The Firm’s Internet and E-Commerce practice consists of lawyers with varying experience, who have together assisted clients transacting business on the Internet since 1997.
LEGISLATIVE MATTERS
The Internet is capturing the attention of lawmakers and voters alike, and is thus ripe for legislation and regulation. The Firm’s legislative and public policy team has been at the forefront of the development of laws and policies affecting the transaction of business on the internet. The Firm is especially proud to have played a major role in the legislation of Virginia’s 1999 Internet Policy Act, which is the nation’s first comprehensive state internet policy, and which is being reviewed by other states as a model for legislation.
BUSINESS FORMATION AND ORGANIZATION
The Firm has helped numerous internet and e-commerce companies in forming and organizing their businesses as either corporations or limited liability companies. The Firm has broad experience in drafting sophisticated limited liability company operating agreements and shareholder agreements to govern the rights and obligations of equityholders, addressing executive compensation needs, including employment agreements and stock incentive plans, preparing consulting agreements, and preparing agreements containing non-competition, non-disclosure, and non-solicitation provisions to protect the business.
FINANCING
In 1999, the Firm represented an online retailer in its $126,500,000 initial public offering of common stock, after having assisted the company in raising over $130,000,000 through private equity financings between 1997 and 1999. The Firm has assisted numerous other online companies in raising capital through debt and equity sources.
CONTRACT DRAFTING AND NEGOTIATION
The members of the Firm’s Internet and E-Commerce practice have assisted the Firm’s publicly and privately held clients in negotiating contracts related to affiliate programs, licensing matters, internet credit card service, product sales and distribution, marketing agreements, internet consulting, and other areas related to operating an ongoing internet business.
INTELLECTUAL PROPERTY
Internet and e-commerce businesses are in particular need of legal guidance with respect to intellectual property matters such as trademark and service mark registration and protection, copyright matters, software licensing, customer data ownership, the assignment of intellectual property rights from employees, and advertising, promotional, and media issues. The Firm’s extensive intellectual property practice helps internet and e-commerce companies to create and protect what is often their most valuable asset—intellectual property.
LITIGATION
While we assist our clients in an effort to avoid litigation whenever possible through proactive contractual provisions and creative dispute resolution measures, it has been the Firm’s experience that conducting business on the Internet can and often does create situations in which our clients are either subjected to litigation or forced to consider litigation to protect their rights. The litigators on the Firm’s Internet and E-Commerce practice have had a great deal of experience in defending internet companies from a variety of claims and can assist the Firm’s internet and e-commerce clients in virtually all of their litigation needs.
REGULATED INTERNET BUSINESSES
The Firm’s Internet and E-Commerce practice represents its clients with respect to a variety of regulated facets of their businesses. For example, the Firm represents internet service providers in regulatory matters involving telecommunications carriers, health care providers in matters related to on-line pharmacies, medical advice, and referral bases, and businesses involved in the provision of banking and financial services online.
TAXATION
The Firm's Internet and E-Commerce practice represents Internet-based clients on legal and legislative tax matters, particularly on issues involving the Internet Tax Freedom Act, the Streamlined Sales & Use Tax Act, tax jurisdiction issues under the Interstate Commerce Clause, business activity taxes, and telecommunications tax reform.