Internet, Technology & Privacy Law
Lawyers at Bowie & Jensen have negotiated and constructed deals of every nature from prior to the commercialization of the Internet (approximately 1995) through the “boom” (1999-2001), and right through the bust period to the somewhat more normalized period of Internet society in which we currently live.
As a result, we have seen everything from no cash stock deals of pre-IPO 2000 for every nature of service to the reverse where no one wants any stock options; we have worked on “web” agreements when the web was just a baby (we remember things like 300 baud modems, Kermit and Z-modem protocol, “bulletin boards” Gopher and Veronica searches and other primordial technologies).
We negotiated hosted/application service deals with service level agreements when the bandwidth and security technology was at its infancy. After practicing in this nascent area since its inception over the last 15 years, we have negotiated nearly every type of Internet or web based agreement known to the industry – from SaaS (Software-as-a-Service) agreements, to teaming, reseller, content use agreement, information sharing agreements, domain transfer and licensing/leasing, web advertising, and all other types of agreements between Web 2.0 companies and traditional brick and mortar.
- E-commerce law (at its inception)
- Domain name disputes
- Domain leases and transfers
- All aspects of traditional intellectual property law
- Internet advertising and related legal issues
We have a wide range of knowledge and experience in all privacy areas – Health Insurance Portability and Accountability Act (HIPAA), Gramm-Leach-Bliley (GLB), Child Online Protection Act (COPA), State Data Protection Statutes, the Electronic Communications Privacy Act (ECPA), Computer Fraud and Abuse Act (CFAA), and related statutory and regulatory provisions.
We have negotiated, reviewed or structured hundreds of online services, from traditional software licensing to SaaS, to more current social networking sites. We have assisted clients in analysis of risk in privacy contexts, data breach and breach notification, forensic document protection, and similar obstacle course style issues clients regularly face.
- Regularly negotiate and draft Business Associate Agreements, both from the BA and the Covered Entity perspective (we are counsel to numerous covered entities as well as BA's)
- Draft privacy policies for Websites, from static marketing sites to full blown social networking sites
- We have negotiated and drafted numerous service agreements that include highly sensitive information, such as bank account, EFT, ACH and other GLB type data
- We regularly advise clients on encryption issues to comply with Data Protection statutes