Jackson Walker represents companies through the twists and turns of acquiring, distributing, protecting, marketing, and monetizing their content in the digital realm. The adage “content is king” is truer now more than ever with the advent of “new media” (or as we like to call it, “digital”). Our attorneys help assess, create, and implement winning legal solutions for clients in furtherance of their online, e-commerce, social media, digital marketing, digital distribution, and digital rights management strategies.
- Advise on monetizing, marketing and protecting creative content on the web and social media platforms, including Facebook, Twitter, Pinterest, Instagram, TikTok, YouTube, Twitch, IGTV, and more
- Provide counsel on B2C and B2B e-commerce, including the transition to a digital supply chain
- Negotiate complex digital media and technology agreements
- Advise on compliance issues involving data privacy (e.g., GDPR, CCPA, COPPA), website accessibility (e.g., ADA accessibility, and WCAG 2.1), and online advertising
- Provide counsel on data security issues
- Review digital advertising and promotions
- Advise on social media compliance issues, including Federal Trade Commission (FTC) advertising disclosure guidelines for endorsements, testimonials, and social media influencers
- Advise on digital entertainment subscription and payment systems
- Advise on fair use and other copyright issues for images, videos, music, and other content, including Digital Millennium Copyright Act (DMCA) registration and take-downs
- Negotiate and draft agreements to govern web and app activities, including Terms of Service (TOS), End User License Agreements (EULA), Privacy Policies, Security Policies, Subscription / Auto-renewal Agreements, and Distribution Agreements
- Prepare Official Rules for, and advise on, sweepstakes, contests, and prize giveaways
- Assist with due diligence efforts in the purchase, sale, or license of digital assets and social media brands
June 24, 2021
U.S. Supreme Court Rules High School Cheerleader Cannot Be Disciplined for Criticizing School’s Decision Keeping Her Off Varsity Team
By Stacy Allen
For the first time in over 50 years, a high school student has won a free speech case in the Supreme Court. In a narrow decision issued on June 23, 2021, an 8-1 majority (including all but Justice Clarence Thomas) ruled that a Pennsylvania high school could not punish a student for sending an off-color Snapchat to about 250 people in which she complained about not making the varsity cheerleading squad or getting her preferred softball team position.
May 14, 2021
In an article published by Bloomberg Law, James Carlos McFall, Eric Wong, and Lauren Ceckowski discussed the U.S. Supreme Court’s impending ruling in Mahanoy Area School District v. B.L. The free speech case involves a cheerleader’s Snapchat post and may provide insight on how the Court will rule on future social media cases.
April 29, 2021
One of These Things Is Not Like the Other: SCOTUS Narrows the TCPA’s Application in Autodialer Cases, But Certain Marketing and Messaging Practices Are Still at Risk
By Emilio B. Nicolas and Eric Wong
Back in 1991, when mobile phones were a luxury item weighing about two pounds and dial-up internet was getting ready to hit the market, Congress passed the Telephone Consumer Protection Act (TCPA), with an eye towards reigning in robocalls and other abusive telemarketing practices of the time. Thirty years later, the TCPA still stands.
April 13, 2021
Houston partner Wasif Qureshi was quoted in this Texas Lawyer article discussing Jackson Walker’s representation of Roku, Inc. in a $228 million patent trial.
February 8, 2021
Following a recent filing of a House bill that would define daily fantasy sports as a game of skill, CBS 11 Dallas-Fort Worth spoke with Bob Latham about the state’s anti-gambling laws and the legality of participating in a daily fantasy sports league.
December 29, 2020
Signed into law on December 27, 2020, the H.R.133: Consolidated Appropriations Act, 2021 contained more than just COVID-19 relief and federal government funding.
Our attorneys work with online retailers to prepare, implement, and problem solve terms, conditions, and data privacy policies and practices with an eye towards complying with the laws of today and helping avoid liabilities of tomorrow.
- Social Media
We provide guidance to advertisers and other clients on a range of issues related to social media marketing, compliance, and intellectual property considerations such as copyrights, trademarks, privacy and publicity rights, and advertising law.
- Digital Marketing
Our attorneys have years of experience providing advice on marketing campaigns and promotions on the web and through social media. Clients turn to us for guidance on digital marketing issues related to advertising, compliance, user-generated content, and privacy. As influencers have become trusted sources of insight, our attorneys have worked with advertisers to form effective strategies and agreements to ensure that influencer campaigns are carefully vetted, comply with regulations on transparency, and mitigate risks. Our attorneys have also worked with online influencers to negotiate campaigns, navigate regulatory issues and more.
- Digital Rights Management
Our attorneys have helped clients strategize and implement digital rights management (DRM) strategies to track and combat piracy and reduce unauthorized uses of their content online.
- Content Distribution, Streaming, and OTT Platforms
With advances in mobile technology and the rise of streaming video, live streaming, OTT platforms, and podcasting, we have worked with clients to determine effective strategies for content distribution and licensing, and the protection and exploitation of content across all digital media and platforms.