Nonconsensual Pornography & Revenge Porn


Kronenberger Rosenfeld can help you with your nonconsensual pornography distribution or revenge porn case.

Nonconsensual pornography distribution can take many forms, but at its core it involves a person sharing with third parties a nude photo of a victim without the consent of the victim. The person sharing, distributing, or publishing the nude photograph may be an ex-boyfriend/girlfriend, ex-spouse, or an employee of a company that wrongfully accessed an account, drive, or other location where the victim's nude photo was stored. The sharing can occur over the internet, through mobile apps, or by sharing a non-digital photograph.

Revenge porn cases have been a significant part of our practice for years.

The motive of the person sharing the nude photos can be to take revenge against the victim (which is the basis for the common phrase, "revenge porn"), for financial gain, to swap with others, or for other reasons that may or may not have anything to do with the victim.

More importantly, the consequences can be devastating and life-altering. Nonconsensual pornography distribution involves a breach of  privacy of the highest magnitude, and it can negatively affect family and professional relationships forever. While legal damages resulting from nonconsensual pornography distribution may be difficult to quantify, the years of emotional distress and harm to employment can easily lead to damages in the seven figures.

Kronenberger Rosenfeld represents victims of nonconsensual pornography distribution and revenge porn by suing those responsible for the distribution of the victims' nude photographs or video. In fact, in 2014 the firm obtained the first civil revenge porn jury verdict in the State of California. Following that verdict, firm founder Karl Kronenberger testified in front of the California Assembly's Judiciary Committee in support of a revenge porn civil statute (AB 2643), which is now law in California. The firm continues to represent victims of nonconsensual pornography distribution, in California and across the country, and Karl Kronenberger was named to the Cyber Law and Business Report's "Hero's List" for his work representing victims of revenge porn.

If you are a victim of nonconsensual pornography distribution, or revenge porn, contact our firm at ((415) 955-1155, ext. 120, or submit your matter using our online case submission form.


REPRESENTATIVE EXPERIENCE




ADA Website Compliance


Traditionally, the regulations of the Americans with Disabilities Act (ADA) were restricted to physical businesses open to the public. Today, that’s no longer the case. The ADA was passed in 1990 to increase the ease with which people with disabilities could access and enjoy business spaces. However, many businesses don’t realize that their websites are also subject to those standards. With the growth of the Internet and business websites, ADA lawsuits against corporate websites have ballooned. While the ADA does not afford monetary damages to private parties bringing such a lawsuit, it does provide for a “reasonable” attorney’s fee, which can be astronomical.

Plaintiffs claim that business websites are “places of public accommodation” and are therefore subjected to the ADA. They file lawsuits on the basis that these websites are not accessible to those with disabilities, such as the blind or hearing impaired. However, that consensus hasn’t been reached in the courts. The Department of Justice, who is responsible for issuing such guidelines, has pushed back releasing the regulations until 2018.

Kronenberger Rosenfeld navigates businesses through these vague laws by:

Businesses should not allow themselves to be taken advantage of by career plaintiffs looking for an easy target. Kronenberger Rosenfeld has more than ten years of experience defending companies in Internet-related lawsuits, and can help you and your business in dealing with any individual or class action lawsuits relating to ADA compliance.

To learn more about ADA website compliance defense, we welcome you to contact us through our online case submission form or call us at 415-955-1155, ext. 120.





Amazon Seller Webinar


This webinar covers a multitude of legal issues that Amazon Sellers face, including issues for startup Amazon sellers, and those Amazon sellers generating seven figures per month.

 

Here are the slides for the presentation:

Calling All Amazon Sellers – Learn How to Protect Yourself and Your Business from KRLaw




Motions to Quash


Coming soon





Discovery on U.S. Companies, Based on Foreign Lawsuits


Kronenberger Rosenfeld regularly serves discovery in California based on lawsuits pending in foreign courts.

Silicon Valley is the hub of the world’s technology industry, as well as home to Google, Facebook, Yahoo!, Twitter, and many other Internet and social media companies. So naturally in litigation filed internationally, parties often seek information, documents and data from Silicon Valley companies for use in their international litigation.

For international litigation, foreign litigants may use a federal discovery statute, 28 U.S.C. § 1782, to gain access to information located in the United States.  The statute is labeled, “Assistance to Foreign and International Tribunals and to Litigants before such Tribunals.”  That statute allows a party involved in a foreign proceeding to petition a federal court for a subpoena for information or the testimony of witnesses located in the court’s district. As the federal court covering the Bay Area, the U.S. District Court for the Northern District of California sees a constant stream of requests for subpoenas to web hosting services, web-based email services, and social networking services.

