E-Commerce

Home / Practices / E-Commerce
All practices
Intellectual Property and TechnologyInternet

E-commerce legal counsel keeps your online store enforceable and compliant, covering checkout contracts, consumer protection and advertising rules, payment processing, marketplace liability, and privacy, so you can sell and scale without inviting claims.

Selling online comes with rules that brick-and-mortar retail never had to think about, from how a contract forms at checkout to who is liable when a third-party seller ships a defective product. We advise online businesses, platforms, and marketplaces on the legal mechanics behind the storefront, building operations that are enforceable and compliant while still hitting your commercial targets. Our engineering background helps when the legal answer depends on how the system actually works.

Contracts That Form at Checkout

Your terms only bind customers if the contract is properly formed, and courts treat browse-wrap, click-wrap, and sign-in-wrap very differently. We design checkout and sign-up flows that create enforceable agreements while keeping friction low, and we make sure load-bearing provisions like arbitration clauses and class action waivers are presented and accepted in a way that holds up if a customer later challenges them.

Consumer Protection and Advertising

Online sellers face heavy scrutiny on how they price, promote, and deliver. We advise on pricing and fee disclosures, advertising claims and the substantiation behind them, return policies, and fulfillment commitments, keeping you aligned with FTC guidance and state consumer protection laws. The goal is straightforward: avoid deceptive-practice exposure without dulling the marketing that drives the business.

Payments and Marketplace Liability

Money and middlemen both add risk. We negotiate payment processing agreements, advise on PCI DSS obligations, and help you manage chargebacks and fraud. For marketplaces, we work through liability theories for third-party sellers, seller agreement terms, product safety duties, and intellectual property compliance, so you can grow the platform while keeping a clear-eyed handle on what you are on the hook for.

Cross-Border, Privacy, and Data

Going global and collecting customer data each bring their own compliance load. We advise on customs, export controls, and VAT and sales tax as you expand into new markets, and on the privacy side we handle privacy policy requirements, data collection practices, and compliance with CCPA, GDPR, and similar frameworks, so you can put customer data to work without tripping the rules that govern it.

Frequently asked questions

It depends on how you present them. Click-wrap, where the customer has to actively click to accept, is the most reliable. Browse-wrap, which relies on a customer merely noticing a link, gets much more scrutiny from courts. We set up your terms so acceptance is clear and they'll hold up.

Generally the price, shipping costs, return policy, and any other material terms, all before the customer completes the purchase. The exact requirements depend on what you sell, where your customers are, and what claims your advertising makes.

Usually yes. After South Dakota v. Wayfair, most states require remote sellers to collect sales tax once they pass that state's sales or transaction threshold. We help you figure out where you've crossed those thresholds and set up compliant collection.

Marketplace liability is an area that's still shifting, and courts have reached different results. Your platform design, how you vet sellers, and your terms all affect how much risk you carry. We help structure your operations to keep that exposure manageable.

Export controls, customs requirements, VAT obligations, and the consumer protection laws of each destination country. Keep in mind that some products simply can't be sold in certain places, so it's worth confirming before you list them globally.

Likely the CCPA, state privacy laws, and the GDPR if you reach EU customers, plus any industry-specific rules tied to your products. Whatever applies, your privacy policy has to accurately describe what you actually do with customer data, since a mismatch is itself a violation.

Our team

People in this practice

Document products

Related document products

Order attorney-drafted documents related to this practice.

Browse all products

Bring our e-commerce team to your next matter.

Get in touch