Privacy, Digital Media, and Technology Licensing

For companies doing business online, legal issues relating to digital media, technology, and privacy are often core business concerns. In the field of online advertising, for example, where interactive ads, mobile apps, and social networks offer opportunities for unprecedented scale and user engagement, companies must use technology to obtain their business objectives while ensuring the proper collection and use of consumer information. Online businesses must also protect their digital assets and minimize their risks in an interconnected environment where legal and regulatory liability can arise from a variety of sources.

To help our clients achieve these goals, Wittliff Cutter frequently drafts and negotiates software licenses, mobile app and video game development agreements, content licensing and distribution agreements, hosting/co-location agreements, data center management service agreements, web development agreements, End User License Agreements (EULAs), Acceptable Use Policies (AUPs), community guidelines, mobile and desktop privacy policies, website Terms of Use (ToU), DMCA policies, program membership agreements, data security policies, and security breach notification plans. Wittliff Cutter also helps companies conduct privacy audits, website risk assessments, US-EU Privacy Shield certification, and mobile app review for regulatory compliance purposes.

Technology Litigation

We understand the unique challenges associated with technology-related disputes, whether they involve threats to your intellectual property, your online reputation, or the security of your digital assets. At Wittliff Cutter, our goal is to prepare effective and cost-efficient strategies for handling these kinds of disputes. Our partners work closely with you to determine your objectives and your specific business needs. Whether you are pursuing “bet-the-company” litigation or early and efficient settlement, we are here to help you achieve your goals. 

Learn more about these specific practice areas:

Advertising, Marketing and Promotions

Providing effective counsel in the area of advertising, marketing, and promotions law requires a careful balancing of companies’ business requirements against regulatory concerns. Our depth of experience, and our active involvement in the digital marketing community, enables us to provide clients with comprehensive legal advice in these areas.

Specifically, Wittliff Cutter helps its clients draft and negotiate network advertising agreements, insertion orders, agency/client agreements, content licensing agreements, sponsorship agreements, official contest rules and terms and conditions, SEO agreements, publisher and advertiser agreements, list management and other data management agreements, linking agreements, co-registration marketing agreements, and fantasy sports contest rules.

We also advise clients on legal issues relating to ad networks and exchanges, demand-side platforms (DSPs), supply-side platforms (SSPs), real-time bidding (RTB) platforms, Internet and affiliate marketing, viral marketing, native advertising, electronic billing, credit, and billing practices, sweepstakes, contests, coupons and continuity programs, consumer subscription services, mobile marketing, virtual currency, social media marketing, use of testimonials and endorsements in advertising, online advertising campaigns (CPA, CPC, CPM, CPL), mobile applications, online lead generation, online behavioral advertising (OBA), search engine marketing (SEM), data collection and use, third-party ad serving. Wittliff Cutter also provides more traditional advertising law services, conducting advertising copy review and clearance, product claim support and substantiation, comparative claims review, and advertising and marketing compliance audits.

Data Protection and Information Security

Cyber attacks from every corner of the globe are being launched every second of every day. These attacks target a company’s most sensitive information and can cause companies to run afoul of laws and regulations designed to protect sensitive information. In this environment, companies of all sizes need experienced counsel to help them develop privacy and security policies and incident response plans that can keep pace with developing industry standards and minimize legal exposure in the wake of a security breach.

Wittliff Cutter helps clients handle the complex process of responding to data breaches, with a focus on mitigating business disruption and avoiding the many legal pitfalls in this area. We pride ourselves on being able to help our clients quickly and thoroughly assess the extent of a potential problem and guide them through the steps needed to comply with the myriad state and federal data breach laws. We also advise on breach notification procedures, and assist with information security due diligence in connection with corporate acquisitions, mergers, and equity investments.

Trademark and Copyright Registration

Trademarks and copyrights are critical assets in today’s business environment. Wittliff Cutter regularly counsels clients on the selection, adoption, and registration of trademarks as well as registration, licensing, policing, and enforcement of copyrights.