We helpcompanies safely and securely do business on the web, in accordance with applicable law. How? By helping them reduce risk. Privacy and security compliance issues are merely a subset of legal issues that online businesses face. This is equally true for eCommerce sites as it is for healthcare providers, facilities, and vendors. There is simply no way possible to eliminate all risk or legal liability. Even if it were possible it would be cost prohibitive for all organizations. Our primary risk reduction strategy is quite simple to state but like many things in life, not quite so simple to execute, and that is: “an ounce of prevention is worth a pound of cure.”
Litigation is a “black hole” money pit. If you are forced to defend a suit it is certainly going to ruin your day. If not quickly settled (where possible), it is likely to result in significant stress and expense, and potential bankruptcy. If you are interested in bringing an action, you need to be aware upfront that it is likely to cost far more than you expected, and certainly, for most small businesses, far more than they can afford. In short, small online businesses mostly need a defensive legal strategy, one that significantly reduces their risk of getting sued, while at the same time protecting their own intellectual property in a cost effective manner.
If the medium is the message then what you do with the medium needs to be protected. Furthermore, how you use the medium must be constrained within the boundaries of applicable law. Fortunately, these boundaries are broad enough to allow the creative expression that has fueled explosive growth online, but there are limits. Unfortunately, these limits are often amorphous with few "bright lines." We help clients stay within these boundaries and enforce their legal rights when others cross them. While our practice is mostly transactional, we will work with local co-counsel to help bring or defend an infringement action when that is the only reasonable option available, after all other options have been exhausted.
We know the web. Carlos Leyva was a veteran of the technology industry before practicing law. Our business, the delivery of “digital law” professional services, is almost exclusively an online business. The issues that affect our clients affect us as well. The web is where we work. It is the place that we spend the lion’s share of our waking hours: researching legal issues, interacting with clients, and (where applicable) filing and responding to litigation as part of extended legal team.
It is also, more and more, the place we turn to for entertainment. In short, like the majority of our clients, we do business on the web and “live and play” there as well. It is collectively our community and we help clients resolve (and prevent) legal disputes that arise therein. If we can help with your legal issue we will provide you with a clear plan regarding how the objective will be accomplished. If we can't, we will be happy to refer you to an attorney that has the specific expertise that you require.
The most effective outcomes, from both a legal and business perspective, come from strong collaboration with our clients. We take the time to understand your business and your value proposition so that we can better serve your needs. Our role as counselor (and litigator when appropriate) is enhanced the more we know about your business objectives. Sure, we will respond when there is trouble, but we will also work diligently with you to add value long before trouble arises, despite the fact it is not always possible to anticipate when and how it might be manifested.
The web is ultimately a small community and news travels fast. Just because you can do something from a legal perspective doesn’t always mean that you should. You may want to reconsider your options based upon any number of factors, including how your customers (and the marketplace in general) are likely to respond. Your legal strategy must be integrated with your business strategy and decisions must be made within this context. We know the web, but no one knows your piece of it as well as you do.We work with you to ensure that your legal strategy and your business objectives are aligned.
Look before you leap. Ask the right questions of any law firm you want to engage. The legal industry is still struggling with the "efficiency paradox." The historical perception was that the more efficient a law firm becomes, the less money it makes via billable hours (i.e. because efficiency, by definition, means less hours). This is the conventional wisdom, the industry’s not so well kept "dirty little secret." This logic is fatally flawed in the age of globalization. We believe in efficient and effective delivery of legal professional services, and that the two are strongly correlated.
Sure, we still bill by the hour where that makes sense (but at far more competitive rates), but not to reinvent the proverbial wheel. We are also willing to explore additional value based billing (see our Fixed Fee Packaged Services) and other mutually agreed upon alternatives, depending on the nature of the engagement. In short, we expect to earn the right to be your preferred digital law provider by delivering high quality and competitively priced legal services.