The statute provides some protection for evidence that is privileged, and also allows the federal court to implement procedures and protections that would be applicable in the courts of the jurisdiction where the proceeding is pending. However, in practice, those discretionary protections are not usually applied by the local courts. Instead, foreign litigants are typically granted a wide degree of latitude in seeking and obtaining information hosted locally, notwithstanding the fact that the laws and procedures of their own courts would not have allowed access to the information.

Whether you’re looking to use 28 U.S.C. § 1782 to get documents for a foreign case, or you’re trying to keep your own information out of the hands of an overseas litigant, it is essential that you retain counsel familiar with the tools available under U.S. and foreign law to protect your interests. As leaders in the Internet and technology-related litigation arena, Kronenberger Rosenfeld, LLP is uniquely prepared to provide you with the best possible representation in this arena. The firm has handled these international discovery issues under 28 U.S.C. § 1782 in the past, at both the trial court and appellate level, and we’d be happy to bring that experience to bear for you.

For more information about how Kronenberger Rosenfeld can assist you with 28 U.S.C. § 1782 or other international discovery matters, call us at 415-955-1155, ext. 120, or you can submit your case through our online case submission form





Silicon Valley Subpoenas


Coming soon





Startups


Starting a company is exciting, but fraught with many choices.

Should you form an LLC or a corporation? California or Delaware? Kronenberger Rosenfeld attorneys give entrepreneurs pragmatic advice to help them navigate these questions, and guide them throughout the process. The end result: a solid foundation for building a successful startup.

FINANCING

Whether you’re just beginning to think about raising money or you’ve just received a term sheet, experienced counsel is key to a successful startup financing. Our attorneys will help you:

IP PORTFOLIO STRATEGY AND PROTECTION

Kronenberger Rosenfeld assists our startup clients in developing, registering, and enforcing their unique intellectual property rights. We work with you to:

OPEN SOURCE LICENSING AND COMPLIANCE

Open source is more important than ever in software, and today almost all technology startups leverage the work of open source communities. Understanding the license terms of the components your team incorporates into your software is essential. Not doing so can mean costly remediation efforts or, in the worst-case scenario, litigation. We help startups identify and minimize licensing risks proactively, ensure compliance, analyze existing codebases, publish projects as open source, and commercialize open source offerings.

COMPLIANCE: ADVERTISING, SPAM, TELEMARKETING, AND OTHER REGULATIONS

We routinely ensure that clients stay compliant with the latest rules and guidelines from the Federal Trade Commission and other regulators. For example, we assist our clients in:

WEBSITE AND APP AGREEMENTS

Startups’ websites must have well-drafted agreements—specifically, the Terms and Conditions and the Privacy Policy. This is just as important for mobile apps, as recent enforcement efforts by the California Attorney General and other regulators have shown. Kronenberger Rosenfeld tailors these agreements to each business, taking care to assess risks and create agreements to give every client the best protection.

SAAS AGREEMENTS

As data and software move away from on-premises deployments and into the cloud, software-as-a-service agreements (SaaS agreement) and service level agreements (SLAs) setting uptime expectations and guarantees have become very important. Many government and enterprise customers will demand robust SLAs, and it is critically important to understand the responsibilities under these documents. We draft and negotiate favorable SaaS agreements and SLAs for your company.

DATA PRIVACY AND SECURITY

User privacy and company information should always be at the forefront of startup executives’ thinking. Our attorneys are skilled at dealing with the aftermath of a data breach. Several state laws—especially California—impose strict requirements on notifying users if their personal information has been disclosed. In addition, we have litigated cases under the Computer Fraud and Abuse Act and related laws, and have used the discovery process to help uncover anonymous hackers.

From beginning to end, Kronenberger Rosenfeld guides entrepreneurs through all legal aspects of creating a thriving startup company. Regardless of what stage your startup company is in, call our attorneys today, we carry the technical know-how and the legal expertise to help you build a solid foundation for business’ future.

To learn more about our services for business startups, we welcome you to contact us through our online case submission form or call us at 415-955-1155, ext. 120.





Local Counsel for Domesticating Out-of-State Subpoenas in California


We can help you serve your out-of-state subpoenas in California.

