Most businesses today -- whether traditional brick and mortar concerns or innovative web based operations -- have a website, and many have jumped into social media as well. Marketing requires a lively presence on the web.
However, in the rush to reach mobile, Internet-savvy customers, companies may inadvertently be exposing themselves to serious liability. Of course, you want to enrich the usefulness of your site or defray some of the costs by including useful information, advertisements, links, Twitter feeds, and other content or new technologies; but what works for marketing purposes may inadvertently violate one of the many relevant state, federal or international regulations.
Web site and social media “legal audits” are a practical way to cut the risk. Use them to identify and minimize the risks inherent in operating your web site and marketing through social media sites. The issues to be concerned about range from conventional trademark and copyright matters -- are you violating someone else's rights? is someone else violating yours? -- to consumer privacy rights. Our Technology and Intellectual Property attorneys are experienced in conducting web site and social media audits. We can help you identify and minimize the risks by:
- Preparing and implementing general terms and conditions of use for your web site
- Designing and implementing custom privacy policies
- Evaluating potential jurisdictional concerns
- Complying with federal and state regulations governing electronic commerce
- Assessing proper placement and use of trademark and copyright notices and generally protecting intellectual property rights
- Determining proper placement and use of links to other websites, as well as disclaimers in connection with such links
- Drafting product warranties and disclaimers
- Clearing and qualifying sweepstakes, lotteries and other games
- Addressing relevant human resource and employment law concerns
- Complying with federal and state securities laws
- Complying with international regulations and initiatives in connection with emerging consumer information privacy laws