Information Technology and Internet Commerce

An aggressive client base has positioned Frost Brown Todd at the forefront of legal issues and transactions in the e-commerce industry. Since the Dot Com boom of the mid 1990s, our lawyers quickly gained experience in every aspect of e-commerce, from resolving domain name disputes and developing user agreements to writing privacy policies and supporting the conduct of commerce online. Our clients range from true start-up companies to e-commerce divisions or initiatives of substantial businesses. We not only represent entities conducting business online, but we also have been fortunate to represent several significant venture capitalists and providers to the e-commerce industry, including Internet service providers, software and web developers, providers of blue tooth (wireless) technology and content providers.

Frost Brown Todd has a long history with electronic contracting. It began with the struggle to make electronic data interchange a viable option for conducting business, and continues with the rush to conduct commerce through the Internet. Also, as the fortunes of the e-conomy have evolved and capital sources of become more sparse, we have also gained experience in representing e-commerce companies in restructuring, sales of assets and bankruptcy.

As mentioned, our clients range from true start-up companies to e-commerce divisions or initiatives of substantial businesses. The commerce conducted by those clients is as varied as one can imagine. For instance, one client may be purchasing within the coffee and tea industries, while another client is providing an Internet platform for over-the-counter trading of energy based commodities. In all cases, we share with our clients the excitement of breaking new ground and testing new ideas and new ways of conducting business. While the e-commerce fervor has moderated, those of us with experience in the field recognize the continued viability of the right idea effectively implemented, especially in the business-to-business context.

Financing an e-Business or Technology Venture

• Venture Funding
• Private Placements
• Public Offerings

Establishing and Protecting Your Space

• License Agreements
• Intellectual Property Protection
• Domestic and international trademark patent registration
• Trademark and Co-Branding Issues
• Copyright Protection
• Domain Name Issues
• Web Development Issues
• Privacy
• User Agreements
• Terms of Use
• Advertising
• Service Agreements
• ASP Agreements

Doing Business: e-Commerce and Technology Ventures

• Strategic Alliances
• Business Formation
• Electronic Contracts
• Content Agreements
• Contract Formation in Cyberspace
• Performance Issues
• Technology Licensing
• Advertising Issues and FTC Compliance
• Technology Development and Sharing Agreements
• Tax Planning
• Group Purchasing
• On-Line Auctions
• Requests for Quotes
• Multi-State Jurisdictional Issues

Attracting and Retaining Talent

• Creative Compensation Arrangements
• Stock Options
• Incentive Programs
• Employment Agreements
• Non-Compete Agreements
• Technology Ownership Issues
• Training, Disciplining and Improving Employee Performance

Cross Border Issues: Going Beyond the Borders

• Alliances
• Immigration
• Financing
• Advertising
• Compliance Issues
• Tax Issues
• Multi-National Jurisdictional Issues

Risk Management

• Patent Abatement Insurance
• Intellectual Property Liability Insurance
• Protecting Patent Portfolio
• Funding, Budgeting and Strategies for Intellectual Property Litigation
• Deceptive and Unfair Business Practice Issues
• Trade Secret Litigation

Service Area Contact(s)

  • Charles R. Keeton

    502.568.0257
  • Cynthia L. Stewart

    502.568.0225