolution Policies

• Counsel regarding creation and content of websites

• Resolve domain name, hyperlink and framing disputes

• Prepare and file copyright applications for website content and source codes

Patent

• Prepare opinions on patentability, validity and noninfringement

• Prepare and prosecute U.S. and foreign patent applications

• Provide strategic advice on matters such as infringement avoidance, alternative dispute resolution and settlement options

• Counsels clients in high tech industries on issues such as trade secrets, product clearance and designing around patents

• Advise new media and other businesses targeted by patent licensing demands from various nonpracticing entities

• Counsel on various aspects of patent acquisition, transfer and licensing, including related issues such as antitrust considerations

• Represent clients in matters before U.S. District Courts, the U.S. Court of Appeals for the Federal Circuit, the U.S. International Trade Commission and the U.S. Customs Service