E-Commerce, Social Media and Web-Based Businesses

Montgomery McCracken represents companies and people involved in web-based businesses, social media and e-commerce.  We provide counsel on the new legal issues that the Internet presents and are fully prepared to pursue or defend litigation.

We counsel our clients regarding:  

  • intellectual property rights
  • domain-name disputes
  • free speech and defamation
  • linking and access questions
  • privacy issues
  • false advertising
  • trade libel
  • drafting effective Terms of Use/”clickwrap”
  • privacy policies

We also counsel our clients on preventive measures that can head off more costly disputes later.  For instance, we have developed “Your Website – Nine Key Questions ” to help the client evaluate its own e-commerce and technology platform.

Representative clients include:

  • website developers
  • businesses with domain name issues
  • software publishers protecting their intellectual property
  • new media encountering First Amendment and privacy issues
  • start-up companies
  • national e-commerce entities
  • nonprofit organizations

We frequently teach and regularly publish about cutting-edge issues in these areas.  We also actively participate in organizations committed to studying and improving practices.  For an example, see

Representative engagements and activities include:

  • domain name dispute for a major company whose competitor had registered confusingly similar URLs;
  • counseling companies on potential defamation claims arising from online communications; and
  • representation of companies victimized by anonymous “cybersmears”–online messages posted using pseudonyms that defamed a company and executives. We succeeded in identifying the real authors and stopping them.
For More Information

Please contact practice chair Jeremy D. Mishkin, at 215-772-7246, or