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December 2011

Social media platforms are an ideal way for businesses to spread brand awareness through sweepstakes and other interactive promotions. We are starting our series on “Social Media Legal Issues” with a post on sweepstakes, because sweepstakes are fun, they help to illustrate the power of social media, and sweepstakes are a prime example of an old legal issue that is taking a new form as it is applied to the novelty of social media.

Like social media generally, sweepstakes are interactive and frequently shared with others. Despite the usual knock to their odds, people… Read the rest

The house and senate are set to vote on legislation that could have profound effects on online commerce and the Internet in general. These bills seek to protect the intellectual property rights of US businesses and individuals, but opponents of the bill worry that these bills are too broad, are likely to be ineffective for their intended purposes, and are likely to have important negative unintended consequences. Given the current state of the legislation, for reasons we’ve detailed below, we side with those opposing the legislation.

These controversial bills may be voted on as soon as next month. The Senate… Read the rest

Congress Passes Holiday Payroll Tax-Cut Extension
Congress passed a short term fix to extend the payroll taxes.  The Republican led House of Representatives was pushing for a plan that would include a full year extension but ended up settling for a short term measure which will provide benefits for 160 million workers including 40,000 unemployed workers in Washington state.

Microsoft Announces The Kinect Accelerator
Microsoft recently announced The Kinect Accelerator program, which is designed to incubate startups building… Read the rest

Not Just a Tool For the Wealthy
The common estate planning misconception about trusts is that they are instruments used only by and designed only for the wealthy. While commonly used by such individuals, trusts can be an important estate planning and asset management tool that can be used by any individual who is seeking to maximize asset protection. Depending on your objectives, a trust can be one of the simplest ways to ensure your estate, no matter what size, is properly distributed according to your wishes. Today’s article will focus on some common types… Read the rest

Key Term Sheet Provisions: Protective Provisions

In this week’s discussion on term sheet provisions, we’re looking at protective provisions.

What Are Protective Provisions?
Protective provisions are relatively standard provisions of a term sheet that provide investors with a veto on certain key decisions.

What’s at Stake?
The board of directors can decide to take key actions, but if the investors don’t consent, where they have veto power, the company will be prohibited from taking the action. From the investor’s standpoint, they need these provisions to be protected against the tyranny ofRead the rest

Last week, we provided a brief discussion on properly classifying your new hires, and the various factors the IRS will use to determine the status of your worker. This week, we’ll dig a little deeper into the pros and cons of hiring an independent contractor versus an employee.

The Advantages

Save Money
Perhaps the most important benefit that results for most businesses is saving money. By classifying your new hire as an independent contractor your business will not have to pay the… Read the rest

SOPA Vote Postponed; PIPA Set at Top of Senate List; Cantwell Supports OPEN Alternative
Mark up and voting of the SOPA (Stop Online Piracy Act) bill that would either save the entertainment industry or ruin the Internet, depending on who you believe,  has been delayed due to “the House Schedule”. Fred Wilson suggests that the cause of the… Read the rest

Your company is ready to hire an employee. You searched the internet for free employment agreements. You finally found one you’d like to use. Here’s the problem: you don’t understand what every term of the employment agreement means and, more importantly, how those terms are going to affect your business moving forward. Luckily, we’ve boiled down some of the key features of a standard employment agreement for you in this article.

Most employment agreements will include provisions that detail the employee’s duties, term of employment, salary, employment start date, and any included benefits of the… Read the rest

Just days after former U.S. Congressman and long-time merger supporter Rick Boucher began his rally cry behind the advancement of the AT&T and T-Mobile merger, AT&T has released a statement of its intent to give up on progressing with the merger. Believed by many to be on its last legs for much of the past several months, the merger appears now to be officially dead. AT&T released the following statement, in part:

“The actions by the Federal Communications Commission and the Department of Justice to block this transaction do not change the realities of the U.S. wireless industry. It is… Read the rest

LLC Basics

LLCs are one of the most popular types of business entity. Entrepreneurs find LLCs appealing because they offer limited liability, pass-through taxation, flexibility in management, and have relatively simple requirements.

Limited Liability
Like corporations, limited liability companies offer business owners protection against personal liability. If the owner of a sole proprietorship or partnership gets sued, their personal assets, potentially including their home, may be subject to the lawsuit. If the owner of an LLC gets sued, they may lose their business assets, but their personal assets will generally not be subject to… Read the rest