E-Commerce

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

We advise on e-commerce legal requirements including online contracting, consumer protection, payment processing, and marketplace operations.

Legal Counsel for Online Commerce

E-commerce involves distinctive legal requirements different from traditional retail. Our E-Commerce practice helps online businesses structure compliant operations while achieving commercial objectives.

Online Contracting

Electronic contracts must be properly formed to be enforceable. We advise on browse-wrap, click-wrap, and sign-in-wrap agreements. We structure checkout flows creating enforceable contracts while minimizing customer friction. We ensure arbitration clauses and class action waivers are properly implemented.

Consumer Protection

E-commerce faces extensive consumer protection requirements. We advise on pricing disclosures, advertising substantiation, return policies, and fulfillment obligations. We help businesses comply with FTC requirements and state consumer protection laws avoiding deceptive practice claims.

Payment Processing

Payment arrangements involve legal and regulatory complexity. We negotiate payment processing agreements, advise on PCI DSS compliance, and address chargeback and fraud issues. We structure compliant payment flows protecting both merchants and consumers.

Marketplace Operations

Online marketplaces face unique liability and regulatory issues. We advise on marketplace liability under various theories, seller agreement terms, product safety responsibilities, and intellectual property compliance. We help platforms balance growth objectives with risk management.

Cross-Border Commerce

International e-commerce creates additional obligations. We advise on customs requirements, export controls, VAT and sales tax compliance, and country-specific regulations. We help e-commerce businesses expand internationally while managing compliance risk.

Privacy and Data

E-commerce involves extensive data collection subject to privacy laws. We advise on privacy policy requirements, data collection practices, and compliance with CCPA, GDPR, and other privacy frameworks. We help businesses use customer data effectively while meeting legal requirements.

Frequently asked questions

Enforceability depends on how terms are presented. Click-wrap requiring active acceptance is most reliable. Browse-wrap with mere notice faces scrutiny. We structure terms for maximum enforceability.

Requirements include pricing, shipping costs, return policies, and material terms before purchase. Specific requirements depend on products, location, and advertising claims.

After South Dakota v. Wayfair, most states require collection from remote sellers exceeding thresholds. We help implement compliant tax collection programs.

Marketplace liability continues evolving. Platform design, seller vetting, and terms affect risk. We help structure operations managing liability.

Consider export controls, customs requirements, VAT obligations, and country-specific consumer protection laws. Not all products can be sold everywhere.

CCPA, GDPR (if reaching EU consumers), state laws, and potentially industry-specific requirements. Privacy policies must accurately describe practices.

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