If litigants in state court lawsuits filed outside of California desire to serve document subpoenas, or deposition subpoenas, on companies or individuals in California, the litigants must comply with California law.  The Uniform Interstate Depositions and Discovery Act was created in 2007 as a model statute, and since then it has been adopted by over thirty U.S. states.  California adopted the statute in January 2010, and the California version of the model act is found at Cal. Civ. Proc. Code § 2029.100, et al., entitled the Interstate and International Depositions and Discovery Act.  Under this California statute, out of state counsel engaged in state court litigation outside of California do not need to open up a case in any California court, or file anything with any California court; instead, the out of state counsel need only retain California counsel and provide their California counsel with a copy of a valid out of state subpoena.  Cal. Civ. Proc. Code § 2029.350.  Thereafter, California counsel may issue a California subpoena merely by serving a California subpoena form, along with the out of state subpoena, on the California subpoena recipient.

Kronenberger Rosenfeld routinely serves as California counsel for out of state litigants, for the purpose of serving and enforcing state court subpoenas in California.  In particular, our firm has served and, when needed, enforced subpoenas on Google, Facebook, Yahoo, PayPal, Glassdoor, Twitter, and many other technology companies in California.  Our firm can act quickly with minimal expense to get your out-of-state subpoena served and enforced in California.

To discuss your need to serve a subpoena on a California company, call Kronenberger Rosenfeld at 415-955-1155, ext. 120, or submit your matter to us now using our online case submission form.





Open Source Licensing


Technical Background is Essential for Attorneys Advising on Open Source Software Licensing

Open source touches almost every piece of software today, but understanding all the licenses and the obligations they impose is a complex task. Experienced attorneys are essential to a company's open source compliance and planning.

"Our combination of legal expertise and technical experience is what sets us apart when counseling on Open Source projects."

Our team engages in open source conflict analysis and compliance audits.  When risks are identified, we can provide a variety of risk minimization and remediation strategies for the client.

Black Duck Legal Specialist CertificationSometimes, during the diligence phase of an acquisition, a sophisticated purchaser will require an audit of a company's software to understand how much Open Source—and, more importantly, what kind of Open Source—is in the target company's code base. This is no easy task.  Kronenberger Rosenfeld attorney Ansel Halliburton is trained as a Black Duck Legal Specialist, and can both help manage the Open Source audit process and interpret its results.

Companies also sometimes wish to publish their own projects as open source. There can be many reasons for this, including developer relations, trust and security, and interoperability. We understand these motivations, and can help companies select an appropriate license for projects they wish to open source.

Engineering Background

Ansel worked as a software engineer before law school, and has been contributing to open source projects for more than a decade. He contributed the Mechanical Turk module to Boto, the reference implementation of Amazon Web Services for Python.  His own code is on GitHub.

To discuss your open source software matter, call Kronenberger Rosenfeld at 415-955-1155, ext. 120, or submit your matter to us now using our online case submission form.





IP and Content Licensing


Carefully Drafted Internet Content Licenses Are Key to Maximizing Revenues and Limiting Liability

Whether you create content or distribute content created by others, you are a party to a content license. Knowing what that license should and should not say can be the difference between profits on the one hand, and losses and legal liability on the other. Kronenberger Rosenfeld has the experience to negotiate the content license that is right for your business.

Well-drafted Internet content licenses not only protect your businesses but help maximize your profits.

The key provision of any content license is the grant of rights. If you are a content owner, Kronenberger Rosenfeld can help maximize the value of your assets by negotiating content licenses that grant only those rights that you are paid for. If you license content from others, we can help make sure you receive all the rights that your Internet or wireless business needs.

Kronenberger Rosenfeld can also help you assess the risk of content transactions and to avoid unnecessary web content distribution-related disputes. Even in areas where the potential for disputes is high, such as end-user created content, we can help craft protections that let you take advantage of legal safe harbors and that otherwise maximize your chances of avoiding liability.

Whether you are negotiating with an online record label or a wireless content distributor, an ebook publisher or a video game developer, Kronenberger Rosenfeld can help. For more information, submit your content licensing matter using our online case submission form, or call us at 415-955-1155, ext. 120.





Online Impersonation


Kronenberger Rosenfeld Represents A Range Of Clients Who Have Been Impersonated On Websites And In Emails.

Today, it only takes a few minutes for a bad actor to create an email address or a social media account that appears to be associated with another person. Once created, these fake accounts can be used to impersonate the victim, whether to defraud friends and family of the victim, to embarrass the victim with false or private details, or just to create mayhem.

A patchwork of federal laws, state laws, and common laws prohibits unauthorized online impersonation. As an example, California Penal Code section 528.5 makes it unlawful to knowingly impersonate another person on a website or other electronic means for the purpose of harming, intimidating, threatening, or defrauding another person. A person who violates this California law can be punished for up to a year in jail. However, California is on the forefront of online impersonation laws and not every state has adopted similar statutes. Experienced counsel can help you find the right law for the right circumstance.

