You Need An Internet Lawyer Specializing in Internet Law, Technology Company Representation & On-Line Legal Issues

You have a specific problem arising on the web.  We have an Internet lawyer who understands your specific problem, how the Internet works and the back-end technology required to get the problem solved. In fact, we represent some of the largest players in the Internet space concerning legal issues arising in the on-line world. Because we are a niche law firm, we know how to move the ball down the field in an efficient, cost-effective manner.

1ese1 Founding Attorney Enrico Schaefer:  "An Attorney who specializes in Internet law understands the challenges which arise when legal issues occur in cyberspace.  Because the Internet is still relatively new, the application of traditional legal principles in areas of jurisdiction, venue, breach of contract, e-commerce, trademarks, copyrights, patents and a host of other issues is often challenging for both attorneys and courts.  Most lawyers do not understand DNS, IP protocol, web hosting, proxies and other Internet technologies required to deliver results to the client. As important, an Internet lawyer must understand how the Internet works on both the network and software sides in order to investigate Internet law issues on behalf of their technology clients."

If you have a legal matter which arose on the Internet, you need to speak with us.  Contact an Internet lawyer today for a no risk consultation by calling international toll free (866) 936-7447.

March 07, 2015

Unauthorized Access to Email and Hacking Issues

In today’s day and age, there are multiple opportunities for your email, social media or other accounts to be hacked.  While hacking carries with it the connotation of some underground or black hat actor in some far, far away land, the reality is that hacking issues may crop up in various forms.  One particular area that is regularly the subject of discussion surrounds the unauthorized access to another’s email account, emails and attachments to those emails.  This fact scenario may arise in an employer and employee relationship, in a divorce case or in some other kind of business or commercial transaction.  So if you believe that your email has been hacked or there has been some kind of unauthorized access, you need an internet lawyer to review and analyze so as to be in position to advise. 

 

There are multiple criminal and civil statutes that may be applicable.  The Computer Fraud and Abuse Act (CFAA), 18 USC 1030, is one that requires there be an intentional access to a computer without authorization or in excess of any authorization, so as to allow the person accessing it to obtain information from a protected computer so long as the conduct involves interstate communication.  The CFAA has been interpreted both narrowly and broadly by courts throughout the United States, and therefore it is important to understand the facts in order to advise as to its applicability.  Nevertheless, there are damage thresholds, as well as statute of limitations, that should always be at the forefront of your mind in the event that you have been subject to an unauthorized access issue.  

 

Another option may be available via the Stored Communications Act (SCA), 18 USC 2701.  Similar to the CFAA, the SCA has its own requirements, namely that there be an intentional access without authorization to a facility through which an electronic communication service is provided or that the access intentionally exceeds authorization.  As a result, the person with access obtains, alters or prevents authorized access to a wire or electronic communication while it is in electronic storage in such a system.  Like the CFAA, the SCA provides for both civil and criminal relief.  It also allows for recovery of actual damages, punitive damages for willful or intentional access, as well as costs and attorney fees.  

 

The Electronic Communications Privacy Act (ECPA), 18 USC 2510, may also be applicable so long as there is a qualifying interception of an email message during the course of transmission.  

 

State laws, including the Uniform Trade Secrets Act (UTSA) and other statutes or common laws may also be applicable in the event of an unauthorized access to an email account.  Put simply, if you believe that you have been subject to an unauthorized access to email offense, it will be important to document and be able to explain to an Internet lawyer your issues so that he or she may determine which of the above causes of action may be applicable, if any. 

March 04, 2015

Is Your Company’s Data Properly Protected?

With the increasing number of data breaches happening today, the need for data privacy protection is at an all time high.  Does your company have the necessary policies, procedures and technologies in place to protect it from such risks?  As technology continues to develop, the ability to move and share data on the cloud increases the need to protect such data and ensure privacy.  Companies should have in place procedures and guidelines for handling data, proper storage protection, and compliance with data-privacy laws and guidelines, just to name a few.   

 

How do you know if your company is protecting the privacy of its users’ data?  Below are 11 questions that can give you a quick review to see how well you are protecting this information: 

 

Continue reading Is Your Company’s Data Properly Protected? >>
February 27, 2015

You Own and Operate A Website, But What Website Agreements Do You Need?

