Internet and Technology

FVLD attorneys have a wide range of experience assisting companies and individuals with cyber, technology and Internet law issues.  Whether your company uses technology in everything it does or just has a website, we can assist with any issue.

Policies – FVLD attorneys have drafted and audited numerous internal and external policies relating to company and employee use of technology including: website terms of use and privacy policies, technology use policies, written information security policies, breach response policies, social media policies, and third-party access policies.  Some sample engagements include:

• Created website policies, terms of use and safeguards for a website enabling communications between patients, doctors and pharmacists relating to prescriptions.
• Assisted an accounting firm in developing policies for third-party access to its systems.
• Drafted a social media policy for a specialty medical practice regarding its use of, and responses to comments on, social media.

• Provided a comprehensive website audit and developed terms of use and privacy policies for a brick-and-mortar company implementing an e-commerce initiative for all of its service offerings.

Agreements – Our attorneys have assisted companies with technology issues in acquisitions, sales, vendor agreements, software development agreements, and licensing.  Whether the issues involve information, technology assets, or websites, we combine our experience in the brick and mortar world with our experience in technology to make sure our clients get the benefits of their bargain. Some examples include:

• Represented a client in the negotiation of a software development agreement for proprietary, complex, financial compliance software.
• Prepared and assisted in the negotiation of terms for comprehensive software development agreements for a client expanding its Internet initiatives, which involved coordinating several business partners, the software developer, website developer, database designers with the in-house IT staff to satisfy multiple divisions of the company. The multi-million dollar projects also included negotiating joint venture and traditional outsourcing agreements.
• Assisted a client in obtaining angel funding for a new Internet-based, e-learning software product and related partnering agreements for its development and hosting.
• Worked with a client purchasing licenses for enterprise management and CRM software and negotiating the implementation contracts. We were able to save the client over $150,000 in unnecessary costs identified through our proactive approach.
• Developed a comprehensive agreement for a client for the design of websites for Fortune 500 companies that enabled an expedited negotiating process between business professionals without further “legal” review.

Data Breach – When a data breach occurs, FVLD can help coordinate your company’s response and the various third parties that need to be involved.  From investigation, notification, insurance, and even litigation, we work with you every step of the way.

• Led a retailer’s response dealing with a data breach that had been ongoing for over 6 months resulting in the loss of credit card information and impacting people in all 50 states.
• Assisted a financial services company in determining whether an error in a mailing constituted a data breach under various state laws, proper response thereto, and measures to prevent similar situations in the future.
• Conducted numerous presentations on ways for small and mid-sized businesses to protect against and deal with data breaches.

Litigation – We pride ourselves at being able to think creatively when litigating regarding technology issues.  We have been involved in a number of cutting edge cases that turn on applying existing law to new technology. Some examples include:

• Successfully defended a business and its principal when they were sued for defamation relating to a tweet.
• Successfully represented a company suing its former web designer for disabling the company’s website and holding it for ransom.
• Successfully resolved a matter resulting in the transfer of 6 cybersquatting websites from a client’s competitor plus payment of certain attorneys’ fees.
• Obtained an order requiring a former marketing contractor to transfer Twitter and other social media accounts to the company.
• Defended a blogger in a defamation case and obtained dismissal under the Communications Decency Act.
• Obtained a significant judgment against a California hardware and software development company that had sold a defective property management system for a large Chicago hotel after all efforts at settling the matter were exhausted.
• Obtained a temporary restraining order to prevent online defamation and “cybersquatting” of a major Chicago newspaper’s website.
• Represented a service provider in response to numerous governmental and private requests for third-party user information.

Additionally, FVLD attorneys have worked with clients on best practices for electronic discovery preparedness and response, performing corporate work for technology start-ups, and making numerous presentations regarding discreet issues in cyber, technology and Internet law.