E-Commerce/Internet

The Steptoe & Johnson LLP eTeam is a leading international technology legal group representing information technology, electronic commerce, financial services, telecommunications, and other technology-intensive companies on cutting-edge legal issues. 

With an integrated team based in our Washington, DC, New York, London and Brussels offices, we bring to bear critical technology, regulatory, corporate, and litigation experience with tax, anti-trust, and other capabilities, to ensure efficient, cost-effective representation.  The specific experience of the eTeam includes:

General Internet Regulation

  • Data Protection / Privacy: US Gramm-Leach Bliley Act, Health Insurance Portability and Accountability Act, Children’s Online Privacy Protection Act and CAN-SPAM Act; EU Data Protection and Privacy and Electronic Communications Directives (including EU-US Safe Harbor); identity theft
  • Content: Copyrighted content (music, video, etc.) regulation and liability; US Digital Millennium Copyright Act; child pornography regulation
  • Trade Regulation: US and European state and national regulation of Internet business practices (including by US Federal Trade Commission); consumer rights
  • Internet Gambling: regulation; payment mechanisms; financing
  • Monitoring: continual monitoring of e-commerce law developments in United States, European Union, and elsewhere; publication of Electronic Commerce Law Week since 1998

Law Enforcement and Related Regulation

  • US Communications Assistance for Law Enforcement Act (CALEA): Federal Communications Commission regulation; negotiations with Federal Bureau of Investigation, Justice Department and other agencies; application to emerging technologies, including VoIP telephony and broadband services; various other compliance issues
  • Law Enforcement Orders and Requests: US Title III, Electronic Communications Privacy Act and USA PATRIOT Act; UK Regulation of Investigatory Powers Act; subpoenas; co-operation with law enforcement; establishment of internal procedures for handling surveillance requests; counseling on compliance with court orders
  • EU Data Retention: EU Data Retention Directive; EU member state legislation; interaction with data protection law
  • Computer Crime: security breach issues; US Computer Fraud and Abuse Act

Information Security

  • Encryption: global regulation of export, import and use of encryption, including by the United States, China, France, Russia and other countries; formulation of global distribution strategies for providers of encryption software and hardware; advice to financial services companies on use of cryptography for financial applications
  • Encryption Guide: Country-by-Country Guide to Encryption Regulations, providing regularly updated reports on encryption export, import and use regulation in approximately 130 countries
  • Public Key Infrastructure (PKI): advising PKI users on implementation in various industries, including financial services, healthcare, and oil and gas; advising vendors of PKI solutions
  • Security Breaches: compliance and liability issues associated with security breaches and possible resulting identity theft; compliance with US federal and state laws and regulations on information security standards (including for financial services) and notification of breaches to consumers

Transactions and Agreements

  • Mergers & Acquisitions: public and private company transactions; fundraising and other financing transactions 
  • Outsourcing: deal structuring, employee issues and contract negotiation for common transactions (e.g. computer systems/support) and specialized transactions; risk management; contract re-negotiation, dispute resolution and exit strategies
  • Internet Terms & Conditions: website terms of use; privacy policies; compliance with US and EU legal obligations
  • Software Licensing: licenses for patented and unpatented technologies; technology transfers; end-user license agreements; distribution agreements
  • Services & Equipment: broad range of agreements for IT and telecommunications services and infrastructure

Transborder Issues

  • Jurisdictional Conflicts: conflicting obligations in different jurisdictions applying to the same conduct; differing rules on restricted content; conflicts between US Sarbanes-Oxley Act and EU data protection law; impact of USA PATRIOT Act on Canada-US cross-border matters
  • Committee on Foreign Investment in the US (CFIUS): assistance to US and foreign clients with review of foreign investments in the US by CFIUS, pursuant to the Exon-Florio Amendment; notification requirements; dealings with CFIUS and individual government agencies involved in CFIUS process
  • Taxation: taxation and tax structuring issues associated with international technology businesses
  • International Negotiations: participation in international discussions and negotiations affecting electronic commerce, including WTO services negotiations, Council of Europe Cybercrime Treaty, various UNCITRAL instruments, and others

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