The “gig economy” features companies, typically platform-based companies, that offer independent contractor positions or freelance work as opposed to traditional permanent employment. This booming sector of the economy has fundamentally changed the transportation, hospitality, and logistics industries. Galloway Johnson Tompkins Burr & Smith attorneys understand that platform-based and gig economy companies operate under models that may not fit into traditional legal categories, and defense strategies must accurately reflect how the proprietary technology works.
Platform-based companies within the gig economy are experiencing staggering growth, and with it, increasing legal exposure. Galloway defense attorneys implement effective, innovative strategies that accommodate quick learning and are on the cutting edge alongside the platform’s tech.
Key Issues Faced in Gig Economy Defense
- Worker classification and regulatory matters: defense of allegations by accurately explaining platform functionality, independent contractor autonomy, onboarding, and policy frameworks to courts and agencies.
- Terms of service and product design: drafting and enforcing platform terms and user agreements to reflect current operations and risk tolerance, while preparing for discovery and motion practice built on the platform’s actual features and data flows.
- Brand and privacy defense: discovery strategies that protect trade secrets, commercially-sensitive information, and user privacy, balancing disclosure obligations with competitive and security considerations.
- Venue strategy and pace: early assessment that accounts for venue and jury dynamics, and a matter cadence that keeps pace with product updates and operational changes common to modern platforms.
Services & Capabilities
Galloway understands that because of the diverse community of app-based businesses within the gig economy industry, there is no “one size fits all” legal strategy for these companies. Each platform provides unique services and faces unique challenges, so agreements and contracts are likewise unique. Our attorneys tailor our platform and gig economy defense by asking immediately:
- What is your company’s mission?
- How do you want your company’s brand to be conveyed through our legal services?
- What is your company’s risk tolerance?
- What are your localized, national, and international concerns?
In addition to our representation of large, established platforms, we can also advise and represent early-stage startups facing their first regulatory inquiry.
Our team defends misclassification and personal injury claims, conducts compliance audits, and navigates government investigations for platform businesses, with class action defense capabilities and proactive risk mitigation. We advise platforms across the transportation, delivery, hospitality, and marketplace sects by aligning strategies to each product’s specific features. Because our clients often value the nationwide ramifications of gig economy claims, we also provide key insight on jury patterns and trends. Clients rely on Galloway’s early case assessment, responsiveness, mediation experience, venue knowledge, and trial readiness.
The Evolving Regulatory Horizon
The regulatory environment that governs gig economy businesses is actively contested and constantly reconstructed in real time. State legislatures are passing conflicting laws. Courts are issuing decisions that reshape the landscape, only for appellate courts to reverse course. Each state is unique in its early attempts to regulate gig economy platforms. Galloway attorneys recognize that one of the unique challenges in representing gig economy and platform companies is the pace of legal change. This is where our Firm distinguishes itself and provides significant value. We actively monitor these developments for our clients across the Gulf South and Midwest, and translate them into practical, actionable guidance for our clients.
We monitor relevant jury verdicts, maintain relationships with policymakers and industry leaders, and contribute to the policy debate that will define the legal environment for the next generation of gig economy businesses. As the law and regulations evolve, our clients are prepared, informed, and positioned so business operations can avoid disruptions and they can focus on their next innovation.