Commercial Litigation

With the ever-changing pace of technology, our clients need a partner who stays ahead of the curve; a partner who can assist them in preventing, detecting and proving conversion, theft and trespass in the electronic marketplace. We represent brick and mortar businesses with an online presence, telecommunications companies, software developers, data storage companies, technology-related vendors and medical practices, all ranging in size – from startups to publicly traded companies and international enterprise.

We represent our clients in state and federal courts, arbitrations, mediations, and other negotiations and settlements concerning electronic transactions, business disputes, and the misuse and misappropriation of electronic data.

Our attorneys have varied backgrounds to assist with addressing complex technology disputes. We provide counsel on matters related to business formation and operations, intellectual property and disputes arising from electronic transactions.

We not only counsel our clients on their pending matters, but we help them develop risk management strategies to avoid potential issues in the future. We also employ the most current technologies in our practice and have an in-house litigation IT support team.

Our Technology & Internet Law attorneys have helped clients successfully mitigate and resolve a variety of technology threats, disagreements and risk issues, including:

E-Commerce

  • Breach of warranties
  • Click-through agreements
  • Click-wrap, web-wrap and link agreements
  • Collection matters
  • Consumer litigation
  • Compliance with the requirements of regulators
  • Compliance with the requirements of state and federal laws
  • Data breaches and cyberattacks
  • Disputes concerning scope-of-work and “as-built” projects
  • Domain Name Service (DNS) matters
  • E-commerce sales and marketing
  • Electronic transactions
  • Enforceability of various provisions in e-commerce-related agreements, including arbitration clauses and venue provisions
  • False marketing claims
  • Hosting issues
  • Investigations and request for information responses to the Attorney General, law enforcement and other governmental agencies
  • IT vendor complaints and negotiations
  • Jurisdictional matters
  • License agreements
  • Misleading advertising allegations
  • Mobile device matters
  • New York General Business Law matters
  • Non-competition agreements and disputes
  • Retail transactions
  • Sale of goods
  • Service provider agreements
  • Software as a service (SaaS) agreements
  • Tax implications of business on the internet
  • Technology errors
  • Unfair competition
  • Terms of use
  • Web application agreements
  • Website disclaimers

IP Protection

  • Bet-the-company technology disputes
  • Breach of security policies
  • Confidentiality agreements
  • Consulting agreements
  • Contractor agreements
  • Data security
  • Domain names
  • Inventors
  • Licensing
  • Misappropriation of trade secrets
  • Privacy matters
  • Protection of corporate data on smartphones, tablets and other hand-held devices
  • Theft of technology
  • Tortious interference
  • Trademark and copyright infringement
  • Unfair competition matters

Technology-Related Employment Matters

  • Theft of data and confidential information
  • Breach of fiduciary duties
  • Disgruntled employees involved in online defamation
  • Employee investigations
  • Employee starting a competing business, poaching clients or taking ideas
  • Employment agreements
  • Independent contractor agreements
  • Outsourcing agreements
  • Social media policies
  • Work-for-hire agreements

E-Discovery

  • Assisting clients with e-discovery strategies
  • Business marketing concerning social media
  • Counsel on effective litigation holds
  • FOIL and FOIA requests seeking electronic data
  • Metadata issues
  • Non-party interests, rights and obligations when served with subpoenas or other requests to produce data in another party’s litigation
  • Production of documents to state and federal agencies
  • Requesting documents from state and federal agencies
  • Requesting documents from social media providers and other third parties
  • Managing small data sets to millions of pages of electronic documents related to e-discovery

Other Technology-Related Activities

  • Cyberattack investigation, response and litigation
  • Data breach response
  • Website takedowns
  • Social media takedown actions
  • Buying and selling interests in technology businesses
  • Computer hardware
  • Cyber and bulk email disputes
  • Digital Millennium Copyright Act (DMCA) policies
  • General commercial and corporate issues regarding electronic transactions
  • IT infrastructures
  • Review and counsel on technology topography maps
  • Software development
  • Spyware litigation
  • Text messaging spam
  • Voice over Internet Protocol (VoIP) networks

Technology & Internet Law