If you have a brokerage account, a cell phone contract, or a credit card; if you subscribe to DirectTV or cable; or purchase any one of thousands and thousands of products or services, the contract you sign or the purchase you make likely includes an agreement to arbitrate any dispute between you and the provider. […]
Mind Your Formalities
Forming a corporation or a limited liability company to operate a business is an excellent way to insulate the owners of a business from personal liability. For the sake of brevity, I’ll refer to both corporations and LLCs interchangeably as an “entity”. In essence, a corporation or LLC stands between a business owner and his […]
Scam’s the Word
A recent edition of The New York Times explored the psychology of the con; the character traits that make us susceptible to con artists. It’s not greed, although that often plays a part. A bigger factor is the desire to trust and be trusted. Almost as if on cue, an email popped into my in-box […]
Downward Dog and Copyright
A recent decision from the Ninth Circuit Court of Appeals does a fine job of explaining what can be copyrighted, and why. Bikram Choudhury is a world-famous yoga instructor. Originally from Calcutta, Choudhury hit it big in Los Angeles with a form of Hatha Yoga that became known as “hot yoga” because of Choudhury’s practice […]
The Case of the Dancing Baby
In 2008, Stephanie Lenz posted a video to YouTube of her toddler son dancing to a tune by the artist formerly, and once again, known as Prince. The tune was Let’s Go Crazy, and the video was titled “Let’s Go Crazy #1”. Universal Music Group issued a takedown notice under the Digital Millennium Copyright Act […]
On-Line Legal Services – A Pig in a Poke?
Invitations to seminars, panel discussions and continuing legal education courses rarely rate more than a glance, but this morning, one really caught my eye. It’s title: “Baby Boomers, the Age Wave and the Commoditization of the Practice of Law: How to Survive the Storm”. The overview describes how Rocket Lawyer, Legal Zoom and other form-based […]
Enforcing Confidentiality Agreements
Confidentiality or non-disclosure agreements are a useful tool for businesses that depend on proprietary information, such as manufacturing processes or computer code, or confidential information, such as pricing, marketing plans and customer specifications. For purposes of this discussion, it is important to understand the difference between “binding” and “enforceable”. Binding Confidentiality Agreement A confidentiality agreement […]
This Is What I Do
I form and register business entities, including corporations, partnerships and limited liability companies, in all 50 states. I help my clients identify the entity structure that best meets their needs. Business Operation Documents and Agreements I structure and draft corporate governance documents, such as articles of incorporation, by-law, operating agreements and buy/sell agreements. These documents […]
Third Party Content on Your Website
“Third party content” is material on a website that is not created by the site owner. Reader comments, guest blog posts and web forums are all examples of third party content. An important protection for site owners that allow third party content is Section 230 of the Communications Decency Act. Communications Decency Act 230 Section […]
DMCA Takedown Service Explained
The advertising of just about everything now takes place largely online. Banner ads and pop-up ads; adMob ads and re-targeting ads; ads on Google, Bing, Facebook and YouTube; on Vine and Vimeo. The ubiquity of online advertising, the frequency with which we are exposed to it, and the ease of acquiring the images and content […]
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