Practice/Industry Group Overview
Keller and Heckman LLP is on the cutting-edge of today's most exciting ways to communicate and do business: the Internet and mobile media. Our regulatory and business expertise enables us to assist clients in promoting their brands and generating revenues using digital media, as well as in advocating a sensible legal framework governing privacy, data security and digital commerce to policymakers around the world. We help clients:
- Establish, advertise and maintain globally accessible websites that meet their business-to-business (B2B) and business-to-consumer (B2C) objectives, while protecting the privacy and managing the security of data entrusted to them;
- Handle relationships with advertising, telecommunications and online service providers, and business partners; and
- Protect valuable intellectual property.
Our privacy, data security and digital media work includes public policy advocacy, counseling, assisting with transactions, and defending businesses facing enforcement and litigation actions.
Public Policy Advocacy
Central to our ability to assist clients is our ongoing involvement in policy debates about how the Internet, mobile media, apps, interactive television and other platforms should be governed. Our attorneys represent clients in rulemaking proceedings involving privacy (including children's privacy), data security, advertising, content issues and advertising literacy before the U.S. Federal Trade Commission (FTC), the Federal Communications Commission (FCC) and the Department of Commerce (DOC), and have appeared at agency workshops on these topics. Internationally, we actively support best practices in advertising and privacy self-regulation through participation in the International Chamber of Commerce (ICC) Marketing and Advertising Commission. We also assist clients in state privacy and security legislative and regulatory initiatives.
Our attorneys counsel clients on privacy, data security and data breach notification compliance issues, as well as on digital advertising, marketing, sweepstakes, contests, and other promotional matters. In particular, we help clients comply with the various sector-specific federal and state privacy and data security laws; establish and implement internal digital privacy, data security and breach notification policies; craft public privacy policies and website terms; and manage outsourcing arrangements and transborder data flows. We also assist clients in developing self-regulatory compliance strategies for online behavioral advertising (OBA), and we advise clients on online disclosures and disclaimers; application of the FTC's endorsement and testimonial guidelines to digital advertising; user agreements; and chat room, blog and other rules. Our in-depth familiarity with the privacy and data security legal and policy landscape and the range of relevant laws enables us to guide our clients in establishing best practices and common sense solutions for collecting, storing, sharing and disposing of data, as well as handling user-generated content and managing social media. We also help clients address intellectual property ownership in the digital space, develop copyright take-down procedures, and challenge misuse of trademarks or copyrighted materials.
Promotions are the lifeblood of many of our clients' B2C activities. Keller and Heckman attorneys assist clients in structuring online and mobile contests, sweepstakes and promotions, and distribution of coupons and gift cards to comply with state and federal laws, commercial coventurer requirements, the CAN SPAM Act, Children's Online Privacy Protection Act (COPPA) and telemarketing laws.
Our privacy, data security and digital media clients benefit from our inter-disciplinary approach. Legal and scientific experts from our product safety, food and drug, and pesticide practice groups often work with our privacy attorneys to advise clients on appropriate health, safety, environmental or other claims for products such as foods, drugs, dietary supplements, resins, telecommunications equipment, machinery, chemicals, electronics or toys. Working with our employment and labor practice groups, we assist clients in developing policies on employee privacy and security, the use of social media by employees, digital and other monitoring and surveillance tools in the workplace, and employer-provided devices and networks. We also counsel clients on avoiding antitrust pitfalls of B2B e-commerce ventures.
The digital media environment has spawned a host of agreements between clients and various service providers and business partners. We advise clients on advertising and promotional agreements, cloud computing agreements, outsourcing agreements, and digital service provider agreements. We also develop and negotiate web hosting, web development, e-commerce, and retail and resale Internet access agreements.
Enforcement and Litigation
Where the need arises, Keller and Heckman attorneys assist clients in responding to administrative enforcement actions, with disputes before self-regulatory bodies, and in arbitrations and mediations, as well as with litigation. With the growth of lawsuits—including class action lawsuits—alleging privacy and security violations, insurers are taking a close look at coverage. Our insurance coverage and litigation practice groups assist in evaluating coverage and defending clients in court. We work to assure that privacy considerations are addressed in discovery. We also are involved as neutrals in Internet disputes.
- Represent national trade association in the Children's Online Privacy Protection Act (COPPA) and other privacy rulemaking proceedings.
- Advise international food, packaged goods, publishing, oil and gas, and retail clients on state data breach notification obligations, and privacy and security policies and compliance.
- Successfully defended online retailer in FTC investigation of CAN SPAM violation and children's product companies in COPPA investigations. In each case the investigations were closed with no action.
- Established social media policies for a national grocery retailer, national trade associations and consumer products companies.
- Assist national confectionery company in implementing online behavioral advertising self-regulatory compliance program.
- Develop privacy policies and website policies for diverse businesses and associations.
- Advise international food and consumer product companies on transborder data flow adequacy mechanisms and draft adequacy policies and instruments.
- Successfully obtained take-down of infringing videos from social media sites.