Even when a state does not have a law that specifically prohibits online impersonation, other laws may be used to obtain relief. As an example, most states have laws that prohibit others from using your name or picture for their commercial advantage. While these laws most commonly apply in the context of celebrities, they have been extended to general online impersonation. Similarly, all states prohibit a person from making intentional misrepresentations, which can also apply in the context of online impersonation.

Kronenberger Rosenfeld has considerable experience in representing victims of online impersonation. In these lawsuits, the firm has attained both the immediate termination of the impostor accounts and compensatory damages for the victim.

If you have been the victim of online impersonation, call us at (415) 955-1155, ext. 120.  Or submit your matter through our online submission form.


REPRESENTATIVE EXPERIENCE
Read More
  • Represented a large non-profit organization in which a board member was impersonated in online discussion groups. The impostor had the board member making extreme and objectionable statements. The firm brought a “John Doe” lawsuit, discovered the perpetrator of the impersonation, and obtained a favorable settlement for the client.
  • Represented an international education organization in a fraud matter involving the defendant’s impersonation of an executive of the client to embezzle money.
  • Advised multiple executives of different businesses on how to address impersonation in social media. For many of these clients, the firm was able to stop the impersonation without the need to turn to litigation.






Click Fraud


Our Tech Experience Gives Us an Advantage Over Other Firms

Click fraud refers to a form of Internet misconduct where a person or computer program clicks on an Internet advertisement either solely to hurt a competitor or solely to generate pay-per-click revenue for the fraudulent clicker (and not out of interest in the advertised goods or services).

Our experience in conducting forensic investigations serves us well in click fraud disputes.

For example, a company can impose significant costs on a competitor by clicking on the competitor’s PPC advertisements in search engines over and over again. In these situations, an advertiser or search engine may rely on principles of unfair competition law, interference law, and trespass law as legal avenues for recourse against click fraud perpetrators.

In pay-per-click advertising, advertisers pay search companies each time a user clicks on an ad displayed by the search company. Publishers who run websites may display these ads, in return for a portion of the pay-per-click revenue. One form of click fraud occurs when the website owner clicks on the ads displayed on his or her own website. The owner of the website can generate significant revenue through this misconduct. In this situation, the website owner has typically breached the contract with the search company displaying the ads. As a consequence, the search company can terminate the contract and sue the website owner for breach of contract.

Kronenberger Rosenfeld has considerable experience in designing creative legal solutions to combat click fraud. To discuss a click fraud matter you may be facing, you can call Kronenberger Rosenfeld at 415-955-1155, ext. 120. Or you can submit your matter to us using our online case submission form.


REPRESENTATIVE EXPERIENCE




Data Breaches


Top Attorneys for Advice on Data Breach Notification Laws

Should someone hack or otherwise gain unauthorized access to your business’s computer network where you store personal information about your customers, you may be required to disclose this security breach to the affected individuals. Most states have enacted legislation requiring notification of data breaches involving personal information, and these states have a multitude of different requirements about when and how you must notify your customers. Importantly, failure to notify the affected individuals of a security breach may result in significant penalties and other liability for you or your business.

Kronenberger Rosenfeld can assist in analyzing a breach under a variety of state laws. Notably, the requirements of California's breach notice law are some of the strictest, and these requirements are placed on any person or business that does business in California, which includes most businesses that operate in the United States over the Internet.

When a company suffers a data breach, the consequences can be severe. We focus on thorough factual analysis in the critical hours and days following a data breach so our clients know their potential financial exposure as soon as possible.

The California Database Security Breach Notification Act (“Act”) requires those who own, license, or maintain computerized data that includes “personal information” to disclose breaches of security in certain circumstances. 

DEFINITION OF PERSONAL INFORMATION UNDER CALIFORNIA LAW.

“Personal information” is any unencrypted information that can be used to identify a person (such as an individual's first name or first initial and last name) in conjunction with any of the following: a Social Security number; a driver's license number or California identification card number; an account number, credit or debit card number, in combination with any required security code, access code, or password that would permit access to an individual's financial account; or a username or email address in combination with a password or security question and answer that would permit access to an online account.

TRIGGERING THE DUTY TO DISCLOSE BREACH OF SECURITY.

The Act requires any person or business that owns or licenses computer data including “personal information,” and which is conducting business in California, to notify each California resident of a breach of the security of the data if the individual's private information was, or is reasonably believed to have been, acquired by a person without valid authorization. The Act also requires any person or business that maintains (but does not own) computer data including personal information, to notify the owner or licensee of the information (as opposed to the affected individual/California resident) of a breach of the security of the data if the information was, or is reasonably believed to have been, acquired by a person without valid authorization.

