The applicability of the federal securities laws is remarkably broad. The Securities Act of 1933 defines a “security” to include stock, bonds, notes, fractional undivided interests in oil, gas and other mineral rights, and “investment contracts.” The Supreme Court analyzed such contracts in the Howey case to mean investments in a common enterprise with an […]
How Not to Protect Your Company’s Valuable Trade Secrets
A federal district court in Illinois recently reminded all of us of how important it is to take the necessary steps to protect the proprietary information that you consider to be a trade secret before any misappropriation occurs. If you do so after the fact you may lose your ability to enjoin the thieves from […]
The Musical Works Modernization Act is Congress’ Latest Effort to Bring Peace to the Music Business
The Hatch-Goodlatte Musical Works Modernization Act was signed into law on October 11, 2018. The Act is Congress’ attempt to bring some semblance of peace to the various factions within the music industry. These groups have been waging legal warfare against one another since the invention of music streaming technologies and the advent of its […]
Warning to California Artists-Ninth Circuit Decision Limits Some Royalty Rights
Who This Decision Affects Artists expecting a 5% royalty on sales of any “work of fine art” as outlined in a California state law that took effect January 1, 1977. This law was enacted to protect artists by requiring the seller, or seller’s agent, to withhold a 5% royalty and pay that to the artist. […]
How to Protect Your Company’s Software Assets Through Contract Protection
If your company drives its revenue with proprietary software assets, you must ensure those assets are not improperly shared or misused by others. One way to protect your company’s software-related intellectual property (IP) rights is through a written contract. How Can Contract Provisions Help Protect Software? Most commercial software products are distributed in compiled object […]
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