In October, the FTC reached a settlement with peer-to-peer (“P2P”) file sharing developer Frostwire LLC, for what the FTC determined were unfair and deceptive practices with regard to the default settings used in Frostwire’s P2P…more
Crowdfunding legislation has received a lot of support in Washington. Indeed, it might be the only thing that has united both political parties, the White House, and Congress. But is the legislation actually any good? …more
In recent news, different courts within the United States were presented with questions regarding whether or not forum/ venue selection clauses contained in online user agreements were valid. The courts took different paths to…more
For crowdfunding to be successful, communities, whether local or national, must be involved. As a result, social media has become a critical component of crowdfunding. Indeed, one might wonder if the two are so intertwined as…more
Crowdfunding is part of a general movement to facilitate financing for new companies. Indeed, in today’s economic climate, there clearly is a need for new ventures to be able to reach out to communities and stakeholders to…more
Increasing the opportunities for startups to raise financing is all the rage in Congress. So, with the changes proposed by H.R. 2930, H.R. 2940, and S.1791, it might be easy to miss another important piece of legislation with…more
Recently, the Federal Trade Commission announced that it would be proposing amendments to update critical aspects of the Children’s Online Privacy Protection Act (“COPPA”) to better protect minors’ privacy online against…more
Congressional support and momentum for crowdfunding is growing. Crowdfunding advocates received another boost in the Senate with the proposed Democratizing Access to Capital Act[S.1791]. Bipartisan support combined with a lot…more
Is Regulation D archaic? Is it an obstacle to investment? Or worse, is Regulation D helping the 1%, but punishing the 99%? Proposed changes to Regulation D under H.R. 2940 the Access to Capital for Job Creators Act (not to be…more
The House of Representatives overwhelmingly passed HR 2930, the McHenry Crowdfunding Bill, in a 407-17 vote. First proposed in September of 2011, the McHenry Crowdfunding Bill went through just one revision in committee and is…more
I am starting to think Tennessee doesn’t like the Internets. There are two pieces of legislation, which strike me, as odd attempts to regulate and control peoples behavior online in the great Volunteer state…more
The SEC is proposing new regulations under the Section 926 of the Dodd- Frank Wall Street Reform and Consumer Protection Act. The Rule is officially know as the Disqualification of Felons and Other “Bad Actors” from Rule 506…more
There is a great proposal in the California legislature which would allow for the formation of a “flexible purpose corporation”. This is Senate Bill number 201 for those who keep track of these things. Think of the Flexible…more
The 9th Circuit has taken a another look at trademark law in the Internet era and determined that the use of a competitor’s name in Google’s Adwords does not constitute trademark infringement…more
I have been been drafting quite a few T&Cs for websites lately, and in the course of reviewing some T&C out in the wild, I realized that there are few best practices in place. For larger companies, I think there was a time when…more
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