Intellectual Property > Internet and New Media Litigation and Counseling

Our clients are faced with a host of organizational and competitive issues surrounding staggeringly diverse types of digital information and communications technologies and content. From blogs and YouTube to streaming movies, e-commerce, online gaming and mobile devices, “new media” encompasses the seemingly unlimited ways digital content is created, delivered, protected and consumed.

Akin Gump Strauss Hauer & Feld LLP’s IP attorneys understand the technological complexity of today’s business environment and the key role of information technology in that environment. That understanding forms the basis for sophisticated counseling and support on e-commerce issues such as licensing of software and other technology, outsourcing, strategic affiliation, data protection and privacy. We help our clients solve complex and sometimes novel business challenges that span multiple legal issues (e.g., intellectual property, privacy, licensing, communications, entertainment, data security, IT, advertising) and multiple practice areas (e.g., regulatory, corporate, litigation, advisory, international). With new media so often overlapping multiple disciplines, our firm’s team approach works to our clients’ advantage.

Our IP attorneys routinely advise clients when technology is part of the problem, not the solution, e.g., removing posts from social media, handling domain name disputes (ICANN UDRP and in the courts), pursuing hackers and reacting to network intrusions, and analyzing Section 230 immunity for publishers of user-generated content. We provide services such as strategic agreements (policies, EULAs, digital rights management), online multijurisdictional advertising, data protection and privacy, and Internet domain name and keyword strategy and disputes.

Regarding privacy, we have helped our clients understand the complex patchwork array of state, federal and international privacy and data security laws, regulations and directives and implement practical policies to ensure that their data handling practices, customer loyalty programs, point of sale systems and affiliate programs comply with the law. Privacy and security representations and warranties are becoming more common in corporate transaction documents, emphasizing the need for our clients to understand whether they are in a position to make such representations and warranties. Our privacy practice has assisted numerous Fortune 500 companies nationwide in developing their privacy policies and procedures under federal and state regulations. We have performed policy and procedure audits, drafted privacy notices and provisions, undertaken in-depth analyses of how state, federal and international privacy laws apply to particular businesses and successfully defended privacy issues in both state and federal courts. We also have specific expertise in helping clients deal with security breaches that implicate release of protected information stored regarding their employees and customers. We monitor the laws developing at the state level regarding mandatory disclosure of such breaches and have experience in working with law enforcement to resolve such issues.

As geographical borders, in large part, disappear from the online world, our international experience and capabilities around the globe are frequently an essential part of the solutions we offer our clients.