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29 JulFTC Issues COPPA Guidance For Obtaining Verifiable Parental Consent

The Federal Trade Commission recently issued amended guidance on enforcement of the requirement that websites and applications subject to COPPA, or the Children’s Online Privacy Protection Act (any website or application that directs itself to, or has actual knowledge that it collects information from, children under the age of 13), obtain “verifiable parental consent” prior […]

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25 JulShould You Have an Agreement with Your Co-Founders From the Beginning?

When you team up with your co-founders to start on the process of developing a product or service, and then launching a company to sell that product or service, the last thing you are probably thinking about is writing up an agreement among you and your founders. You may even believe that putting an agreement […]

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22 JulSEC’s Investor Advocate Submits Inaugural Report to Congress

The Securities and Exchange Commission’s Investor Advocate, a position created by the Dodd-Frank Act to report and advise on the work of the Commission and self-regulatory groups in response to investor concerns, recently submitted its inaugural report to Congress. In the report, the Investor Advocate, Rick Flemming — previously counsel for the North American Securities […]

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18 JulSEC Clarifies Proper Verification Methods for Accredited Investors Under Rule 506(c)

The Securities and Exchange Commission recently released comments that further clarified specific proper verification methods for determining the accredited investor status of prospective purchasers in a Rule 506(c) offering. Recall that the four safe-harbor methods for verifying status are: Verification of the purchaser’s income through IRS forms that report the purchaser’s income Verification of the […]

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15 JulCan Entities Be Accredited Investors?

The answer to that question is yes. The flip side, of course, is that some entities can also not be accredited investors. In addition to the well-known definitions of an individual accredited investor, an entity accredited investor includes: A bank, insurance company, registered investment company, business development company, or small business investment company Employee benefit […]

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08 JulMovement to Eliminate Noncompetes in Massachusetts Makes Compromises

Last week, the Massachusetts State Senate approved a proposal to modify the law regarding noncompete agreements. The bill would, among other things, render all noncompetes with a duration up to six months presumptively reasonable, while all noncompetes longer than six months would be presumptively unreasonable. Noncompetes limited to the geographic area where the employee worked […]

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01 JulIncorporation Does Not Guarantee a Trademark

Entrepreneurs who are interested in protecting their startup’s trademarks should be aware that merely incorporating their company under the name they wish to have as a trademark does not necessarily mean that name is clear for a trademark. When you register a company with the state secretary, all the office is concerned with in regards […]

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24 JunDo You Have a Valid Non-Compete Clause?

The legality of non-compete agreements may be in its last months here in Massachusetts, but for now such agreements are still valid. However, there are two major requirements in order for a non-compete to be valid and enforceable: one, the agreement must be bargained and compensated for; two, the scope of the restrictions must be […]

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03 JunPatent Troll Target Strikes Back — Court Grants First Fee-Shifting Award

Last year, the Supreme Court in Octane Fitness, LLC v. ICON Health & Fitness, Inc. changed the legal standard by which courts could grant fee-shifting in patent infringement cases, or the awarding of the attorneys’ fees of the prevailing party, pursuant to the Patent Act’s fee-shifting provision. Prior to Octane Fitness, the Act permitted courts […]

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30 MayAnti-Patent Troll Bill Tabled by U.S. Senate

Last week, the Senate Judiciary Committee tabled consideration of the Patent Transparency and Improvements Act bill, the Senate version of the House of Representatives’ Innovation Act bill passed six months ago. Committee chairman Senator Patrick Leahy stated that removal of the bill was due to lack of support for a comprehensive deal, and the failure […]

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