ZwillGen

We help companies create end-user policies, including Terms of Service, Privacy Policies, and End User License Agreements (EULAs) that are consistent with state, federal, and international privacy regulations that help mitigate the risk of doing business online.

To protect against online abuses such as fraud, phishing, and spam we help companies develop acceptable use policies, design enforcement strategies, and conduct internal and external investigations.

We defend some of the nation’s largest media and internet companies against class actions resulting from use or disclosure of user data brought under a variety of state and federal statutes, including ECPA, CFAA, VPPA, and similar state claims.

We work with online and offline data companies, ad exchanges, ad platforms, and other third parties to ensure compliance with privacy and consumer protection laws, self-regulatory guidelines, Privacy Shield principles, and COPPA.

We provide counseling on the technical, administrative, and physical safeguards for information security and data protection as required by federal and state laws. We also work with corporations to develop effective security policies and incident response plans.

We advise on child online safety issues and regulations, including COPPA compliance, NCMEC reporting, cyber bullying, and emergency disclosures.

We advise companies on the risks involved in moving data to the cloud, negotiate cloud contracts, and advise cloud providers on product design and compliance issues.

We negotiate data licenses, technology transactions, software licenses, cloud computing agreements, intellectual property licenses, vendor agreements, and other contracts.

We counsel on issues related to apps, gaming, gambling, and fantasy sports as well as traditional videogames and MMORPGs, by assisting in compliance with laws related to games of skill, chance, and fantasy sports.

We work with corporations who have suffered security breaches, managing the incident response, conducting internal investigations, and complying with security breach notification laws.

We conduct intellectual property audits of client websites and online business, advise clients in litigation involving the Copyright Act, and disputes arising under the Digital Millennium Copyright Act (DMCA).

For clients that are overburdened with responding to legal process, we offer outsource compliance services that range from full implementation and execution to training in-house employees and develop ECPA matrices.

Internet providers turn to us for guidance on their rights and responsibilities in responding to requests for subscriber information by law enforcement, criminal defendants, and civil litigants, and engage us to challenge such requests.

We guide clients through FTC and State AG investigations -- responding to CIDs and access letters, discussing and addressing Commission staff concerns, negotiating settlements, and when necessary, litigating cases.

We guide companies through the legal issues related to buying, analyzing and distributing data from alternative sources, which may include web scraping, aggregated and anonymized financial data, and even geo-spatial or drone data.

We advise financial institutions, hedgefunds, and service providers on legal issues related to account aggregation, web scraping, blockchain, crypto currency, prediction markets, and use of alternative financial data for industry analysis and trading decisions.