Often working closely with the firm’s Intellectual Property & Brand Management Group, the Internet Law Practice Group was launched with the intention of resolving a variety of online technology, advertising, e-commerce and free speech-related legal issues for our clients.
Led by Chair Joel MacMull, who also leads the firm’s Intellectual Property & Brand Management practice, the overlap and synergies between the two practice areas allows the firm to address a variety of client needs efficiently and effectively.
Mandelbaum Barrett PC’s attorneys represent clients in Federal Trade Commission and other governmental actions involving a variety of claims, including deceptive online advertising and the breach of privacy laws. We also advise clients on the implementation of thorough preventative measures to avoid regulatory investigations.
In addition to defending clients in government investigations at both the state and federal level, the firm represents companies engaged in Internet marketing, including affiliate marketers and networks, ad tech providers, and others in both litigation and transactional work.
Complying with the complex web of state and federal privacy and data security laws is more important than ever, considering the increasing risk of government enforcement and consumer class actions. We help clients navigate this challenging legal landscape of privacy law acronyms (CCPA, CPRA, GDPR, GLBA, HIPAA, etc.), with a sharp eye on our clients’ business needs. We also defend clients in class action lawsuits resulting from alleged privacy law violations and data breaches.
The firm’s Internet Law Practice Group crafts terms and conditions of use, privacy policies and other key website agreements. We also conduct general Internet law compliance reviews of our clients’ websites and mobile applications.
• Roca Labs, Inc. v. Consumer Op. Corp., 140 F. Supp. 3d 1311 (M.D. Fla. 2015) Represented interactive computer service provider against nutraceutical weight loss manufacturer’s claims of, among other things, tortuous interference because defendants knowingly maintained negative posts on their website in violation of a “gag clause” appearing in plaintiff’s sales contracts with its customers. In response, the Court issued a resounding dismissal of each of plaintiff’s twelve claims, finding that all of them were barred under section 230 of the Communications Decency Act of 1996, 47 U.S.C. § 230 (“CDA”).
• Ascentive, LLC et al. v. Opinion` Corp. et al., 842 F. Supp. 2d 450 (E.D.N.Y. 2011). Plaintiffs moved for preliminary injunction to disable client’s webpages containing negative reviews of their products. The Court denied the motion on grounds that (i) there was no likelihood of confusion between plaintiffs and defendants’ marks; (ii) defendants were entitled to immunity under the CDA; and (iii) manufacturer and developer failed to establish that defendants engaged in federal racketeering acts.
Joel MacMull Participates in Panel at the 140th INTA Annual Meeting in Seattle
May 22, 2018
Joel MacMull, Vice Chair of the Firm's Intellectual Property & Brand Management Practice Group, participated in a panel discussion at the 140th INTA Annual Meeting, taking place in Seattle on Disparaging Marks and Mascots.
Appellate Division Weighs Public Contract Bid Rules in Issue of First Impression
December 5, 2023
On November 30, 2023, the Appellate Division affirmed the Camden County trial court’s decision in Ernest Bock & Sons-Dobco Pennsauken Joint Venture v. Township of Pennsauken and Terminal Construction Corp., holding that the New Jersey Public Works Contractor Registration Act, N.J.S.A. 34:11-56.48 to -56.57 (“PWCRA” or the “Act”), applies to a joint venture formed for […]
Raj Gadhok to Present for NJICLE’s “What is a Tevis Claim and What Does it Mean for My Divorce?
November 20, 2023
Navigating divorce cases in New Jersey often involves addressing domestic violence and abuse allegations. This is where the Tevis Claim often comes into play. It is essentially a personal injury claim you can bring against your spouse in the divorce complaint if instances of domestic violence have occurred. While opting for a Tevis Claim has […]
Going Green and Staying Out of Legal Trouble: The Art of Green Marketing
November 17, 2023
In today’s environmentally conscious world, green marketing has become a significant trend for businesses aiming to attract eco-minded consumers. Companies often use eco-friendly claims to promote their products and services, but they must tread carefully to avoid lawsuits and maintain their reputation. In this blog, we’ll explore green marketing and suggest some steps companies can […]
Client Alert: Corporate Transparency Act
November 16, 2023
On January 1, 2024, the Corporate Transparency Act (the “CTA”) will become law and will impose reporting obligations which will impact millions of small businesses across the United States. It is critical for business owners to understand the CTA reporting requirements as failure to comply can result in both civil and criminal penalties. If you own […]
Your Health, Your Choice: A Guide to Medicare Open Enrollment
November 7, 2023
The Medicare open enrollment period runs through December 7th, 2023. Medicare adjusts costs, coverage, and accepted providers on an annual basis. If you have received “Evidence of Coverage,” or an “Annual Notice of Change,” from Medicare, now is the time to review your coverage, and, if necessary, make changes to your Medicare healthcare plan to better […]
Three Major Differences Between Recourse and Non-Recourse Loans
November 1, 2023
Borrower / Guarantor Liability Recourse – The borrower (or guarantor) is personally liable for the full amount of the loan, including any debt remaining after the collateral is foreclosed upon and sold. To satisfy the remaining debt, the lender can look to the individual assets of borrower (or guarantor). Non-Recourse – The borrower (or guarantor) […]
Chris Zona: Becoming a Trial Attorney
October 30, 2023
Despite the absence of legal role models, Chris Zona’s ambition as a trial attorney persisted. Immersed in civil and commercial law from an early age, Chris remained resolute. As a Senior Special Prosecutor, he broadened his horizons, delving into civil and commercial law. Join Chris in this exclusive feature, tracing his trajectory from law school to his adept handling of diverse cases, from serious felonies to complex white-collar offenses and healthcare law.
