Practice Areas & Industries: Edwards Wildman Palmer LLP


Digital Media and E-Commerce Return to Practice Areas & Industries

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Practice/Industry Group Overview

Companies involved in digital, mobile, and interactive media and commerce face many challenges, including navigating complex consumer privacy and protection regulations, operating in a global economy, protecting critical intellectual property, and avoiding liability and antitrust issues. From start-ups and emerging growth companies to Fortune 500 corporations, the lawyers in Edwards Wildman’s Digital Media and e-Commerce practice have been at the forefront of the convergence of media, commerce, and technology since the earliest days of the Internet. We have assembled a multi-disciplined approach, bringing together lawyers in our US, Europe, and Asia offices focused on evolving media from all practice areas.

Our clients include publishers; retailers and distributors; consumer products companies; console and mobile game developers and publishers; social networks; advertising networks; computer hardware and software companies; and venture capital and private equity funds.

Digital Media and E-Commerce
Our lawyers act as trusted advisors to clients in the digital media and e-commerce industries. We understand the complex issues they face and provide counsel relating to:

  • E-contracting, affiliate relationships, cross-border issues, and MAP policies
  • Social networking, virtual world, mobile, and interactive games and apps
  • Digital content distribution arrangements, including OTT-TV deals and digital music
  • Ownership and liability issues related to user-generated content
  • CDA immunity and DMCA safe harbor provisions
  • TCPA and CAN-SPAM compliance
  • Content creation, acquisition and IP protection
  • Electronic contracting, including enforcement of online agreements
  • Online payments, stored value and gift card programs and systems
  • Terms of service, terms of sale and end user license agreements (shrinkwrap, browsewrap, and clickwrap)
  • Cross-border online consumer transactions
  • Regulatory issues, including distance-selling and antitrust/competition law rules
  • Identity management
  • European E-Commerce Directive

Intellectual Property
Clients across the globe seek our counsel to obtain and protect their technology through patents, trademarks, trade dress, design rights, and copyrights, as well as domain names. Although many businesses see intellectual property (IP) as a way to defend their creative innovations from infringement by others, we understand the enormous commercial potential that IP offers to a company’s success. Skillful deployment of IP can bring in sources of additional revenue, enable a business to raise capital financing and advance its strategy, and contribute significantly to asset value.

Technology Licensing
We guide clients through the legal issues associated with emerging technologies – and help them leverage opportunities with practical, business-focused legal advice. This includes distribution, licensing, and exploitation of content across digital media platforms and negotiation and drafting of related agreements. We advise on:

  • In-licensing and protection of core technology
  • Out –licensing and commercialization of core and non-core technology
  • Product development collaborations and joint ventures
  • Outsourcing
  • Open source
  • Cloud computing
  • International technology transfer issues

Video Games and Interactive Entertainment
Leading video game publishers, developers, and technology and content providers work with Edwards Wildman to structure, draft, and negotiate all types of agreements and provide counsel related to:

  • Software development
  • Software distribution
  • Technology licensing
  • Content acquisition
  • Asset disposition
  • Talent agreements
  • Business formation
  • Contests, sweepstakes, virtual currency and loyalty programs
  • Transmedia and cross-platform exploitation
  • Mergers and acquisitions

Privacy and Data Security
Edwards Wildman is a nationally recognized leader in privacy and data security law, recently ranked in Chambers USA and Legal 500 US. In both the US and Europe, we develop workable, business-centered compliance solutions for online and offline data involving consumers, employees, vendors, and other third parties. Our work in this highly specialized area includes:

  • Legal and self-regulatory standards
  • Privacy and security policies and notices, corporate-wide compliance and training programs and breach notification programs
  • Security and data protection clauses for agreements with third-party vendors
  • Compliance with EU Safe Harbor standards and EU laws related to tracking technologies
  • Compliance with the Children’s Online Privacy Protection Act (COPPA)
  • Government inquiries and litigation involving privacy and security breaches