E-Commerce and Electronic Payments

Our Technology and E-Commerce Team is well versed in the business and legal issues affecting companies engaged in technology transactions and electronic commerce. These include dealing with the issues arising in the context of doing business over the Internet, electronic payments transactions, electronic payment networks and payment card processing and systems. In particular, our lawyers have experience with:

  • Purchases and sales of portfolios of credit card processing contracts and related assets.
  • Strategic relationships involving parties engaged in the payment card industry.
  • Analysis of issues related to the introduction of new types of payment products.
  • Implementation of mobile commerce products and services, including establishing relationships among various application and infrastructure partners necessary to implement m-commerce products and services and among various commercial customers of m-commerce products and services.
  • Analysis of issues and implementation of solutions related to stored value cards, including structuring of arrangements to address “breakage.”
  • Sophisticated technology and intellectual property licensing arrangements related to e-commerce businesses.
  • Web hosting and application development contracts specific to products and services offered over the Internet.
  • Substantial familiarity with the patent and intellectual property landscape related to payment cards, electronic payments and related financial services products.
  • Advising on the implication of banking and financial services laws and regulation to bank and non-bank financial services companies.

Mobile Commerce

Mobile commerce (m-commerce) transactions typically involve three or more party engagements covering several disciplines, including e-commerce and electronic payments, infrastructure outsourcing and software acquisition and implementation, intellectual property, and wireless (cellular) and wire line telecommunications. Accordingly, companies entering into m-commerce transactions require an integrated approach and a law firm like Sutherland that can provide an integrated solution while bringing to bear experience in each discipline comprising the transaction.

 

We assist clients in all facets of m-commerce transactions, including:

  • Structuring and negotiating customer and supplier m-commerce agreements, including:
    •  joint marketing agreements
    • carrier agreements
    • software acquisition and implementation agreements
    • manufacture and supply agreements
    • infrastructure outsourcing agreements
    • payment processing agreements
    • financial institution and network agreements
  • Development of form customer and supplier agreements for m-commerce solution providers.
  • Providing legal staff augmentation/subject matter experience in the areas of e-commerce and electronic payments, infrastructure outsourcing and software acquisition and implementation, intellectual property and telecommunications.

 

© 2010 Sutherland Asbill & Brennan LLP