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Regulatory and Government Affairs
WilmerHale has one of the nation’s premier legal practices representing Internet and other electronic media businesses. Our E-commerce Practice is comprised of an interdisciplinary team of lawyers from virtually all departments of the firm, including litigation; corporate; communications, privacy and Internet law; intellectual property; financial institutions; and defense, national security and government contracts. Our lawyers have worked with the industry since its inception, representing both existing “brick and mortar” businesses as they moved online and new companies that were formed in response to the growth of the Internet and electronic commerce.
Today, we are trusted advisors dedicated to providing comprehensive legal services to leading Internet and online businesses around the world on many novel and important questions concerning issues such as privacy, liability for online content, electronic commerce, free speech, security, intellectual property, consumer protection, Internet governance and online contracting. We have represented Internet and online businesses in federal and state courts throughout the United States, and we frequently draw on the expertise of our lawyers in our offices located in Europe to advise on international e-commerce issues.
- Online Content Liability. We have been at the forefront of policy development, regulatory activity and litigation on issues related to liability for online content, representing leaders of the online industry in landmark cases of first impression at both the trial and appellate levels.
- Electronic Commerce. From startups to major public corporations, our clients depend on us for comprehensive advice on a full range of commercial and transactional matters. Our attorneys come to the negotiating table with technology expertise, creativity and sensitivity to the business needs of clients. We have structured, negotiated and drafted thousands of commercial agreements involving e-commerce and technology issues, ranging from major joint ventures, co-branding and portal relationships, and strategic alliances to standardized “clickwrap” and online advertising agreements that can be used in markets across the globe. We have also advised numerous clients in structuring mission-critical outsourcing arrangements for businesses processes, management information systems (MIS), information technology (IT), human resources and employee benefits, customer service, and other business functions, both domestically and using offshore providers.
- Regulatory Representation. Through our representation of clients in major FCC, FTC, and other federal and state regulatory proceedings, we have helped to shape the most important policies affecting the e-commerce and telecommunications industries in a wide range of areas including consumer protection, financial services, advertising, online gaming, sweepstakes, contests, election law, and communications regulation. Our experience both in and out of government enables us to provide expert guidance to clients as they navigate confusing and often conflicting agency rules and procedures. Through our international offices, we offer exceptional expertise relating to EU and international regulatory agencies including the WTO.
- Electronic Payment Systems. We have represented clients in all aspects of electronic billing and payment systems networks. Our engagements have included billing projects on behalf of major merchants, processors, acquiring banks and issuers, and span the full range of payment systems and methods from traditional credit and charge cards to stored value, debit cards, phone billing, and ACH/electronic checking. We advise on all consumer and financial regulations bearing on such transactions across the spectrum of sales channels, with particular emphasis on projects that implicate more than one channel.
- Trademarks and Domain Names. We frequently advise clients on the availability, acquisition, registration and challenge of Internet domain names throughout the world, and the strategic selection, registration and enforcement of trademarks. We have been involved in numerous domain name disputes brought under the Uniform Domain Name Dispute Resolution Policy (UDRP), as well as numerous cybersquatting cases in federal courts. In addition, we participated in the United States government’s transfer to ICANN of management responsibility for the domain name system.
- Patents and Copyrights. Our intellectual property lawyers have long been leaders in applying technical expertise, legal acumen and business understanding to the novel challenges faced by clients in the Internet and new media arenas. We have represented many of the nation’s largest online, media and entertainment companies in a variety of intellectual property litigation, licensing, regulatory and counseling matters. We advise clients on the prosecution of Internet and e-commerce patents; novel copyright issues associated with the web; database protection issues; establishing and improving trade secret and proprietary information protection programs; and negotiating and drafting licensing, distribution and other agreements involving intellectual property rights.
- Internet Governance and Policy. We are one of the few private law firms in the nation with extensive experience in representing significant players in the Internet governance and policy arenas. Since the inception of the Internet, we have been on the forefront of the Internet policy debate in areas ranging from domain name assignment to technical protocols development. We have represented numerous clients in dealings with the Internet Corporation for Assigned Names and Numbers (ICANN), as well as the US Department of Commerce.
- Data Privacy, Security and Electronic Surveillance. As the rules governing the Internet continue to change, we regularly advise clients on domestic and cross-border data protection issues. We also provide our clients with the ability to monitor and influence new Internet-related laws and regulations; comply with export controls, including encryption restrictions; market emerging technologies to federal government agencies; and obtain access to government-owned technologies. We have a leading practice in areas concerning electronic surveillance and security issues and regularly counsel clients on the scope of their obligations to assist law enforcement and other government agencies.
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Regulatory and Government Affairs Practice Areas
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