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Articles Posted in Business Law

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Intellectual Property and Fair Use Principles

In general, intellectual property, includes, copyright, trademarks, and patents (collectively “IP”).  According to the World Intellectual Property Organization, IP refers to creations of the mind, such as inventions, literary and artistic works, designs, and symbols, names and images used in commerce. Now, when it comes to the use of intellectual…

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Data Breach Notification and Applicable Laws

This year saw the data breaches of Sony Pictures, Ashley Madison, and Experian Credit Bureau. The increasing commonality of data breaches has prompted the federal and state legislatures to review their data breach notification laws. What is a data breach? A data breach occurs when an unauthorized user (i.e., hacker)…

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Eagle v. Morgan: Employer Access to Employee Social Media Accounts

The case of Eagle v. Morgan is about an employer’s access to employee’s social media account. This case highlights the importance of companies having social media policies to address the ownership of social media accounts during and after employment. What is the case about and how does it affect your…

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FTC’s Enforcement Action Against LifeLock

According to its website, the Federal Trade Commission works for consumers to prevent fraudulent, deceptive, and unfair business practices and to provide information to help spot, stop, and avoid them. LifeLock has used the massive security breaches of companies like Anthem and Target to increase its membership. On July 21,…

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Regulation A+ and Tiers I and II

As of March 25, 2015, the Securities and Exchange Commission (“SEC”) adopted new rules to update and expand Regulation A. Regulation A+ will allow companies to gain access to funds through crowdfunding. These new rules are mandated by Title IV of the Jumpstart Our Business Startups (JOBS) Act. What will…

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Software Licensing and SaaS Agreements

The modern day business model is shifting towards cloud computing and Software-as-a-Service (“SaaS”) agreements. This new trend allows customers to treat licensing costs as expenses that can be paid over time. SaaS also provides a solution to bug fixes, glitches, and the updating of licenses simultaneously. With the shift to…

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Suspended or Forfeited Corporations

Many startups, entrepreneurs, and business owners will consider registering a corporation instead of remaining a partnership or a limited liability company. To become incorporated, an incorporator must file the company’s articles of incorporation with the state of choice, which provides information including the company’s official name. However, the status of…

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Crowdfunding: Protecting Intellectual Property

Crowdfunding involves a large number of people contributing small amounts of money to finance a business venture, typically an early-stage startup company. Over the past several years, online crowdfunding platforms have become a popular tool for new businesses and entrepreneurs to market inventions, generate revenue, and increase customer base. While…

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Online Advertising and Pay-Per-Click Fraud

Pay-per-click (“PPC”) advertising is a profitable online service that search engines, such as Google, Yahoo, or Microsoft, provide their customers. Now recently, PPC fraud has developed and caused loss of revenues for businesses and advertisers.   PPC fraud occurs when someone or a program clicks on a company’s advertisement without intending…

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What Happens If You Fail to Participate in Alternative Dispute Resolution?

In general, the interested parties in litigation engage in some sort of “alternative dispute resolution,” or ADR, in order to resolve disputes. In fact, ADR may be used to settle cases that are still pending in court. Both the judicial and legislative branches of government have established new programs in…

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