Over 45 Years Of Legal Experience

Are You Planning To Open A New E-Commerce Website?

There is much you need to know as you begin your new online business. Further, your website will need legal policies. I am attorney Andrew M. Jaffe, and I suggest that business owners should not attempt to write their own legal policies. This is not where your training and background lie, and though you are probably as smart as a lawyer, you do not have their level of legal experience.

At Andrew M. Jaffe, Attorney at Law, I offer a wide range of legal guidance regarding internet-related technologies such as e-commerce. Further, teaming up with me from the get-go will allow me to provide you with advice and resources to save you money and limit your potential liability as you begin to build your e-commerce website.

How I Can Help Internet Companies And Business Owners

Below is a checklist for legal issues that I use for new e-commerce clients:

  1. Business model: Is your e-commerce business idea viable as a web-based business?
  2. Business entity: Are you going to be a C corporation (C-corp), subchapter S corporation (sub-S corp), limited liability company (LLC), or sole proprietorship?
  3. Terms of service: A service agreement is your contract with your visitors and is the most important item for any e-commerce site. A little work here brings big dividends in the future.
  4. Privacy policy and privacy laws: Every e-commerce site needs a privacy policy. I will draft a privacy policy to limit your liability in the event of a data breach.
  5. FTC guidelines: The Federal Trade Commission (FTC) has been regulating online businesses for almost a century. All its federal regulations and advertising guidelines apply to e-commerce sites.
  6. Software issues: I will make sure that you have software licenses so that you can get the software applications you need.
  7. Domain name issues: Is your name available? Can you create a trademark? What about domain name disputes and domain name registration? These are just a few questions for online businesses.
  8. Trademark: Does your online business have a brand name free from conflict? Should you start with just common law rights? Should you register the mark, and when should you do so?
  9. Copyright: If it has an online presence on the web, it already belongs to somebody. Did you buy a license for the images you are using? How should you address licensing issues?
  10. Do you need a Digital Millennium Copyright Act (DMCA) policy?
  11. Does your business online have website security issues? I can help you prevent security concerns.
  12. Do you need an employer identification number (EIN)? You can get that for free.
  13. Do you need an arbitration clause?
  14. Do you have employees? If so, your e-commerce company needs written policies regarding their authority and use of the Internet.
  15. Do you know the difference between a “browserwrap” and a “clickwrap,” and which do you need?
  16. Are you abiding by the Children’s Online Privacy Protection Act (COPPA) rules?

When I discuss this list with clients as their e-commerce attorney, other issues often arise. You will need guidance to comply with e-commerce regulations and other legal requirements so you do not face legal action for any regulatory issues. Finally, I always discuss with my clients their need for good accounting services. An accountant’s advice as you start up an e-commerce business can save you many dollars in tax that you might not save if you wait until your first tax return is due to speak to an accountant.

I hope this list will give you pause to think about those e-commerce law issues for which you might need to seek professional legal advice and my legal services.

The Can-Spam Act Of 2003

Sending unsolicited commercial email is legal as long as you follow the regulations under the Controlling the Assault of Non-Solicited Pornography And Marketing Act (CAN-SPAM Act) of 2003.  This act made it much easier for internet service providers (ISPs) to pursue legal disputes with electronic commerce companies that are engaged in advertising through unsolicited commercial email (UCE). Numerous lawsuits have been filed since its enactment, many of which could have been avoided if the defendants had attained a better understanding of the law and developed programs for implementing and following these new guidelines. I have developed a Can-Spam seminar to help business owners understand and implement the requirements of the act, and I have provided CAN-SPAM audits for dozens of UCE clients. It is imperative that every piece of email be compliant every day.

Additionally, I am a trial lawyer with extensive experience who provides litigation services to those clients unlucky enough to be embroiled in litigation. Since the passage of The CAN-SPAM Act, I have defended over 30 clients involved in anti-spam litigation.

Discuss Matters With An Experienced E-Commerce Lawyer For Free

Do you need strategic advice from an internet attorney? Please feel free to call me for a free phone consultation. We can discuss your ideas and create a strategy for your new site. There is no charge for this initial consultation, and it is covered by attorney/client privilege. To schedule your free consultation, call me toll-free at 855-445-5586 or send me an email.