e-Business Toolkit
DOING BUSINESS ON THE WEB? OUR PRACTICAL TOOLKIT MAY HELP
McDermott Will & Emery’s E-business Group can advise you on all aspects of your online activity. We can tailor our E-business Toolkit to provide your business with practical guidance on some or all of the following:
Brand and Domain Name Strategy
What domains do you need?
Dealing with squatters or domain disputes
Company name issues
Trademark clearance
Website Creation Issues
Where should it be hosted/located?
Ownership or licensing of website and materials it comprises
Ownership of intellectual property rights (i.e., copyrights and database rights)
Necessary consents, licenses and rights clearances
Compliant search engine optimization issues
Patent infringement problems with certain online processes
Sales Issues
Sales issues in different jurisdictions (i.e., EU distance selling regulations)
Business 2 Business or Business 2 Customer?
EU E-Commerce Directive
Jurisdiction/Governing Law
Which country’s law applies?
Where can you be sued?
Will your terms and conditions be enforceable in other jurisdictions?
Advertising/Online Promotions
Relevant legislation and codes of practice in the United States and Europe
Special rules (i.e, pharmaceuticals, alcohol, tobacco and children )
Promotions (i.e, German restrictions)
U.S. Federal Trade Commission issues governing unfair, deceptive or misleading business practices, including advertising, privacy, warranty disclosures and other marketing practices
Content Liability
Content issues in different jurisdictions (i.e., defamation and obscenity issues)
Accessing websites (i.e., Yahoo! case)
Hypertext links and metatags problems
Industry Specific Regulations
Issues concerned with specific business and industry sectors (i.e., health care, pharmaceuticals, financial services and insurance)
Tax
Where will you be taxed?
What are the import duty, VAT and income/corporation tax, sales and use, risks and opportunities?
Competition Issues
Issues relating to anti-competitive websites/policies
Price fixing
Distribution arrangements
Antitrust and regulatory concerns, including unfair methods of competition, price discrimination, buying or being bought by competitor, joint venture analysis, tying arrangements or other agreements with competitors
Online Contracting
Contract formation in different jurisdictions
Which countries are problematic?
When is an online contract formed?
Incorporation of terms and conditions. Is the click-wrap enforceable in your markets?
Patent Protection
Can you patent your software/business method?
Patent strategy
Insurance
Are your cyber risks covered by your general liability insurance?
Is your e-commerce insurance sufficient?
Are your information technology arrangements compliant with your insurance requirements?
Security Issues
Consider network security audit and how to manage the process to maintain privilege
Data Protection Issues
Collection, holding and processing of personal data and sensitive personal data in Europe
Data transfer to non-EU countries (issues include safe harbor and model clauses)
Contacts
- Jorge R. Arciniega
+1 310 551 9306
Send E-mail - Melise R. Blakeslee
+1 202 756 8362
Send E-mail
