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Practices & Industries
 

e-Learning, Intellectual Property & New Media

Dow Lohnes lawyers have assisted in the design, development and implementation of many of the most innovative approaches to distance learning on a national and international basis. We were among the very first to recognize the vulnerability of e-learning to multi-jurisdictional regulations, and we have developed a sophisticated analysis of state rules for the regulation of online learning.

We represent clients on matters ranging from the protection, acquisition, licensing and use of intellectual property, to counseling and negotiations on matters affecting virtually every kind of new media and alternative technology, including computer and telecommunications systems, high technology, and the Internet. We not only have substantial expertise in copyright, trademark, libel, privacy and communications law, but we understand the technological and industry developments that are driving the changes in this dynamic area.

We have particularly unique extensive expertise in the increasingly important area of the licensure and authorization of educational services delivered across state and national borders, especially with regard to online learning. Dow Lohnes’s periodic survey of state regulation of e-learning, conducted in cooperation with the associations of state regulators, provides a knowledge base that is unequalled in the field. The most recent report on this survey is available here.

Dow Lohnes has long handled a wide variety of intellectual property matters. We offer a full range of services, from prompt and practical counseling on day-to-day operational questions to handling complex litigation. Our lawyers enjoy tremendous experience with technology transactions, negotiating acquisition, production, co-production, development and affiliation agreements in all media, including Internet, broadcast, cable, print and telecommunications. We also counsel clients on all aspects of copyright law, from fair use analyses to advice on compulsory licensing schemes, and we have one of the country’s most active trademark practices, currently prosecuting approximately one thousand applications before the Patent and Trademark Office. Due to our long experience in the postsecondary sector, our lawyers fully understand the unique circumstances and historical precedents that surround the role of faculty in developing – and that of institutions in distributing – courseware.

Our lawyers negotiate acquisition, development, distribution and licensing agreements relating to e-learning courseware, software and hardware, as well as the development and exploitation of content, e-commerce opportunities, website design and hosting, and every other kind of online and Internet arrangement. We advise our postsecondary clients on issues such as online privacy, security, and tort liability. The firm’s lawyers understand the underlying technology, governance and business issues that affect our higher education clients and take pride in providing creative, practical solutions to complex legal and business problems.

Dow Lohnes attorneys have developed an innovative marketing law practice that focuses on advertising law counseling and litigation, promotional contests and sweepstakes, telemarketing, and e-marketing. We have also gained significant expertise in the rapidly expanding area of privacy law, frequently assisting clients in drafting policies regarding online privacy and data collection practices, telemarketing and call center operations, and e-mail marketing.

 

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Publications

March 13, 2007: Salon.com Article: The suicide test

December 1, 2006: The State of State Regulation of Cross-Border Postsecondary Education