Consumer Retail

E-Commerce

As online platforms face growing global scrutiny, our multidisciplinary team provides them with the comprehensive legal services they need to keep growing and innovating.
E-Commerce

E-Commerce overview

E-commerce is transforming at an unprecedented speed, as digital innovation reshapes, streamlines, and reimagines the way businesses and consumers interact across global marketplaces. 

With the rapid expansion and increasing complexity of online platforms, White & Case stands as a trusted adviser to e-commerce companies, providing them with comprehensive legal services that cover regulatory compliance; including consumer protection, privacy and cybersecurity, IP, licensing, M&A, corporate matters, strategic alliances and capital-raising, and antitrust, trade and disputes representation.

Our top-ranked multidisciplinary transactional and disputes teams work collaboratively to advise online platforms on their often groundbreaking products, services and matters. Our team members include former senior government regulators and bankers, in addition to in-house payments and product development executives. Their experiences give us a deep understanding of the myriad issues that online platforms face as they develop new business models and products.

With our combination of deep legal knowledge and a thorough understanding of the digital marketplace, we offer tailored solutions that support the growth and innovation of e-commerce businesses. Our work includes:

  • Defending against claims brought against online market retailers, including those brought by consumer protection organizations in collective/class actions.
  • Defending online platforms in litigation concerning the use of user data (including claims for alleged GDPR violations) for advertising purposes and obtaining consent, requiring deep experience advising on compliance, regulatory and product counseling in relation to minors.
  • Handling the growing regulations and compliance that require online platforms and traders to verify consumer reviews and perform risk assessments to verify, source, publish and uprank/downrank consumer reviews.
  • Drafting consumer-facing disclosures detailing ranking parameters and other required information and providing risk assessments for price personalization strategies and developed compliance frameworks.
  • Developing cost-effective compliance strategies regarding regulatory obligations relevant to e-commerce providers, drawing on our extensive expertise and unparalleled knowledge of regulatory frameworks such as the EU’s Digital Services Act (DSA), Digital Markets Act (DMA) and the UK’s Online Safety Act.

E-Commerce experience

Amazon

Representation of Amazon in its appeal against the Commission’s decision to initiate proceedings in the ‘Buy Box’ investigation while allowing Italy to continue with its own investigation of the same issue. The General Court of the EU held that Amazon’s application for annulment is inadmissible because the carve-out produces no legal effects, but Amazon is now appealing this to the Court of Justice of the EU.

Qatar Investment Authority

Representation of Qatar Investment Authority in connection with an investment in new retail strategic opportunities fund sponsored by the Alibaba Group.

Temu

Representation of Temu, one of the fastest growing e- commerce platforms in the world, as lead counsel in Whaleco Inc. v. Shein Technologies in a DMCA, copyright infringement, trade dress infringement, and trade secret misappropriation case against e-commerce giant Shein.

Taiwanese Payments and E-commerce Company

Representation of a leading Taiwanese Payments and E-commerce Company with its market expansion in the United States, including assisting the company obtain money transmission licenses in all 50 states.

WhatsApp Inc.

Representation of WhatsApp Inc. as lead US antitrust counsel in the technology, commerce, and product investment and integration deals associated with the US$5.7 billion investment by Meta into Jio Platforms Limited. The signing of the US$5.7 billion investment agreement was dependent on agreement to the terms of the integration deal.

Suntrust

Representation of Suntrust in connection with providing financing for priority payment systems for the potential acquisition of merchant e-solutions from Cielo, a Brazilian financial institution.

Global E-Commerce Company

Representation of a leading Global E-Commerce Company on various matters, including on

  • the establishment of its seller lending platform in the UK; and
  • numerous Saudi, UAE, Egypt and wider Middle East data protection, payments, financial services (including with respect to BNPL),fintech, e-commerce, company law, corporate governance, restrictive trade practices questions, projects, matters and agreements.

Global E-commerce Company

Representing a Global E-commerce Company on various strategic technology and IP matters, including with respect to the protection, enforcement, and defense of its intellectual property. Our work includes identifying and protecting our client’s IP assets, navigating complex IP regulations, and offering strategic advice to enhance their competitive position in the marketplace.

Walmart Global eCommerce

Representation of Walmart Global eCommerce, as the primary patent, trademark and copyright counsel for their website www.walmart.com, the second largest e-commerce website in the US.

BHG Group

Representation of BHG Group, the consumer e-commerce company in the Nordics with sites including www.bygghemma. se, www.trademax.se and www.chilli.se, on the financing of the SEK 1,6 billion acquisition of 97.6 percent of Nordic Nest Group, a leading online player within home furnishings, with customers in 70 countries.

Global E-commerce Company

Representation of a Global E-commerce Company on developing data privacy, advertising and marketing strategy and compliance program under applicable data privacy laws including the California Consumer Privacy Action (as amended by the California Privacy Rights Act).

MrUsta Ltd

Representation of MrUsta Ltd, a fast-growing online marketplace for instant services booking based in Dubai, UAE, on the issuance of new shares representing 10% of its post-closing share capital to Majid Al Futtaim Technology LLC, one of the leading conglomerates in the UAE.

MFresh Holding

Representation of MFresh Holding, a Czech holding company active mainly in online e-grocery business, in its sale of 25% to METRO AG.

Travelport

Representation of Travelport, a leading distribution services and e-commerce provider for the global travel industry, in connection with its acquisition of Hotelzon, an online hotel booking technology provider for the B2B market, for an undisclosed sum.

Global E-commerce Company

Representation of Global E-commerce Company on developing data privacy, advertising and marketing strategy and compliance program under applicable data privacy laws including the California Consumer Privacy Action (as amended by the California Privacy Rights Act)

leading Taiwanese Payments and E-commerce Company

Representation of a leading Taiwanese Payments and E-commerce Company with its market expansion in the United States, including assisting the company obtain money transmission licenses in all 50 states.

Key contacts

Partner | Washington, DC

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