E-Commerce

Advances in technology continue to alter how the world does business. Cloud services, Software-as-a-service (SaaS), metered software, outsourcing, social media, Web 2.0 and mobile technologies are altering the business landscape every day and the law is adapting to embrace these technologies. Benesch’s attorneys possess not only depth of experience and expertise in various disciplines that affect these technologies, but our attorneys also have the diverse technical backgrounds to fully understand these technologies and how they are affected by existing and developing laws. Our practice includes counseling, litigation, and transactional work with service providers, vendors and customers in the licensing, protection and procurement of IT assets, services and infrastructure. We also regularly assist clients in the marketing and sale of their goods and services via the Internet, advising regarding E-Commerce and privacy issues.

We offer advice and assistance in connection with:

  • Software licensing agreements, including enterprise resource planning (ERP) software, application software, virtualization technology
  • ASP/SaaS and “cloud computing” agreements
  • Outsourcing (ITO, BPO) agreements
  • Data processing agreements
  • IT professional services and consulting engagements, including non-disclosure agreements, non-competition agreement, non-solicitation agreements, professional services agreements, support services agreements, service-level agreements (SLA), software development agreements, source-code escrow agreements, license agreements, maintenance and support agreements
  • Due diligence and assistance related to the transfer of IT assets and intellectual property in connection with corporate transactions
  • Co-marketing agreements, referral agreements, strategic alliance agreements, distribution agreements, manufacturing agreements, sales agreements, invention agreements
  • E-Commerce services, acceptable use policies, web site terms of use, click-through agreements, PCI-DSS compliance and card processing agreements
  • Privacy issues, including drafting of privacy policies, advice regarding the handling of personally-identifiable information and responding to security breaches
  • Securing and protecting domain names, including dealing with cybersquatters
  • On-line advertising, promotions and sweepstakes, including behavioral advertising, measured marketing, social media contests and sweepstakes and mobile promotions
  • Employer policies such as internet use, mobile device, and social media policies
  • Patent, copyright and trademark preparation and prosecution
  • Anti-counterfeiting strategies and enforcement
  • Litigation, including both enforcement and defense (U.S. and multinational)