Federal District Court in New York Decides that Whether a Cryptocurrency is a Security Depends on When and How It is Sold

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On July 13, 2023, the U.S. District Court for the Southern District of New York issued a decision in SEC v. Ripple Labs, Inc., a closely watched cryptocurrency case involving alleged securities law violations.  The court held that Ripple Labs unlawfully sold unregistered securities in violation of the Securities Act of 1933 (“Act”) when it sold …Read more

Federal Trade Commission’s Proposed Nationwide Ban on Non-Compete Agreements Will Change the Legal Landscape:  Is Your Business Ready?

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On January 5, 2023, the Federal Trade Commission proposed a nationwide ban on most employment non-compete agreements.  Less than a month later, on February 1, a bipartisan group of U.S. Senators reintroduced the “Workforce Mobility Act of 2023,” which would ban the use and enforcement of post-employment non-compete agreements across the country. As efforts to …Read more

Ninth Circuit Allows Enforcement of Employment Arbitration Agreements in California

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Ninth Circuit Court of Appeals Eliminates Obstacles to Enforce Employment Arbitration Agreements in California Under the Federal Arbitration Act. After nearly three years of legal challenges, the 9th Circuit Court of Appeals, in Chamber of Commerce v. Bonta affirmed a district court injunction striking down California Assembly Bill 51 (“AB 51”) because it is preempted …Read more

Changing the Legal Structure of Your Family Business to Ensure Your Professional and Personal Priorities Align as the Business Grows

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The legal structure of your family business need not be permanent.  You can change the structure to meet the needs of your evolving family business.  Your business’ legal structure plays a role in determining your tax rates, governance and filing requirements, liability protections, transitions to the next generation, and more.  As your family business grows, …Read more

Developing and Implementing a Comprehensive IP Strategy for Your Technology Startup

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Now that you have decided to launch your technology startup it cannot be overstated as to how important it is to develop and implement a comprehensive intellectual property (“IP”) strategy to ensure your company successfully secures, retains and commercializes its IP rights. Such a strategy should cover IP creation, acquisition, and protection, and also try …Read more

Recognizing and Protecting Your Family Business’ Most Basic Intellectual Property Rights

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Just about every business, including your family business, likely owns some form of intellectual property (“IP”).  IP can include trademarks, patents, copyrights or trade secrets.  IP rights allow your business to protect economically valuable intangible assets.  Once secured, IP rights allow your company to develop powerful competitive advantages in the marketplace where your goods and …Read more

Defining the Founders’ Roles and Responsibilities in Your Technology Startup

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You’ve decided to start a new technology company with several colleagues from your past and present employers, and a college friend with a background in finance.  Everyone is excited about the new venture.  That excitement, however, sometime clouds what would otherwise be the group’s methodical planning process and thoughtful execution of the business plan to …Read more

Balancing the First Amendment Protection of Artistic Expression Against the Trademark Rights of a Global Brand in the Digital World

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On May 18, 2022, U.S. District Judge Jed Rakoff issued a written decision refusing to dismiss Hermes’ trademark infringement lawsuit against Los Angeles designer Mason Rothschild over Rothschild’s “MetaBirkins” non-fungible tokens (“NFT”).  The case has been closely watched by trademark lawyers and NFT creators because it represents a familiar clash between federal trademark law and the …Read more