Lutzker & Lutzker attorneys welcome the complex challenges that result from applying traditional legal principles to the transformed – and constantly changing – business environment created by the Internet and social media. Our understanding of the exploding digital environment has put us at the forefront of addressing these unsettled issues in policy, legislative and litigation contexts as well as in everyday business transactions. The firm is prepared to use all available legal tools to combat the increasing threats and realities of cyberattacks that involve the theft of intellectual property. We help online businesses navigate data privacy regulations, including the European Union’s GDPR (General Data Protection Regulation), which became effective in 2018 and significantly increased the obligations of owners of sites which collect personal information from EU residents.
Representative Matters
- Identifying and prosecuting an anonymous hacker who penetrated a password-protected site to steal sacred copyrighted texts and successfully coordinating litigation of the matter on two continents
- Successfully defending a copyright infringement lawsuit against an online aggregator of data and images providing sales and valuation information
- Advising clients on risk reduction through special errors and omissions insurance policies designed to protect the intellectual property of web-based businesses and media professionals and new cyber-security insurance products to protect against data privacy and security breaches
- Reviewing client websites for copyright, trademark and patent issues to determine ownership and use rights; reviewing and preparing website policies that comply with GDPR, the Children’s Online Privacy Protection Act (COPPA) and other applicable laws and ensuring the use of appropriate copyright infringement and cookie notices
- Developing domain name protection strategies for clients to eliminate cybersquatting and online trademark infringement
- Creating strategies for branding opportunities in connection with personal assistant devices
- Challenging university practices of streaming educational DVDs
- Defending a client’s marketing program using contextual “pop-up” ads from claims of trademark and copyright infringement
- Defending a software company’s sale and distribution of innovative DVD backup and restoration software and the public’s fair use rights