Internet & E-Commerce

Nearly every business today operates on the Internet. Whether a company is entirely or partially web-based, BHH navigates the launch and growth of an online presence. 

For start-ups, we counsel on domain name clearance, review of website development and hosting agreements, creation of terms of use and privacy policies, and negotiation of back-end vendor agreements in the complex Internet advertising and marketing arena. 

For established businesses, we stay abreast of legal developments in privacy and data security so clients can navigate risk and opportunity in the world of e-commerce. Given our extensive work with publishers, we help content providers protect themselves from the risk associated with third-party content on their sites. With the rise of cloud-based service providers, we also guide clients on entering software-as-a-service (SAAS) agreements.

Our Internet and e-commerce experience includes:

• Resolving domain name disputes and negotiated domain name transfer agreements
• Drafting “click-wrap” and “browse wrap” agreements for e-commerce sites
• Advising businesses on lawful data scraping practices
• Creating co-branding and joint marketing agreements 
• Litigating and negotiating resolutions of website accessibility claims under the Americans with Disabilities Act
• Counseling clients on responding to notice and takedown requests under the Digital Millennium Copyright Act
• Assessing risk of liability for third-party content under the Communications Decency Act
• Facilitating best-practice protocols for email and text marketing under the CAN-SPAM and Telephone Consumer Protection Acts (TCPA)