Corporate Law

/Corporate Law

Corporate Law Update – Mind Your Bits and Bytes: Cybersecurity Disclosure and Due Diligence

Because the value of today’s business is based upon information, it is crucial that companies establish and implement strong policies and procedures to protect their data. The Securities and Exchange Commission  recently observed, As companies’ exposure to and reliance on networked systems and the Internet have increased, the attendant risks and frequency of cybersecurity incidents [...]

February 2018 / TCPA Update – “STOP” by Any Other Name…Combatting Unreasonable Revocation

When the FCC declared that parties could revoke consent under the TCPA by “any reasonable method,” many saw this as a gift to professional TCPA plaintiffs – time has shown that they were right. After all, reasonable minds can differ over what is “reasonable.” The FCC tried to erect parameters, stating “we will look to [...]

CORPORATE LAW UPDATE: Business Buyers (and Website Operators): Go Through The Hoops So You Don’t Get Stung… By Copyright Claims!

Anyone operating a website or considering the acquisition of or an investment in a business which does so, needs to understand the exposure to claims of liability for copyright infringement, and how to mitigate that risk. Under the legal theory of secondary infringement, one who does not themselves infringe anything but contributes to such effort [...]

Corporate Law Update – Email Habits for the Wise: Tips to Avoid Turning Email into a Smoking Gun Exhibit

The worldwide population sends and receives billions of emails each day. With increasing hacks and malware attacks, organizations today for good reason focus much of their risk management efforts on shielding against external threats.  However, inappropriate email use by an organization’s own employees can be equally destructive when the organization is involved in litigation or [...]

Corporate Law Update – Pursuing Outside Funding: Don’t Get Stumped!

When start-up and emerging growth companies pursue professional investors for equity funding such as venture capital or angel finance, they should be prepared for certain inquiries that these investors will typically make. Even though these questions should be anticipated, many companies are often not adequately prepared to respond, which lowers their chances of obtaining funding. [...]

Corporate Law Update – New Federal Overtime Rules Are Gone For Now – What’s Next?

On August 31, 2017, a federal district court in Texas granted summary judgment in favor of fifty-five business groups and twenty-one states that sought to enjoin Obama-era changes to overtime pay rules.  Those changes would have more than doubled a salary level threshold for common “white collar” overtime exemption categories and impacted an estimated 4.2 [...]

Intellectual Property Law Update: September 2017

Fall: time for baseball playoffs, NFL season in high gear … and IP-related profit opportunities such as: Considerations when addressing requests for assumption of IP licenses by bankrupt companies; Ramifications of US Supreme Court case allowing ‘disparaging’ trademarks; How a Privacy Shield filing can help you meet your GDPR obligations; Uber and privacy policies!! Your [...]

Incorporating in Delaware and Taking Advantage of the Delaware General Corporation Law

The decision of where to form a corporation or limited liability company is based on several factors, including location of assets and operations and owner/investor preference.  Meanwhile, selecting a jurisdiction for a new subsidiary in a complex corporate structure may be driven primarily by tax concerns. Additional considerations, such as exchange listing obligation, may impact [...]

Corporate Law Update July 2017: Sweepstakes, Contests and Giveaways 101

Avoiding Illegal Lotteries Sweepstakes and other promotions are great marketing tools; however, they are highly regulated by both federal and state law.  The most basic rule in promotion planning is to avoid having your promotion be deemed a lottery since only state governments can hold lotteries.  A promotion is considered a lottery (and thus, illegal) [...]