Navigating Back-to-School Safety: Preventing the Most Common Injuries
August 13, 2023
As the school season kicks into gear, safety should be at the forefront of everyone’s minds. At Mandelbaum Barrett PC, we are committed to ensuring your children have a safe and joyful academic year. While schools are expected to provide a secure learning environment, the reality is that unintentional injuries can occur on school grounds, around buses, and even in the neighborhood. It’s a collective responsibility of parents, students, school staff, and the community to take proactive measures to safeguard our children.
Navigating the Shifting Terrain of Subchapter V: Vincent J. Roldan Sheds Light on Conflicting Court Rulings in the ABI Law Journal
June 26, 2023
Discover the latest in the still-evolving landscape of Subchapter V. This insightful article, published in the American Bankruptcy Institute Law Journal, examines the application of nondischargeability provisions to corporate debtors. Written by Vincent J. Roldan, a Partner in Mandelbaum Barrett PC’s Bankruptcy and Creditors Rights, and Banking and Financial Services groups, this piece sheds light on conflicting court […]
Insights from William Barrett: New York County Dental Society Article Explores Cybersecurity Risks in Dental Practices
June 22, 2023
Dental health professionals handle a vast amount of sensitive patient data, ranging from personal information to medical records. To protect themselves and their patients, it’s important for them to understand cybersecurity risks and take appropriate measures. Staying aware of the latest threats and trends is crucial for adequate protection. Learn about some of the ways […]
Professional Liability Insurance for Dentist Owners: Types of Coverage Recommended
March 23, 2023
As a dentist owner of a practice, your top priority is to provide quality dental care to your patients. However, despite your best efforts, malpractice lawsuits can still occur. Therefore, it is crucial to have professional liability insurance to protect yourself, your practice, and your employees from the financial burden of a lawsuit. In this […]
Filial Responsibility: Requiring Adult Children to Pay for Aging Parents’ Care
July 6, 2022
Did you know that in many states you could be responsible for your parents’ unpaid medical bills? In fact, more than half of all states currently have laws making adult children financially responsible for their parents, including their parents’ long-term care costs. However, these laws are rarely enforced. Notably, New Jersey does not have filial […]
Top 5 Tips for Commercial Real Estate Brokers for Achieving Better Exclusive Listing Agreements
July 5, 2022
Any Exclusive Listing Agreement should cover both a sale and a lease. Deals change and you want to be protected for either scenario. The Exclusive Listing Agreement must have a definitive end date and cannot contain automatic renewals. As to payment of the commission on a sale, include language that the commission will be paid […]
The Tax Consequences of Selling a House After the Death of a Spouse
July 5, 2022
If your spouse dies, you may have to decide whether or when to sell your house. There are some tax considerations that go into that decision. The biggest concern when selling property is capital gains taxes. A capital gain is the difference between the “basis” in property and its selling price. The basis is usually […]
WHAT IS THE AMERICAN ACADEMY OF MATRIMONIAL LAWYERS AND WHY SHOULD YOU HIRE ONE OF THEIR FELLOWS?
July 5, 2022
AAML is a national organization with chapters in most states. There are approximately 1,650 Fellows in the United States and 52 Fellows in New Jersey. Our Family Law Co-Chair Lynne Strober is proud to be one of those Fellows. The AAML is dedicated to providing and promoting the highest degree of professionalism and excellence in […]
Spring 2022 Vet Law Newsletter
March 24, 2022
Momentum: Our Year in Review
March 24, 2022
These stories are successful case results from our attorneys. Please note that results may vary depending on your particular facts and legal circumstances.
Top 3 Things to Note as a U.S. Copyright or Trademark Owner in 2023
June 9, 2023
Joel MacMull shares his insights from the International Trademark Association’s (INTA) Annual General Meeting in Singapore. Discover the top 3 issues for U.S. copyright and trademark owners in 2023, including unconventional trademark uses, the extraterritoriality of the Lanham Act, and a significant New Mexico case.
Joel G. MacMull Explores the Potential Traps of AI in the Legal Field for the New York Law Journal
May 22, 2023
MacMull offers valuable insights from his article “AI and Practicing Law: Potential Traps for the Unwary,” covering crucial aspects such as privacy concerns, issues of quality, loss of goodwill, and intellectual property considerations. Gain a comprehensive understanding of the challenges faced by legal professionals in navigating the intersection of AI and law.
Joel MacMull and Brian Block are celebrating a significant win in recovering attorneys’ fees in connection with a contempt proceeding brought on behalf of one the firm’s clients.
April 7, 2022
Mandelbaum Barrett PC’s Intellectual Property, Brand Management and Internet Law Practice Group is well-positioned to assist clients in a variety of cutting-edge intellectual property and brand management issues. https://lnkd.in/d5X5V-Dm