In each instance, the Act requires that notifications be made in “the most expedient time possible and without unreasonable delay.” Cal. Civ. Code § 1798.82(a).

If a data breach involves access to, use or disclosure of patient medical information, then California’s Confidentiality of Medical Information Act and federal law may require reporting within days to government agencies, and may result in significant governmental fines and potential liability from class action lawsuits.

Businesses that experience a breach of security need to take prompt and decisive action to determine whether they need to notify their customers and how to provide the notification. Kronenberger Rosenfeld brings its experience to bear for your company on the issue of breaches of security. You can call us at 415-955-1155, ext. 120, or you can submit your case through our online case submission form


REPRESENTATIVE EXPERIENCE




Anonymous Defamation


When You Are Harmed By Anonymous, Unlawful Defamation, Kronenberger Rosenfeld Helps Strip That Anonymity And Obtain Relief

The Internet makes it easy for any person to anonymously publish statements about your business or about you personally. While the First Amendment to the U.S. Constitution protects anonymous speech generally, that protection does not extend to defamation, which is unlawful. Thus, where somebody publishes a provably false statement of fact about you or your business, that statement may be actionable as defamation. The fact that the statement was published anonymously does not make the statement lawful, and it does not protect the author from liability.

However, when dealing with anonymous defamation, a whole new set of issues arises. In particular, how do you seek legal relief from somebody when you do not know who that person is? Kronenberger Rosenfeld is at the forefront of representing plaintiffs, defendants, and third-party interactive computer services in anonymous defamation cases. In representing plaintiffs, we employ a range of judicial and non-judicial techniques to identify the publisher of the unlawful statements. Often, anonymous defamation cases have required us to file lawsuits against anonymous “John Doe” defendants and request that the court authorize our firm to conduct sufficient discovery to lift the anonymity. Once we have identified the publisher of the defamatory statements, we can convert the “John Doe” lawsuit into a conventional lawsuit and pursue maximum legal relief for our client.

When our firm represents defendants and third-party interactive computer services, we rely on our extensive experience with Section 230 of the Communications Decency Act along with our experience with the general First Amendment right to speak anonymously. Invoking this experience, our firm has been able to quash subpoenas or force plaintiffs to withdraw subpoenas issued to identify the publisher of an online statement.

Regardless of whether you are the subject of the defamation, the publisher of a statement on the Internet, or an affected interactive computer service, it is important to engage qualified Internet attorneys as soon as possible. This is particularly true in the case of anonymous defamation because these matters are very time sensitive. Once a publisher’s identity is revealed or protected by a court, the nature of the dispute will fundamentally change. The following are representative examples of Kronenberger Rosenfeld’s work in the area of anonymous defamation.

To discuss your anonymous defamation matter, call us at (415) 955-1155, ext. 120. Or submit your matter using our online case submission form.


REPRESENTATIVE EXPERIENCE
Read More
  • Represented the U.S. Chess Federation in a lawsuit involving unknown parties hacking into the email account of a member of the board of directors of our client, stealing information regarding the internal investigation of two other directors of the organization, and publishing false and defamatory statements about members of the organization. After multiple rounds of subpoenas, the firm identified the person responsible for the hacking, which led to the criminal indictment of such employee and an eventual resolution of the case.
  • Represented the anonymous publisher of a blog and filed a motion to quash a subpoena on his behalf. The subpoena was designed to reveal the blogger’s identity. The firm persuaded the court that the blogger’s identity was not relevant to the underlying lawsuit. Thus, the court quashed the subpoena, finding that the plaintiff had issued the subpoena solely to reveal the identity of a publisher of protected speech and not to advance its claims.






Anonymous Fraud


Unmask Fraudulent Anonymous Actors on the Internet.

The Internet provides a cloak of anonymity to those seeking to do you or your business harm. If you have an Internet fraud complaint about an unscrupulous competitor, a disgruntled former customer, or a common thief with designs on your bank account, Internet fraud lawyers at Kronenberger Rosenfeld can help you fight back.

We can root out the identities of those committing anonymous Internet fraud. Our digital forensics experience is key in identifying anonymous wrongdoers.

Kronenberger Rosenfeld uses an array of investigative processes and technologies to track and identify those who engage in anonymous Internet fraud. We are also adept at leveraging the subpoena powers of state and federal courts to discover the server logs and other digital footprints of online perpetrators. Unlike most traditional firms, we relish the challenge of investigating, identifying, and bringing those who engage in Internet fraud to justice - often before they even know we are onto them.

Kronenberger Rosenfeld utilizes its Internet forensics capabilities to unmask different types of anonymous Internet fraud campaigns.

