Our integrated global Video Games Practice combines our deep industry knowledge with a market-leading Data & Technology practice to advise the world's leading mobile gaming companies, game distribution platforms, app distribution platforms, game developers, game publishers and AR and VR companies. The video games industry with its steady growth has surpassed most other sectors in the entertainment industry by revenue. With these numbers, it is not surprising that not only traditional video games companies but also many of the big tech companies have significantly invested in this sector with new trends, technologies and business models emerging.
The other side of the story is that with this increased growth, public, political and regulatory scrutiny of the sector has significantly increased. In recent years, video games companies have experienced heightened regulatory scrutiny from a consumer, youth protection, antitrust, data protection and consumer law perspective among other legal areas. We provide the full range of legal services for clients in the interactive entertainment industry, including video game development, publishing and distribution. Our clients benefit from our full-service capabilities and global cross-practice advice, including our media, entertainment, technology, M&A, employment and intellectual property law expertise, as well as ground-breaking experience and the technical skills to provide commercially viable advice.
Data Security
We advise on all aspects of data protection law, including policy drafting, data transfers, employee and player data, evaluation of player behavior, chat monitoring for the prevention of cyber-grooming, data processing agreements and entire compliance projects.
IP
We advise on all aspects of obtaining, protecting and enforcing your trademark, copyright and patent rights including development agreements, trademark use within video games, securing trademarks, IP issues in relation to the use of cheats, notice and takedown procedures, IP enforcement and disputes, Let's Play videos, and violation of non-disclosure agreements.
Patent Litigation
We have litigated several patent infringement cases for one of the world's leading video game hardware and software companies in United States district courts, before the Federal Circuit, and in the United States Supreme Court. Our experience includes a wide range of videogame-related technologies including hand controller hardware and software, console hardware and software, augmented and virtual reality (AR/VR), and stereoscopic (3D) technology.
Youth Protection
We provide multijurisdictional advice on contentious and non-contentious youth protection matters, including due diligence on youth protection and age-gating requirements, advertisement restrictions and appeals of age-rating or other youth-protection-related classification decisions. We advise on matters around International Age Rating Coalition (IARC), youth protection on digital platforms and setting up self-tailored classification solutions, including negotiating with the relevant regulators.
E-Commerce and App Commerce
We advise mobile game developers and digital game distributors on all aspects of e-commerce and consumer law, including terms and conditions, right to withdrawal, in-game purchases, geoblocking, digital content directive and advertisement restrictions.
Gambling Law
We act for gaming companies on contentious and non-contentious gambling law matters involving loot box investigations and restrictions in several jurisdictions, e-money, payment requirements and advertisement restrictions in particular with regard to gambling sponsors on e-sport events.
Video Games as a Streaming Service
We advise on all issues, including IP matters, regulatory questions, youth-protection matters and questions of data ownership with regard to disputes between the video game streaming platform provider and game developer.
Employment
We advise gaming companies on all aspects of traditional employment law, including compensation questions, co-determination rights, employment contracts, and recording times of employees to meet regulatory requirements and unionization.
AR/VR
We advise clients on a variety of matters such as requirements for exhibitions, data protection, trademarks and IP questions for machine learning algorithms, and age gating requirements.
Tax
We act on tax-driven IP restructurings and migrations, transfer pricing, tax incentives and funding options in the gaming space.
M&A and Capital Markets
As one of the most active law firms in M&A and capital markets in the video games industry, we have a dedicated team of M&A lawyers with a specific focus on transactions in the gaming space. We have closed deals of all sizes and work with a number of video gaming companies with their IPOs or private placements.