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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 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.

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 americanbar.org.

Recent engagements

  • 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.

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

For More Information

Please contact practice chair Jeremy D. Mishkin, at 215-772-7246, or jmishkin@mmwr.com.