To discuss your anonymous Internet fraud matter, call Kronenberger Rosenfeld’s Internet fraud lawyers at (415) 955-1155, ext. 120. Or submit your matter using our online case submission form.


REPRESENTATIVE EXPERIENCE




Hacking And Unauthorized Access


Top Attorneys to Assist in Responding to Hacking and Unauthorized Access

Any business that has a computer with access to the Internet or that has an internal network used by employees should be aware of the laws addressing hacking, computer theft, cyber-trespassing, and other unauthorized access to computers and networks. If another person or entity, such as a competitor, has hacked into your computer network, or if your business has been accused of unauthorized access of a network, we have the experience and knowledge to help you navigate through the relatively new laws in this area.

Our experience is invaluable in responding quickly and decisively to hacking or unauthorized access events.

Most states have their own laws regarding hacking, which is also known as “unauthorized access” of computer systems. There is also a federal statute which prohibits hacking and unauthorized access. The federal Computer Fraud and Abuse Act (“CFAA”) is a criminal statute that also allows for private lawsuits upon violations. If someone has compromised the security of your system, or if you are accused of unauthorized access, you need to be aware of this law.

The CFAA deals not only with hackers but also with persons who have exceeded the scope of their authorized access. For example, consumers who share their passwords, competitors who use web “spiders” or other bots to gather information on your website, and current or former employees who copy files on your network that they were prohibited from accessing, all could be liable for exceeding the scope of their access under the CFAA.

The CFAA recognizes that a hacking incident or other cyber-attack can both damage your business directly as well as cause you to incur a significant amount of costs in responding to the hacking or unauthorized access. Kronenberger Rosenfeld has the experience to put you on the best footing possible in taking legal action under the CFAA or defending yourself from allegations of hacking. Furthermore, we can help you identify the real parties responsible for the wrongdoing, as often the hacking is done anonymously or by those who have attempted to cover their digital footprints. Using our in-house forensic analysis, select outside experts, and court-sanctioned discovery tools, we can help to identify the real parties behind the wrongdoing.

If someone has hacked or otherwise gained unauthorized access to your server and gained access to the personal information of your customers, there are some other important legal considerations for your business. Specifically, under the privacy protection laws of most states, businesses must notify consumers upon any breach of security where the hacker gains access to certain confidential or otherwise personally identifying information of the businesses’ customers. Importantly, states impose significant penalties on companies that do not comply with these laws. For more information on notification requirements, click here.

Our experience in handling unauthorized access cases is of great benefit to our clients, especially due to the highly technical nature of most unlawful access cases. We are also sensitive to our clients’ business concerns following an unauthorized access event, and we can act quickly with the courts or otherwise to address our clients business needs.

If someone has accessed your computer network without authorization, please call us to address how our firm can help you respond. You can call us at 415-955-1155, ext. 120, or you can submit your case through our online case submission form.


REPRESENTATIVE EXPERIENCE




Payment Systems and Digital Currencies


For many years, accepting credit card payments—either directly, or through a service such as PayPal—was the only means of payment available to Internet-based businesses. 

Today, the landscape is rapidly changing, and online merchants have their choice of accepting payment through such alternative means as:

Different procedures, risks, and legal requirements apply depending upon the Alternative Payment System (APS) used.  Kronenberger Rosenfeld is experienced with APS and stays up to date on the legal and practical issues affecting each category.  

If you require legal advice regarding use of an APS, give Kronenberger Rosenfeld a call at (415) 955-1155, ext. 120, or submit your matter to us confidentially online.





Payment Processing


As Internet lawyers, Kronenberger Rosenfeld has substantial experience in the payment processing industry.

The firm is readily familiar with the merchant regulations issued by the card associations, such as Visa, MasterCard, Discover, and American Express (AMEX), the various parties involved (such as the acquirer, ISO, gateway, and so forth), and the problems that can arise. We regularly advise clients on their payment processing agreements and help to resolve disputes when they arise.

Tap into our payment processing litigation experience and technical savvy for your credit card or payment processing dispute. And our experience in handling disputes is of great benefit to our clients when we draft or advise on payment processing contracts.
PAYMENT PROCESSING CONTRACTS

The typical payment processing agreement is a dense contract of adhesion—meaning the merchant has little to no bargaining power on its terms—and is filled with boilerplate legalese—meaning it can be difficult to understand if you are not familiar with the jargon. However, all payment processing contracts are not the same, and unfortunately, many payment processing agreements contain draconian provisions that can prove ruinous to the merchant if the processing relationship takes a bad turn. Such provisions include, but are not limited to:

With the multitude of processors in the industry, no merchant, regardless of credit history, should be required to enter into such an agreement. Yet because payment processing agreements are densely worded, it is difficult for merchants to identify these provisions on their own, and many are surprised to learn they exist only after said provisions have been enforced to the merchant’s detriment. The best way to identify such terms in a processing agreement is to seek legal review by an experienced law firm, such as Kronenberger Rosenfeld, before entering into the agreement.

