In Berman v. Freedom Financial Network LLC, the Ninth Circuit emphasized attention to detail in ensuring that the enforceability of a website’s terms and conditions.
Website terms and conditions are critical to establish the rules governing a website users’ use of the website. The terms and conditions can establish ownership rights to the site and
The Federal Trade Commission renews commitment to enforcing review and endorsement marketing by sending letters to more than 700 companies, advising them that they could incur significant legal penalties if they use endorsement marketing in ways that fail to comply with the FTC’s guidance on the matter.
In October, the Federal Trade Commission sent thousands
Producers beware! A recent ruling from the Second Circuit serves as a reminder that producers’ ownership of some copyrights may be jeopardized by the Copyright Act’s reclamation provision.
Just in time for Halloween, the Court of Appeals for the Second Circuit (which encompasses New York) issued its opinion in Horror Inc. v. Miller, No. 18-3123
Attention all social media influencers! Pay attention to Petunia Products, Inc. v. Rodan and Fields LLC, a case from the Central District of California.
Way back in my first blog post, I explained that, as influencer marketing grows, it will increasingly draw the attention of regulators. Now influencers must also worry about becoming the
Building a team of advisors can be one of the most beneficial steps a startup can take in its early stages. Even the bests entrepreneurs don’t know everything, and it’s critical for them to acknowledge and address blind spots. Successful startups tend to be the ones that do this sooner, rather than later, and doing
In April, the U.S. Supreme Court unanimously gutted the Federal Trade Commission of one of its most powerful tools in consumer protection with its opinion in AMG Capital Management v. FTC.
Section 13(b) of the Federal Trade Commission Act gives the FTC the authority to seek “injunctions” in federal court to remedy “any provision
Is your business operating in a state other than the state of formation? If so, it may need to qualify in that state.
You had a business idea and took the initiative to form an LLC or corporation in your home state so that you can run the business with limited liability protections. Congratulations! You’re
Part 3 – Disadvantages of an S Corp
Entrepreneurs face several choices when structuring their business. This series of posts is intended to help them evaluate whether or not they should utilize S Corp status. The first post covered what an S Corp actually is (a tax status, not a business entity) and reviewed the
Part 1 – Business Entity Comparison: S Corp Status vs Corporation
One of the first legal questions a startup’s founder faces is “what business entity should I form?” There are a host of options – including sole proprietorships, partnerships, limited liability companies, S Corporations, and C Corporations – each with its own advantages and disadvantages.
