AdTech & Digital Media

The novel legal issues created by the flourishing of AdTech and Digital Media over the past decade demand lawyers who can keep pace. From its inception, Arnold & Porter has counseled entrepreneurs and established companies as they navigate industry transformations and changing regulatory landscapes. Our fully integrated transactional, litigation and regulatory attorneys, and our legislative and public policy team, can steer clients safely through their challenges and opportunities, including corporate events such as M&A, financings and strategic partnerships, HR and IP matters, data privacy and security, antitrust, FTC and FCC matters, First Amendment and defamation matters, litigation, and legislative and public policy changes impacting the AdTech and Digital Media industries.

Global Reach: We help clients in the US, UK, EU, and Asia establish and operate technologies; buy, sell and finance companies; navigate changing regulatory landscapes; and enforce and defend their legal rights in the AdTech & Digital Media area.

Business and Technical Savvy: Our in-depth understanding of our clients' business imperatives and technology enables us to develop and execute on practical legal strategies and tactics and navigate changing regulatory and business landscapes.

Well Connected with the Government: Our legal team and legislative and public policy group includes attorneys who have held senior positions in Congress and in government agencies, and positions as senior international officials.

Experience Highlights

    • Aarki Inc., an ad technology company, with respect to formation, financing, and strategic transactions and its M&A exit.
    • AT&T in relation to its acquisition of AppNexus, a leading global advertising marketplace that provides enterprise technology products for digital advertising, serving publishers, agencies and marketers.
    • Cadent in a broad range of advice and counsel related to programmatic and addressable advertising, including two successful trade secrets cases.
    • CuriosityStream, the first streaming media company devoted to factual entertainment, in its combination with Software Acquisition Group, Inc., a special purpose acquisition company, at an equity valuation of $512 million.
    • DSPolitical, a digital advertising firm, in its sale to Optimad Media, a marketing solutions provider serving customers in the consumer packaged goods and film and entertainment industries.
    • HarperCollins Publishers and Penguin Random House in multiple private retailer litigation matters following federal and state government investigations into the sale of eBooks. DNAML PTY, Limited v. Apple, Inc., Abbey House Media Inc. v. Apple Inc., and Diesel Ebooks, LLC v. Apple Inc., et al.
    • One of the country's largest digital news platforms in multiple litigation and pre-litigation matters involving defamation, reporters' privilege, copyright, trademark, and the Americans with Disabilities Act.
    • Random House Inc. in successful defense of a class action complaint brought in the US District Court for the Southern District of New York by retail booksellers, alleging that Amazon.com and major publishers of electronic books conspired to prevent retail booksellers from selling electronic books by agreeing to use digital rights management software proprietary to Amazon, which prevents Kindle owners from purchasing electronic books from sources other than Amazon. On a motion to dismiss, obtained dismissal with prejudice of all claims against defendant publishers. The Bookhouse of Stuyvesant Plaza, et al. v. Amazon.com et al. (US District Court, SDNY).
    • WarnerMedia and HBO Max in currently pending VPPA class action litigation relating to the use of data pixels (SDNY).
    • Yelp Inc. and three of its senior officers in a 10b-5 securities class action in the US District Court for the Northern District of California that involves Yelp's revision of forward-looking guidance and related disclosures.
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