Everyone wants to be an Internet lawyer these days. It
sounds cutting-edge, hip, even sexy. But what exactly is an Internet lawyer?
You may be surprised to learn that while there are a few practice areas
exclusive to the Internet realm, almost any kind of lawyer -- litigator or
corporate -- can practice Internet law.
Internet companies require legal counsel for everything
from financing to business development to the protection and enforcement of
intellectual property rights to employment issues. Internet clients can range
from sole entrepreneurs to tiny start-up companies to high-profile,
multi-billion dollar, publicly-held corporations.
Some practice areas are, of course, exclusive to the Web -- they wouldn't exist
but for the Internet. For instance, privacy and First Amendment issues related
strictly to the Internet are new. A pure Internet lawyer might counsel clients,
for example, on anti-spam policies or preventing claims based on allegedly
false, defamatory or invasively private information in web site postings.
Internet lawyers also draft website legal text, such as disclaimers,
warranties, intellectual property notices and click-wrap licenses.
At the same time, other law practices, while not exclusive to the Web, have
become primarily Internet practices by virtue of the wealth of cases and
clients since the Web boom. For example, intellectual property lawyers are in
huge demand by dot-com companies that need help with trademark, advertising,
branding, domain name selection, sweepstakes compliance work and strategic
patent portfolio development. Palo Alto-based Cooley Godward, for example,
represented online auction site eBay in developing the company's user agreement
and privacy policy, among other matters.
Technology licensing is another practice area in which an attorney could work
exclusively for Internet clients. Those lawyers handle co-branding,
distribution and affiliate and ad buy agreements, for example.
Corporate securities work is a traditional legal practice that has quickly moved
into the Internet realm. Corporate lawyers are overwhelmed these days with work
from dot-com companies that need assistance with company formation and
financing, corporate governance, initial public offerings and mergers and
acquisitions.
As the Web has grown and matured, so has Internet-related litigation. For
example, there are enforcement cases against cybersquatters and infringers as
well as defamation law suits. In one case, Cooley Godward represented annoy.com
when it successfully argued to limit the Communications Decency Act to apply
only to obscenity communicated with the intent to annoy. Litigators also
provide regulatory counseling to Internet companies.
Business litigation is active as well. Wilson Sonsini Goodrich & Rosati, for
example, represented Blue Mountain Arts in unfair business practices
litigation. Specifically, the firm obtained a preliminary injunction that
barred Microsoft from automatically filing Blue Mountain greeting cards in
users' "junk mail" folders.
International lawyers are similarly working on Internet legal issues. For
example, Wilson Sonsini's practice extends to Asia, where advanced Internet
technologies are developed and marketed. In one matter, the firm recently
helped a Taiwanese financial institution create its first venture capital fund
to invest in U.S. technology and Internet companies.
Similarly, Morrison & Foerster has a booming office in Buenos Aires, where
venture capital is flowing to the local economy. There, the firm assisted local
and international Internet companies with the establishment of stock option
plans, the preparation and negotiation of financing documents, as well as
transfer of technology agreements.
Believe it or not, even dirt lawyers are getting into the act. Real estate
attorneys at Brobeck, Phleger & Harrison, for example, recently negotiated a
$17 million land and building synthetic lease financing for the acquisition of
132,000 square feet of San Diego office space by a high-tech company.
Government contracts lawyers help their clients buy and sell Internet-related
goods and services to federal, state and local governments. Tax attorneys help
structure dot-com stock option and benefit plans as well as major deals like
mergers. Employment lawyers advise clients about recruiting and (unfortunately)
laying off dot-com employees. Immigration lawyers help Internet companies that
have an increasing number of foreign workers. And with the Internet industry
being as successful as it is, no group has more of a need for "wealth
management" than those dot-com millionaires. As a result, even trusts and
estates lawyers can be Internet lawyers.
So if you want to be an Internet lawyer, the opportunities are virtually
limitless. Our advice? Pursue a specialty -- real estate, employment law,
trusts and estates, whatever it may be -- that excites you. Then find a way to
service Internet clients in that specialty. That's, really, how the best
Internet lawyers are made.