E-Commerce And Internet Law

At Hartman & Winnicki, P.C. our E-Commerce and Intellectual Property Law Group handles complex licensing transactions for computer software developers, Web site development companies, clients who are purchasing software licenses, and clients who are undergoing computer upgrades and systems integration. The Firm not only handles the information technology issues for its clients, but also renders a full range of general corporate legal services, from business formation, incorporation, employment agreements, shareholder agreements to incentive stock option agreements.  We also handle litigation for breach of contracts, employment claims, commercial claims and tort issues.

The Firm's E-Commerce and Intellectual Property Law Group is devoted to keeping abreast of the latest developments in the new emerging practice area known as "Internet Law." Since there is relatively little statutory or decisional law, the practitioner must have a careful understanding of the laws that do exist, as well as the disciplines from which the foundation for Internet Law is being formed, such as, copyright law, trademark law, First Amendment law, privacy law, trade secret law, commerce clause law, licensing law and commercial law generally.

Never before have issues of personal jurisdiction, trademark, copyright, confidentiality and defamation been so important to the business client. For instance, a company's Web site may create personal jurisdiction in all 50 states. Moreover, any employee has the ability to publish (internally or to the world) material which infringes on another's copyrights or trademarks, or which is defamatory, exposing his employer to potentially enormous liability. The Firm's Internet Law Group renders advice to its clients on these issues. The Firm can advise its clients on how to reduce legal exposure when posting a Web site, and on the importance of registering an Internet domain name as a trademark (to preserve the company's product or service mark).

We also advise our clients on how to preserve their legal status of their valuable trade secrets which are kept on their computer systems or transmitted by e-mail over the Internet. Our clients also seek our advice with respect to adopting e-mail policies concerning the company's computer network and monitoring employee e-mail for discriminatory, harassing or obscene messages, or for violation of confidentiality policies of the client.
 

Intellectual Property Law

In addition to the intellectual property advice described above, the Firm provides traditional intellectual property law services, whether furnishing advice on trademark and copyright registrations, counseling on protecting trade secrets, litigating patent disputes, drafting non-disclosure agreements, preparing trademark and copyright assignments and licenses, and writing work-made-for-hire agreements.


Litigation for the 21st Century

When a dispute arises, it is essential that counsel assess the situation, recommend an advantageous course of action and implement the litigation strategy quickly and efficiently. Hartman & Winnicki's Litigation Department represents the firm's clients in Federal and State trial and appellate courts, in municipal courts, before administrative tribunals and in arbitration and other dispute resolution proceedings in both New Jersey and New York.

We advise clients on the most effective way to manage disputes, seeking to prevent them before they arise and, when they do arise, to resolve them in a timely, cost-effective manner consistent with the clients' objectives. Accordingly, we take pride in our skills both in trying cases, where appropriate, and in taking creative approaches to resolving disputes when our clients' interests would best be served by avoiding trial.

We live in an age of exponential technological change that can have unforeseen impacts upon business practices or legal strategy. Electronic communication and digital information storage and retrieval systems present increased layers of problem solving.  Evidence is now increasingly "E- Evidence" that can only be identified and considered by attorneys who understand the technology used in electronic commerce and transactions.  Litigation outcomes and cost effectiveness increasingly turn on the attorney's ability to understand a client or opponent's use of technology systems in business practices, pension, tax and/or estate matters, and personal home environments.

Technology used today for communication and business information storage is increasingly recordable, and, therefor, discoverable. As the recent case law around the nation demonstrates, all communication is at risk of being subpoenaed in the process of legal discovery and, potentially, used as evidence in litigation. New discovery practices are a powerful tool for those involved in litigation who can understand the technology and apply it to the lawyer's tasks for the client.

In the sphere of digital discovery there are few guidelines established. The better your lawyers understand the issues and associated risks, the better they will be able to use traditional legal skills to find the "smoking gun" you need to win your case, fend off an adversary's improper discovery demands, and make your viewpoint clearly understandable to Judge and Jury.   Hartman & Winniki, P.C. has a uniquely experienced team of attorneys who are proficient in both traditional litigation skills and the modern skills needed to achieve results for our clients in the digital information age and the electronic evidence needed to win in court.  Please review the biographies of our attorneys at the link below and contact us for more information on digital discovery and litigation in the age of electronic evidence.

Commercial Litigation

The firm's attorneys have represented traditional and "new economy" commercial entities, fiduciaries, charitable institutions and foundations, and government entities and individuals in a broad variety of business disputes.  Our experience includes contract litigation, shareholder and partner disputes, creditors' rights and bankruptcy, commercial landlord-tenancy matters, environmental disputes, securities matters, real estate and land use litigation, ERISA and employment matters, just to name a few. Our attorneys' appreciation of the subtleties and complexities of traditional and digital age business issues affords our clients the full benefit of a sophisticated commercial practice.

Our commercial clients have included publicly traded and closely held corporations, partnerships, limited liability companies, and other businesses entities and individuals in various industries, including banking, manufacturing, real estate development, environmental service, high-tech, retailing, construction, health care and various service industries. We have also represented many other types of entities such as trusts and condominium associations.

Trust and Estate Litigation

Because of the firm's strength and history in the fields of estate planning and estate administration, our litigators regularly handle trust and estate litigation, representing fiduciaries, beneficiaries and other interested parties in the full array of litigation matters that may arise in the course of trust and estate administration. Our litigators, in addition to having their own substantial experience in such matters, are able to draw upon the strength of our Tax & Estate Planning Department to provide the highest level of service in this area. Such matters include:

• Estate litigation involving Will contests and Will construction, defense of fiduciaries, spouse's elective share and creditors' claims.
• Trust litigation involving trust contests, trust construction, trust modification, revocation and termination, removal of trustees and actions to determine the distribution of income and/or principal.
• Guardianship litigation involving competency proceedings, and appointment and removal of guardians.

Any client may suddenly find him or herself faced with the prospect of having to wade through the bankruptcy process as a creditor. Because of this, the attorneys at Hartman & Winnicki are experienced in representing creditors in bankruptcy proceedings to ensure that clients' interests are protected throughout the bankruptcy process. Although our attorneys have represented bankruptcy creditors in a broad array of circumstances, our attorneys have developed a particular degree of experience representing commercial property owners. Because of the diverse nature of the firm's commercial practice, our clients who find themselves embroiled in bankruptcy proceedings as creditors benefit from the varied experience of the attorneys in each of our practice areas.

Other Litigated Matters

Because litigation in today's world can take on virtually any shape and form, our attorneys are prepared to handle a large assortment of other litigated matters, including, by way of example, employment related matters, white collar criminal defense (including computer and Internet  related criminal charges), prerogative writs and appeals from land use board or environmental agency real estate development applications, tax sale certificates, foreclosures, restrictive covenants, defamation, intellectual property, secured transactions, digital signature, and Uniform Commercial Code (U.C.C.) matters.

Appeals

Our attorneys have substantial experience representing litigants before appellate tribunals in both State and Federal Courts. The art of appellate advocacy can sometimes be an essential element in finally vindicating a client's legal rights. Because some attorneys do not handle litigation beyond the trial stage, some clients may find themselves having to seek new counsel if a matter proceeds to appeal. Hartman & Winnicki's experience in appellate litigation enables the firm to provide clients with the full complement of litigation services.

Alternative Dispute Resolution

In many instances the best, least expensive and most efficient way to resolve a dispute is to do so without resort to the courts at all. The attorneys at Hartman & Winnicki can advise clients as to the many alternatives to litigation, including such well known options as arbitration and mediation, as well as lesser known ADR techniques.