DISPUTES

Even the best of Internet merchants inevitably has a dispute with its processor. Kronenberger Rosenfeld has successfully resolved merchant processing disputes for many of its clients, including by negotiating rolling early releases of funds held in reserve and repairing the processing relationship. If you have a dispute with your payment processor, give Kronenberger Rosenfeld a call.

We welcome you to submit the details of your payment processing matter using our online case submission form or by calling us at 415-955-1155, ext. 120.





Affiliate Agreements


We can draft your Affiliate, Advertiser, or Network Agreements.

For over a decade we have represented companies involved in the affiliate marketing industry, including ad networks, advertisers, affiliates, and sub-affiliate publishers. We have also dealt with many types of disputes, including both private and FTC lawsuits, involving companies in the affiliate marketing industry.

Due to this experience, our firm is uniquely qualified to draft the agreements that govern the relationships between the different players in this industry, and our goal is to create agreements that protect our clients and either eliminate or greatly reduce the possibility of future litigation. When we draft agreements, we draw upon our years of experience in addressing issues such as:

If you need our help in creating affiliate or advertiser agreements, please call us at 415-955-1155, ext. 120. You may also submit your matter to us in our online case submission form.





Technology & Saas Deals


Technology services agreements should not be entered lightly.

Every deal is different, and an analysis of the parties, deal objectives, and potential future disputes is essential in order to minimize risks associated with the deal. Unwise decisions regarding choice of forum and dispute resolution can cost thousands in unexpected expenses later. More importantly, though, sloppy drafting of statements of work or provisions dealing with intellectual property rights can have devastating effects on a party in the event of a dispute.

Drafting complex agreements for business conducted over the Internet has been a core part of our practice for years.

Cloud computing and software as a service (SaaS) deals are becoming more common. With SaaS deals, the focus is less on licensing and more on the service agreement, specifically the Service Level Agreement (SLA) that covers topics like uptime requirements, speed, and responsiveness.

Kronenberger Rosenfeld’s approach to drafting technology and SaaS agreements is twofold. First, as litigators, we ensure that we have created multiple layers of protection for our clients from the costs of being forced to litigate in unexpected jurisdictions or of being forced to litigate various types of so-called nuisance lawsuits. Second, we draft our agreements with the goal of increasing value for our client’s projects, relating to its intellectual property rights and to revenues and profits generated from the agreements.

To discuss a particular technology services contract that you may need, call Kronenberger Rosenfeld at 415-955-1155, ext. 120, or submit your matter to us now using our online case submission form.





Privacy Policies


Privacy Policies Should Be Carefully Drafted to Comply with an Array of State and Federal Regulations

Some of the most valuable assets of any business are its customers and the information that the business maintains about those customers. As the type and number of regulations governing consumer privacy increases, so do the risks of gathering and storing customer data. Kronenberger Rosenfeld can help you to assess those risks and craft a privacy policy designed to avoid exposure.

We have years of experience in navigating the ever growing patchwork of state and federal privacy laws that are applicable to websites and mobile apps.

A privacy policy is more than an explanation of what information a business collects and what it does with that information. Increasingly, privacy policies are expected - if not required - to address how information is gathered, when and with whom it is shared, how customers may interact with it, and what is done to protect it. Certain types of businesses, including healthcare, financial, child-oriented companies, and businesses with overseas customers face even greater regulation. Any business that ignores customer privacy may find itself the butt of jokes at best, and the subject of a lawsuit or enforcement action at worst.

Recent FTC and state Attorney General regulations have mandated privacy policies for all mobile apps, and they have also recommended best practices for app developers for when to provide additional notice about personal data collection. We ensure that your company stays abreast all of the new regulations and recommended best practices.

The State of California has perhaps the most stringent privacy standards, reflected in the California Online Privacy Protection Act. The law requires that website operators conspicuously post a privacy policy if they collect personally identifiable information from Californians. Further, the law has been amended to include, among other things, requirements that website operators give notice of how they respond to consumers’ “do not track” requests.

Kronenberger Rosenfeld can help you craft a website privacy policy that complies with the law and also balances your business's need for flexibility with your customers' wishes to have their information treated responsibly. We can also help you structure your business and website so as to make the most of your customer information resources, all while helping keep your collection, use, disclosure, and data security practices in compliance with the law.