Website policyAny website owner should already have or be in the process of getting certain website agreements to govern their relationship between it and its users.  These typically, at the very least, include a Terms of Use, Privacy Policy and Copyright Policy.  The Terms of Use will define such things as what user conduct is permitted, intellectual property ownership, and disclaimers and other limitations on liability for the website owner.  The Privacy Policy will govern the collection of, use of, sharing of, storing of, and other data handling related to a user’s personally identifiable information and other information.  The Copyright Policy will set forth the required language and terms in order for the website owner to comply with the Digital Millennium Copyright Act, or DMCA.  It is not uncommon for the Copyright Policy to simply be incorporated into the Terms of Use. 

Continue reading You Own and Operate A Website, But What Website Agreements Do You Need? >>
November 06, 2014

Being Catfished by your Online Dating Website Company?

Online dating and social media websites have given us an up-to-date way to meet other people for potential romantic relationships and/or friendships.  This new-age way of meeting people has also brought about the term known as “catfish”, which is defined as when one person lures another person into a relationship by means of a fictional online persona.  It is bad enough when an individual catfishes another person, but it becomes even more insulting when an online dating service company uses the same fictional practices to trick online daters into signing up for paid memberships to their dating websites.  Online dating

Continue reading Being Catfished by your Online Dating Website Company? >>
September 21, 2014

Someone Stole My Company

In May of 2013, Forbes.com published an article stating that U.S. entrepreneurship start-up businesses had hit an all-time high of 13% in 2012.  It is easy to assume that with the creation and continual growth of the internet, this has helped many individuals launch their own online businesses.  However, with this increase in entrepreneurship, it is also very common to hear about business partners fighting over the ownership after a company becomes successful.  Internet business images One of the most recognized company-ownership battles was the lawsuit regarding the Facebook ownership interest between Mark Zuckerberg, his roommate Dustin Moskovitz and the Winklevoss brothers, who had hired Zuckerberg as an independent contractor to develop Harvardconnections.com.  The Winklevoss brothers alleged in the lawsuit that Zuckerberg stole their idea and illegally used the source code that they hired him to create for their website.    

Continue reading Someone Stole My Company >>
July 08, 2014

A Registrar Could be in Trouble for ‘Papering the House’

Network Solutions could be in a lot of hot water for papering the house with their .XYZ domain name to thousands of their domain owners.  What ‘papering the house’ means is  the giving away large amounts of tickets to increase audience numbers in hopes to create a positive word-of-mouth that was suffering from lackluster ticket sales.  This is quite often done in the music, sports and Freeentertainment industry.  And what Network Solutions did was similar, in the fact that they gave away to some of their .com domain owners the same-term domain name in .XYZ without their knowledge or approval to hopefully boost interest in the .XYZ domain.  It is speculated that Network Solutions did this because the registration figures for their .XYZ domains lower than expected and was most likely hoping that increasing their rankings, which this action pushed it to #4, and would create more interest of the .XYZ to potential domain name buyers.  

Continue reading A Registrar Could be in Trouble for ‘Papering the House’ >>
July 01, 2014

Sheel Mohnot and Lindsay Holden Interview: ICANN 48 Buenos Aires – YouTube Video

Top Level Design’s creator & CEO, Raymond King, interviews Sheel Mohnot and Lindsay Holden of Applicant Auction regarding their services for being a third-party market facilitator of ICANN’s new gTLDs.   Applicant Auction assists applicants with contested TLDs in private auctions for resolving ICANN gTLD string contentions, known as Last Resort Auctions, which companies or individuals many may find themselves involved in when trying to apply for a dot-brand registry under the ICANN New gTLD Applications Process.

 

Ray King speaks: Hi and welcome to another edition of the Dyn Video Blog done in conjunction with Circle ID and ICANNWiki and today I'm here with two of the directors of the applicant auction, Sheel Mohnot and Lindsay Holden.  Now you guys fulfill a unique need within the industry and I am wondering if you couldn't tell us just how your business came about and what you doing for the gTLD process?

Continue reading Sheel Mohnot and Lindsay Holden Interview: ICANN 48 Buenos Aires – YouTube Video >>
June 12, 2014

Right To Be Forgotten YouTube Video

Let's talk about something else.  “The Internet!”  In Europe this week, there was some potentially significant news.

