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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 we are fully prepared to pursue or defend litigation in these areas.


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

We regularly advise our clients on preventive measures they can implement 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.

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.

Recent engagements

  • Successfully defended defamation lawsuit for a major online media defendant
  • Resolving a domain name dispute for a major company whose competitor had registered confusingly similar URLs.
  • Counseling companies on privacy regulations regarding data gathering, handling, processing and storage.
  • 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.

Representative clients

  • 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