The Cutting Edge Of Internet Law
Traditional law is in a continuous struggle to stay current with the innovative and technological advances of Internet marketing. As an internet specialist, Ms. Goodman remains on the cutting edge of both technical innovations and advancing legal issues to ensure her clients are compliant with applicable laws. She has a unique ability to identify and adjust her clients' policies, contracts and practices in advance of the onslaught of investigations and litigation using the following methods:

Advertiser

Managing the Risks: It is imperative for the successful advertiser to know not only the rules and regulations pertaining to online marketing, but also how the entire online marketing system works. Learning such details takes time, patience and solid legal counsel. At a bare minimum to safeguard your business, legal counsel should: (1) Review your business model for statutory compliance; (2) assist in the creation of the website; (3) understand and know the marketing affiliates you choose; and (4) be knowledgeable about how the internet system works collectively to draft contracts which protect your assets and reputation. Ultimately, the manner in which an advertiser manages their website, creatives and networks, will determine the success or failure of their product or service.

With advancing technology, there is more opportunity for advertisers and marketers to reach larger audiences, brand their products and create an integrated online marketing program at a fraction of the costs of traditional marketing. However, the same program which can increase customer leads and generate sales, can submit the Advertiser to significant legal issues resulting in Federal and State lawsuits, heavy fines, Shutdown and Asset freeze Orders, and ultimately financial disaster.

Liability for online advertising ranges from the advertisers business model, its website, and its program to drive traffic whether that program includes banner display or email marketing. The advertiser is always on the front line of any government investigation or civil litigation and carries the greatest compliance requirements for all online activities undertaken on their behalf. A typical government investigation always begins at the door step of the advertiser because it is their name, their brand and their business which is the easiest path to follow. Only after the advertiser has been completely investigated, does the agency look to those who may have been ultimately been responsible for the statutory or regulatory violation. However, even if the advertiser was unaware of the violation, under the CAN SPAM Act of 2003 and Federal Deceptive advertising regulations, the advertiser remains liable.

The Goodman Law Firm Solution: The legal issues faced by the Advertiser are broad and encompass several different areas of law, including the CAN-SPAM Act of 2003, Federal Trade Commission Regulations, as well as various State and Federal Deceptive Advertising Statutes. Each of these areas of risk is addressed by the Goodman Law Firm.

  · Business Model Review and Compliance
  · Website Reviews
  · Affiliate Vetting and Compliance Programs
  · Network Vetting and Compliance Programs
  · Privacy Policy Review
  · Acceptable Use Policy Review
  · Individual Offer Review

If you are serious about creating a culture of compliance at your company, you need a legal counsel who understands the constantly changing internet legal space and speaks the language of the internet.
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Affiliates

Managing the Risks: Affiliate marketing is one of the fastest growing sectors in the internet space. However, Affiliate marketing is also one of the highest risk industries in the internet. An affiliate left unprotected may be subject to investigation and sanction by the Federal Trade Commission (FTC), State Attorney General or large ISP. Every Affiliate must also face the perils of a SBA or ROKSO listing on Spamhaus. An Affiliate may be ultimately held responsible for illegal mailing practices, improperly collected data or deceptive advertising, amongst other legal issues.

Even if an Affiliate is able to steer clear of the escalating government investigations by the FTC, New York and Florida State Attorney Generals, if their contracts have not been reviewed by competent legal counsel on behalf of the Affiliate, a dispute with the network or advertiser may result in loss of the entire commission. Similarly, an Affiliate may find themselves indemnifying the very networks or agencies they are working with for claims unrelated to the Affiliates' mailing practices or hosting domain.

Finally, the risks associated with unique Affiliate mailing and marketing strategies and tactics can be significantly reduced with proper legal review and execution resulting in increased profitability.

The Goodman Law Firm Solution: The legal issues faced by the Affiliate are broad and encompass several different areas of law, including the CAN-SPAM Act of 2003, Federal Trade Commission Regulations, as well as various State and Federal Deceptive Advertising Statutes. Each of these areas of risk is addressed by the Goodman Law Firm.

  · Affiliate Contract Preparation and Review with emphasis on protections for the Affiliate
  · Affiliate Best Practices for Commercial Emailing
  · Affiliate Best Practices for Suppression List Management
  · Website Reviews
  · Privacy Policy Review
  · Acceptable Use Policy Review
  · Individual Offer Review

If you are serious about internet compliance and risk minimization, you need legal counsel who understands the constantly changing internet legal space, speaks your language and knows the answer to questions other attorneys don't even know to ask on retainer. [Back to the top]

Networks

Managing the Risks: Creating an affiliate marketing network which produces automatic monthly income is attractive, but not easy. To create this self-generating revenue stream, it is important to know how the entire online marketing system works. Learning such details takes time, patience and solid legal counsel. Irrespective of what the online ads tell you, it is not accomplished overnight.

