Digital Media, Internet and Information Technology Law

Our Digital Media and Internet Practice group advises on issues relating to the use of digital technology in a wide array of activities, both business and personal.   The three core focus areas are:

Digital Media

We advise on legal issues relating to the use of digital media, including social networks (e.g., Facebook, Twitter, LinkedIn, Google+) and online distribution channels (e.g., YouTube, iTunes, Vimeo). Representative issues in this area include content licensing, defamation, access to content, and social media use in employment and academic settings.

Privacy & Cyber Security

The growing digitization of the marketplace creates a host of privacy and security concerns. We advise on compliance with privacy and other recordkeeping laws regulating the collection, storage, and use of electronic data. We also provide assistance in responding to data security incidents or litigating privacy and data breach claims.

Information Management

An explosion in the volume of electronic data generated in the ordinary course of business has created regulatory and logistical issues. We advise on document retention strategies and assist in ediscovery matters.  We advise clients in a broad range of industries, including financial services, health care, hospitality, education, mass media, artists, musicians and authors.
Expertise

Counseling on compliance with government regulations & private contractual requirements

  • Social media policies for employers
  • Collection, use, and storage of electronic data
  • Data security
  • Review of promotional literature for compliance with consumer protection laws
  • Privacy risk assessments

Documentation of Transactional Assistance documenting digital media and information technology oriented transactions

  • Digital media transfer agreements
  • Data and content acquisition licensing
  • Privacy policies and terms of use agreements
  • Software and content licensing
  • Record label agreements, music licensing agreements, A&R agreements

Dispute Resolution Representation

  • Defamation and online reputation
  • First Amendment rights
  • IT vendor disputes
  • Anti-cybersquatting and takedowns
  • Copyright and trademark infringement actions
  • Privacy litigation
  • Data security breach incidentses
  • Electronic bank fraud
  • Ediscovery support
  • Advised corporation on obligations in responding to potential breach of personally identifiable information of employees
  • Represented public hospital system in multi-million dollar contractual dispute with EMR vendor
  • Obtained relief for publicly traded company in contractual dispute against provider of custom CMR solution
  • Advised medical practice on compliance with HIPAA Security Rule and Privacy Rule
  • Counseled management of numerous businesses on discipline and termination of employees for their conduct on social networks
  • Defended director and administrators of charter school against claims arising from cyberbullying incidents
  • Assisted private school with management of legal risk caused by “sexting” incident involving a student
  • Managed collection and compilation of electronic records of public agency to respond to federal investigation
  • Drafted terms of use and privacy policies for websites in various industries, including hospitality, agriculture, and health care
  • Drafted terms and conditions for provider of community Wi-Fi network

Practice Chair

Attorneys