E-Commerce And Internet Law

At Hartman & Winnicki, P.C. our E-Commerce and Intellectual Property Law Group handles complex licensing transactions for computer software developers, Web site development companies, clients who are purchasing software licenses, and clients who are undergoing computer upgrades and systems integration.  We advise businesses on proactive best practices for electronic document retention and digital discovery strategies.  The Firm not only handles the information technology issues for its clients, but also renders a full range of general corporate legal services, from business formation, incorporation, employment agreements, shareholder agreements to incentive stock option agreements.  We also handle litigation for breach of contracts, employment claims, commercial claims and tort issues.

The Firm's E-Commerce and Intellectual Property Law Group is devoted to keeping abreast of the latest developments in the new emerging practice area known as "Internet Law" as well as "Digital Discovery" and "electronic evidence."  Since there is relatively little statutory or decisional law, the practitioner must have a careful understanding of the laws that do exist, as well as the disciplines from which the foundation for Internet Law is being formed, such as, copyright law, trademark law, First Amendment law, privacy law, trade secret law, commerce clause law, licensing law and commercial law generally.

Never before have issues of personal jurisdiction, trademark, copyright, confidentiality, defamation, and electronic evidence been so important to the business client. For instance, a company's Web site may create personal jurisdiction in all 50 states. Moreover, any employee has the ability to publish (internally or to the world) material which infringes on another's copyrights or trademarks, or which is defamatory, exposing his employer to potentially enormous liability. The Firm's Internet Law Group renders advice to its clients on these issues. The Firm can advise its clients on how to reduce legal exposure in a viriety of related areas .  We also can advise you on the importance of registering an Internet domain name as a trademark (to preserve the company's product or service mark).

We advise our clients on how to preserve the legal status of their valuable trade secrets which are kept on their computer systems or transmitted by e-mail over the Internet. Our clients also seek our advice with respect to adopting e-mail policies concerning the company's computer network and monitoring employee e-mail for discriminatory, harassing or obscene messages, or for violation of confidentiality policies of the client.

In this age of exponential technological change, unforeseen impacts can destroy a business or its preventive litigation strategy. Electronic communication and digital information storage and retrieval systems present increased layers of problem solving.  Evidence is now increasingly "E- Evidence" that can only be identified and considered by attorneys who understand the technology used in electronic commerce and transactions.  Litigation outcomes and cost effectiveness increasingly turn on the attorney's ability to understand a client or opponent's use of technology systems in business practices, pension, tax and/or estate matters, and personal home environments.

Technology used today for communication and business information storage is increasingly recordable, and, therefor, discoverable. As the recent case law around the nation demonstrates, all communication is at risk of being subpoenaed in the process of legal discovery and, potentially, used as evidence in litigation. New discovery practices are a powerful tool for those involved in litigation who can understand the technology and apply it to the lawyer's tasks for the client.

In the sphere of digital discovery there are few guidelines established. The better your lawyers understand the issues and associated risks, the better they will be able to use traditional legal skills to find the "smoking gun" you need to win your case, fend off an adversary's improper discovery demands, and make your viewpoint clearly understandable to Judge and Jury.   Hartman & Winniki, P.C. has a uniquely experienced team of attorneys who are proficient in both traditional litigation skills and the modern skills needed to achieve results for our clients in the digital information age and the electronic evidence needed to win in court.  Please review the biographies of our attorneys at the link below and contact us for more information on digital discovery and litigation in the age of electronic evidence.

Intellectual Property Law

In addition to the intellectual property advice described above, the Firm provides traditional intellectual property law services, whether furnishing advice on trademark and copyright registrations, counseling on protecting trade secrets, litigating patent disputes, drafting non-disclosure agreements, preparing trademark and copyright assignments and licenses, and writing work-made-for-hire agreements.
 
 

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