Most companies consider launching an affiliate program as part of an integrated online marketing program. Because the affiliate network business model is continuously changing to meet market demand and competition among existing networks for the attention of top affiliate marketers, there has never been a better opportunity for companies to take advantage of affiliate marketing.

However, the same program which can increase customer leads and generate sales, and create a nearly automatic revenue stream, can submit the Affiliate Network and/or Advertiser to significant legal issues resulting in Federal and State lawsuits, heavy fines, Shutdown and Asset freeze Orders, and ultimately financial disaster. Ultimately, the manner in which a network creates a compliance culture amongst its advertisers and affiliates will determine the success or failure of its program.

The Goodman Law Firm Solution: The legal issues faced by the Affiliate are broad and encompass several different areas of law, including the CAN-SPAM Act of 2003, FTC Regulations, as well as various State and Federal Deceptive Advertising Statutes. Each of these areas of risk is addressed by the Goodman Law Firm.

  · Affiliate Vetting and Compliance Programs
  · Advertiser Vetting and Compliance Programs
  · Affiliate Contract Preparation and Review
  · Best Practices for Commercial E-mailing
  · Best Practices for Suppression List Management
  · Website Reviews
  · Privacy Policy Review
  · Acceptable Use Policy Review
  · Individual Offer Review

If you are serious about creating a culture of compliance at your network, you need legal counsel who understands the constantly changing internet legal space, speaks your language and knows the answer to questions other attorneys don't even know to ask on retainer. [Back to the top]

Website Compliance

Every business model represented by a website on the Internet is unique and presents both opportunities and risks. The laws regarding advertising and deception are constantly changing and each change can affect a website and the liability to the owners business. The Goodman Law Firm provides comprehensive website reviews and audit reports which detail potential liability areas and suggest possible solutions. These will not only explain the risks inherent in the site, but will also provide innovative solutions to minimize the risk. This review can be customized to the site owners needs. The review may be limited to a one-time review of a branded site or a continuing review of a corporate site as legal issues arise, changes in the law occur, changes in your membership or business model. Each audit ensures that the site is compliant with current Federal and State advertising laws.

Every Website on the internet should have a Privacy Policy, Acceptable Use Policy and a DMCA Notice. Each policy has unique attributes and protections built into this important consumer disclosure. These policies, if written correctly, will be the first line of defense in any investigation or litigation. If written incorrectly, they can become the basis of the investigation and litigation. More importantly, website policies should be reviewed annually as the law surrounding the use of data obtained from the internet is in a continuous state of development.

These terms and conditions establish your relationship with the consumer. It is an essential contract which will govern all future encounters with the consumer or members of your site. It must be carefully and creatively drafted with strong legal protections for the business, while appearing simply and forthright to the consumer. Drafting such an agreement requires extensive legal knowledge combined with an understanding of your business model. Because The Goodman Law Firm has the extended history of representing many business models on the internet, as well as handling consumer complaints and government investigations, it can provide you with the necessary balance between protection against the inherent risks of dealing with the consumer and retaining consumer and membership loyalty. [Back to the top]

E-Commerce Contracts

The Goodman Law Firm has drafted and defended E-Commerce contracts ranging from Web Development Contracts, ISP Contracts, List Management, Lead Generator, Advertiser and Affiliate Agreements, amongst others for over seven years. We understand the business models, the metrics for success, and the potential pitfalls of online contracts and relationships. We can help you evaluate your potential vendors, partners, and clients, negotiate the terms of a relationship, and draft agreements that protect you and your business.

Internet business contractual needs differ from traditional law. The internet lawyer needs to understand the hidden pitfalls of partnership between the various business models on the Internet. Unless your lawyer has extensive experience negotiating and drafting internet contracts, they may not know the trends and changes occurring quickly between business partners.

The Goodman Law Firm has negotiated, drafted and closed hundreds of internet contracts, including Website User Agreements, Privacy Agreements, Content Licensing, Advertising Sales Contracts, Lead Generation Contracts, Affiliate Marketing Agreements, Website Development and Hosting Agreements, amongst others.

We understand Internet business models, we can speak your language and understand your metrics for success, as well as the potential pitfalls of online contracts and relationships. We will help you evaluate your potential vendors, partners, and clients, negotiate the terms of a relationship, and draft agreements that protect you and your valuable business model. [Back to the top]