How Do I Keep An Airtight Corporate Veil For My Business?
As a general rule, corporations and LLCs are separate and distinct from their shareholders and members. This means that the owners are typically not liable personally for the debts and obligations (including judgments and settlements) of the company. However, sometimes courts see fit to pierce the corporate veil, bypassing the company and finding one or […]
Which Legal Entity Is Best For My Small Business?
One of the key decisions you will have to make at the early stages of starting your new company is whether to operate your business as a sole proprietor or structure it as a limited partnership, limited liability company or corporation. In this podcast, I discuss the different legal entities, costs of formation and maintenance, […]
Creative Trademark Enforcement: Thinking Outside the Box
In 2000, Lars Ulrich, drummer, co-founder of and ostensible spokesperson for the metal band Metallica discovered that fans were sharing an unreleased, unfinished recording of a song for the Mission Impossible II soundtrack on the then hot file sharing software platform Napster. Ulrich set about the process of filing suit against Napster, several universities and other entities […]
Has the Final Curtain Fallen on The Jersey Boys Legal Woes?
Jersey Boys is by far my favorite Broadway musical. For those who are unfamiliar with Jersey Boys, you must be living under a rock! Jersey Boys was a 2005 jukebox musical with music by Bob Gaudio, and book by Marshall Brickman and Rick Elice. It is presented in a documentary-style format that dramatizes the formation, success […]
Seven Indispensable Intellectual Property Protection Tips for Script Writers
Wherever you go in the world, not just the United States, copyright law is based on the premise that ideas are free. Any two people could- and often do- simultaneously summon the same muse and come up with a similar idea. It’s true with inventions, business models, and storylines. In this case, we’re concerned with […]
The ABC’s of Protecting Your Movie Idea During the Submission Process
The issues surrounding Steven Spielberg’s 1997 Oscar-nominated slave drama Amistad reveals the issues that can befall even an established, well-connected artist when pitching a movie idea (or screenplay) to a studio. You, the creative, may take some steps to protect your hard work against theft. However, your best protection in the end may be the assistance of […]
The ABC’s of Internet Law – Part 2
In part 2 of “The ABC’s of Internet Law,” I cover the following topics: Collecting Emails Outreach Emails Trademarks The Future of Internet Regulation International Enforcement The key takeaways are as follows: Compel your users to accept your terms of service using a checkbox and keep server logs. When you update terms and conditions, force […]
The ABC’s of Internet Law – Part 1
In this episode, I discuss the following topics: Jurisdiction Privacy Policy, Terms of Service & Terms and Conditions Terms of Service Privacy Policy Using Templates to Create Terms of Service & Privacy Policy Updating Terms and Conditions Requiring the User to Check a Box Giving Bad Information or Advice Criticism in Product Reviews Earnings Disclaimers Why […]
The Power to Tax
The Taxing and Spending Clause (which contains provisions known as the General Welfare Clause) and the Uniformity Clause, Article I, Section 8, Clause 1 of the United States Constitution, grants the federal government of the United States its power of taxation. While authorizing Congress to levy taxes, this clause permits the levying of taxes for […]
Choosing the Right Business Structure for Your New Business
When it comes to deciding the best business entity for your small business, the question that is top of mind for entrepreneurs is usually, “What’s the difference between an LLC and an S Corporation?” In this episode, I discuss each.