As aggressive and seasoned litigators, Kronenberger Rosenfeld also represents clients in the event of an FTC or state Attorney General action against you and relating to your privacy practices.

We welcome you to submit your privacy matter to us using our free online case submission form, or call us directly at 415-955-1155, ext. 120





Terms Of Service


The Importance of Well-Drafted Website Agreements

You have a legal relationship with everyone who visits your website, regardless of whether they buy anything or even identify themselves. It is to your advantage to set the terms of that relationship through a website agreement. Kronenberger Rosenfeld tailors a terms and conditions agreement to your business and implements that website agreement in a way that maximizes its ability to protect you and your assets. You can learn more about how our firm can help with navigating privacy laws and drafting privacy policies here.

View a Replay of Our Webinar: Essential Elements of Business Website Terms and Conditions

Poorly drafted Terms & Conditions and Privacy Policies can result in a business needlessly incurring thousands of dollars in legal fees.

Poorly drafted end-user website terms and conditions agreements can cause businesses to incur thousands of dollars in wasted legal fees or, even worse, enforcement actions by the FTC or state Attorneys General. Terms and conditions agreements are especially important to Internet and wireless companies that sell products, distribute content, permit end-users to post messages, or do any other thing that raises the potential for third-party liability. Kronenberger Rosenfeld helps you understand the legal risks specific to your business and drafts an end-user terms and conditions agreement designed to address those risks without inconveniencing your customers or end-users.

A terms and conditions agreement is only good to the extent it can be enforced. Accordingly, Kronenberger Rosenfeld works with its clients to implement their website agreements, as well as privacy and DMCA policies, in the way most likely to permit their enforcement.

If you need help drafting website agreements, contact us today at (415) 955-1155, ext. 120, or submit your matter using our online case submission form.





Domain Name Legal Services


Large Domain Name Portfolios Have Unique Legal Issues

Kronenberger Rosenfeld offers an array of services to owners of large portfolios of domain names. These services include handling a variety of domain-related trademark disputes, dealing with vendor contracts, negotiating purchases and sales of individual domain names, licensing domain names, and disputes with registrars.

Our firm is uniquely positioned to deal with the legal matters that arise for owners of large domain name portfolios.

We can help if you are seeking financing for your domain portfolio business or if you simply are interested in selling an equity stake in such a business.

We would be happy to discuss how our firm’s domain legal services could assist you as a domain portfolio owner. For more information, please submit your matter using our online case submission form, or call us at 415-955-1155, ext. 120.


REPRESENTATIVE EXPERIENCE




Domain Name Theft


Domain Names Can be Stolen, Just Like Other Types of Personal Property

Domain names, once registered, are the private property of the registrant. In other words, domain name registrants are owners of domain name property, and this property can be stolen or misappropriated just like any other type of property.

We can take rapid legal action to recover your stolen or hijacked domain names.

Kronenberger Rosenfeld has represented parties in multiple types of domain theft cases, and we have taken legal action both against domain name thieves and against registrars that were either complicit or negligent. We have also litigated various types of partnership disputes involving domain names.

Feel free to submit your domain name theft or misappropriation matter to our domain name theft attorneys using our online case submission form or call us at 415-955-1155, ext. 120.


REPRESENTATIVE EXPERIENCE




UDRP Domain Name Arbitrations


Our Experience Makes All the Difference in UDRP Domain Name Arbitrations

Kronenberger Rosenfeld represents the range of trademark holders and alleged cybersquatters in ICANN UDRP domain name arbitrations. We have appeared in all the major forums (including the National Arbitration Forum and World Intellectual Property Organization), and we've battled over the spectrum of top-level domains from .com to .uk. We bring that experience to bear in every ICANN arbitration we handle.

Tap into our experience in representing both trademark holders and alleged cybersquatters in domain arbitrations.

Kronenberger Rosenfeld has succeeded in the hard cases, such as those on behalf of individuals seeking to seize domain names that infringe their common law trademark rights in their personal names. In one such case, we seized AnthonyQuinn.com on behalf of the Academy Award winner’s estate after devising a creative process of proving the deceased actor’s common law trademark rights in the Anthony Quinn name.

We have also succeeded against large and established trademark owners, such as Royal Caribbean, which attempted to unfairly leverage its size and brand against one of our clients, whose business depended on its use of a non-infringing domain name.

To learn more details about Kronenberger Rosenfeld's broad experience in the area of ICANN UDRP domain name arbitrations, submit your case using our online case submission form, or call us at (415) 955-1155, ext. 120.


REPRESENTATIVE EXPERIENCE