Areas of Practice
We write, review, negotiate, read, re-read and re-review and (yes) sometimes re-write contracts of all ages and all stripes. We’ve structured partnerships and other ventures between media clients and technology partners, including license agreements, business outsourcing, events partnerships, co-marketing agreements, content co-production agreements, hosting agreements, reseller arrangements, technology development agreements, and more.
LICENSING AND TECHNOLOGY
Maintaining the integrity of your public image is an inseparable part of your business, whether you’re a creative individual or a small company. Protecting your privacy and your public image from slander and libel is only one side of the coin; negotiating sponsorships, public appearances, and endorsements is the other. Our firm advises on both, offering litigation and dispute resolution, defamation (pre and post publication), and other image protection mechanisms—all so you can amplify and control the way you want the world to see you.
We help people and businesses structure companies, partnership arrangements, incentive ownership plans. We’ve advised clients on creating structures for tax-free asset transfers into operating companies, and separating intellectual property assets out of operating and investment corporate structures.
PRIVACY AND DATA SECURITY
We help businesses comply with privacy and data security requirements under US and EU data privacy laws, in particular FTC and “Baby FTC” regulations and the EU Data Directive. We’ve helped businesses work through the complexities of contract requirements for data privacy and data security with business partners, vendors and customers. We’ve guided our clients through self-certification under the EU-US “Privacy Shield” (and previously “Safe Harbor”) programs. We’ve reviewed privacy policies and practices, and advised new media clients on privacy issues arising from user-generated content and compliance with state laws and federal laws such as the Communications Decency Act.
We help businesses finance their growth and their operations. We’ve helped many clients negotiate their working capital credit facilities, including collateralizing advertising receivables, borrowing base and reserves, collections issues and security documents. We’ve representing private companies in negotiations with venture capital and private equity, including angel and “Series A” offerings, middle market “bridge” financings, and advising private clients on securities compliance in raising investor equity including compliance with state investor protection laws and SEC requirements.
We help companies with trademark strategy and registration process involving multiple business lines and brands, including media companies, brand marketing firms, and technology developers. We’ve structured asset transfers of media trademarks and related assets, and negotiated non-litigatory resolution of trademark and other intellectual property rights disputes, including cyber squatting, similarity of “look and feel,” and misappropriation of trademarks and copyrighted content.