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What, Really, Is an Internet Lawyer?

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.


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