    

News Clip: It is said the Internet never forgets, until now that is.  In a huge ruling, the highest court in Europe ruled that Google, and other search operators like it, must delete search result if they are requested.  They're calling it, “the right to be forgotten.”

Continue reading Right To Be Forgotten YouTube Video >>
May 08, 2014

Donuts & .coffee and more

Donuts, Inc., is one of the largest internet domain name registries, that is offering some of the new gTLDs.  They have launched more than 100 new gTLDs since in late 2013. Some of those included .coffee, .clothing, .domains, .marketing, .bargains, .singles and .vacations.  Donuts has scheduled to launch another 30+ gTLDs from May to June 2014.  Those include such TLDs as .associates, .university, .clinic, . surgery, .dental, .church, .fitness, .cash and .tax.  Donut and coffee

In addition to the Trademark Clearinghouse Sunrise service, which entitles trademark holders to additional protection measures of their trademarked domains, Donuts provides additional IP protection measures called Domain Protected Marks List, which allows trademark holders to block their marks from being registered at the second level  of all Donuts’ TLDs.  

For more information about Donuts’ gTLDs and how to obtain a domain under their new gTLDs that is representative of your protected trademarks, contact one of our experienced lawyers and attorneys.  

May 02, 2014

New gTLD Registry Rollouts: Early Issues

Over 250 new gTLDs and gTLD registries have come online over the last several months.  Over six hundred thousand new domains have been registered on the new gTLDs, but the rollout has not been without controversy.  New gTLD lawyers who are monitoring the situation note that many of the newly registered domains with these new registries are actually “reserved domains” by the registries themselves.   It is unclear what percentage of the domain registrations are legitimate third-party registrations and how many domains are actually reserved by the registries because they are premium domains or because the registries believe they are going to be profitable down the line.  Along this same line, many domainers are noting that many of the best domains on these new gTLDs are being held back by the registries.  Instead of tens of thousands of new generic dictionary word domain names becoming available, domainers complain that the best domains aren’t being made available to the general public by the registries.

Continue reading New gTLD Registry Rollouts: Early Issues >>
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Events & Conferences:
  • International Trademark Association 2011, San Francisco, California
  • Cyber Law Summit 2011, Las Vegas, Nevada
  • Game Developers Conference 2011, San Francisco, California
  • DOMAINfest 2011, Santa Monica, California
Recent Attorney Speaking Engagements:
  • South By Southwest 2010 SXSW Interactive Conference, Austin, Texas
  • West LegalEdcenter Midwestern Law Firm Management, Chicago, Illinois
  • Internet Advertising under Part 255, Altitude Design Summit, Salt Lake City, Utah
  • Online Defamation and Reputation Management, News Talk 650 AM, The Cory Kolt Show, Canada Public Radio Saskatewan Canada
  • Alternative Fee Structures, Center for Competitive Management, Jersey City, New Jersey
  • FTC Part 255 Advertising Requirements, Mom 2.0 Conference, Houston, Texas
  • Webmaster Radio, Cybersquatting & Domain Monetization, Fort Lauderdale, Florida
Notable Complex Litigation Cases Handled By Our Lawyers:
  • Trademark Infringement, Milwaukee, Wisconsin
  • Cybersquatting Law, Trademark Law and Dilution Detroit, Michigan
  • Internet Defamation & Online Libel Indianapolis, Indiana
  • Trade Secret Theft, Chicago, Illinois
  • Cybersquatting Law, Anticybersquatting Consumer Protection Act Miami, Florida
  • Cybersquatting Law, Anticybersquatting Consumer Protection Act Eastern Dist. of Virginia, Alexandria
  • Stolen Domain Name, Orlando, Florida
  • Commercial Litigation, Tampa, Florida
  • Copyright Infringement and Cybersquatting Law, Grand Rapids, Michigan
  • Mass Tort Litigation, Los Angeles, California
  • Stolen Domain Name, Detroit, Michigan
  • Adwords Keyword Trademark Infringement, Los Angeles, California
  • Trademark Infringement & Unfair Competition, Boston, Massachusetts
  • Non-Compete Agreement and Trade Secret Theft, Detroit, Michigan
  • Mass Tort, Philadelphia, Pennsylvania
  • Mass Tort, Tyler, Texas
  • Insurance Indemnity, New York
  • Copyright Infringement, Detroit, Michigan