Practice Contact

Attorneys & Professionals

View List

Litigation

eCommerce Litigation

Vorys has a significant depth and breadth of experience in eCommerce litigation matters.  By leveraging the eCommerce industry insights and knowledge driven through globally-recognized Vorys eControl, our eCommerce litigation team brings thought-leading approaches and a solution-based approach to the broad –and ever-growing – spectrum of disputes faced by companies engaged in eCommerce.  We do not believe that any other firm can match our experience and success across every imaginable variety of eCommerce-related litigation, whether it involves enforcement against unauthorized sellers on third-party marketplaces; website data breaches; website accessibility claims; online advertising campaigns; trademark infringement; and other areas.  Our client base is vast – spanning numerous Fortune 500 branded manufacturers to start-ups across many different B2B and B2C product verticals.

Unauthorized Sales

Having created the eControl category, we are confident that we have conducted more unauthorized seller enforcement – including through litigation – than any firm in the world. We have the experience and systems that allow us to provide legally backed enforcement services at scale including, where necessary, through litigation.  To date, Vorys eControl has initiated more than 145 individual litigation matters against unauthorized sellers in over 30 federal courts.  Read more about Vorys eControl and unauthorized seller enforcement at vorysecontrol.com.

Trademark Infringement

Our intellectual property team has pursued a wide range of trademark disputes, including numerous disputes related to trademark infringement on various eCommerce platforms. Trademark infringement litigation is particularly important as companies strive to protect their brands across third-party marketplaces.  Our Vorys eControl team has represented hundreds of brands in federal courts across the country in pursuit of such violations. We also have an extensive history of securing impressive damages awards and permanently removing such trademark violators from online platforms.  Read more.

Antitrust & Competition

Our firm has a strong, nationally recognized civil antitrust practice that encompasses both litigation and representation of clients in connection with civil antitrust investigations.  We have represented companies in antitrust litigation related to eCommerce throughout the United States.  Cases have involved alleged price–fixing conspiracy claims and claims under the Sherman and Robinson–Patman Acts.

We regularly represent clients in litigation and investigations brought by the Department of Justice, Federal Trade Commission and state attorneys general, and in criminal grand juries and trials.  We have substantial experience in related trade regulation issues such as non-competition, trade secret and dealer termination litigation.  Read more.

ADA Violations

Brands engaged in eCommerce – especially direct-to-consumer websites – must adhere to website accommodation rules set forth in the Americans with Disabilities Act (ADA).  In addition to numerous court rulings, the Department of Justice has reaffirmed its stance that the ADA applies to websites, but has not issued specific regulations explaining what websites need to do in order to comply. In the absence of regulations interpreting accessibility mandates, businesses were directed to a set of Web Content Accessibility Guidelines (WCAG) developed by the World Wide Web Consortium, a non-profit organization dedicated to website accessibility.  Our eCommerce litigation team is experienced in counseling clients on website compliance and, where necessary, defending litigation brought for alleged accessibility issues. 

Counterfeit Products

Our eCommerce litigation team has substantial experience representing companies targeted by counterfeiters.  We have worked with numerous leading brands involved in eCommerce in bringing litigation and other enforcement actions against counterfeiters with the goal of removing such products from digital markets.

Internet Defamation

Our eCommerce litigation team has unique experience representing companies and individuals that are victims of online defamation.  We have developed legal solutions to a wide variety of negative situations that businesses and individuals face online designed to stop further defamation, end revenue drain and recover damages.

We have a team of eCommerce litigators with deep experience involving complex internet defamation. We have litigated several high profile and first-of-their kind defamation cases on behalf of businesses of all sizes. As thought leaders in the field, we have developed innovative legal tactics that have ended attacks and recouped lost revenues.  We have served as lead counsel in litigation in more than 25 states and handled more than 200 cases involving online defamation matters.

Privacy

Our attorneys have significant experience assisting clients in the development of comprehensive data privacy and security strategies, including online and mobile privacy policies and off-line procedures for – and governance of – collecting, storing and sharing customer information and other sensitive data, evaluating new products or services for privacy and security issues, and ensuring that these procedures support statements made in privacy policies.  We often train our clients’ employees on relevant privacy and information security issues, and negotiate appropriate contractual protections into agreements with vendors and service providers.  We also advise clients on privacy and security issues related to the Internet of Things and the collection and use of big data. We advise on proactive security enhancements, such as tokenization and point-to-point encryption; and conduct privacy risk assessments and gap analysis.  Our privacy litigation team also represents brands accused of non-compliance with the various privacy-regulations.  Read more.

Data Breaches

Companies engaged in eCommerce understand the risks associated with collecting, storing and using customer information.  We have assisted companies in dealing with all aspects of data breach scenarios, including managing forensic investigations of data breaches, crafting customer communications and media relations strategies, and responding to inquiries from federal and state officials and regulators.  We also have assisted clients by working directly with their acquiring banks and with credit card associations to resolve claims including fraudulent charges, and to reduce the liability arising from such claims.

We also have extensive litigation experience if and when claims are brought.  Our attorneys leverage their litigation skills and substantive knowledge of privacy and data security law to craft and execute litigation strategies best suited to our client’s ability to manage these issues. In addition, we have represented national clients before the Federal Trade Commission (FTC) in investigations of data breaches, assisted in concluding investigations without further action and, when necessary, negotiated the resulting consent decrees and advised on the compliance obligations imposed by those consent agreements.  Read more.

Online Advertising

False advertising claims are governed by a number of laws, including the Lanham Act (the federal trademark statute), as well as federal regulations and unfair competition, consumer protection, and copyright laws. Our attorneys have broad-based experience in the welter of statutes and other authorities that may affect false advertising claims. We often are asked to evaluate our clients’ proposed advertising materials for compliance with the law, to evaluate comparative advertising, and to assess the adequacy of the substantiation for comparative ads. We regularly work with our clients’ advertising agencies to ensure that brands are used, and promotional materials are created, in a manner that strengthens trademark value.  Read more.

Events