Why A Boring Old Arbitration Clause Could Save Your Business

Clauses in the terms and conditions of your site or app. Could any topic be more boring? Well, snap to Sparky. Today, we take a look at the value of including an arbitration clause in the terms and Lady Justice through arbitrationconditions for your online properties. Specifically, how this collection of legalese language can save your bacon in a worst case scenario.

Who Cares – [Yawn]

You should. The terms for your online property acts as a contract with your users. When drafted correctly, the language in the terms can discourage lawsuits against your business, particularly massive lawsuits. The arbitration clause is the key. To understand why, we need to look back to the olden days – 2010. [Read more…]

The Consumer Review Fairness Act Becomes Law

On December 14, 2016, President Obama signed the Consumer Review Fairness Act into law. What is the The Consumer Review Fairness Act and Online Reviewsnature of this new law, and what does it mean for online providers such as websites and apps? Let’s take a closer look.

Consumer Reviews

Consumer reviews are considered one of the more influential bits of information a person considers when determining to make a purchase. Studies have shown 94 percent of people will move forward with a purchase if a company has four or more stars as an aggregate rating on a review site. Given this influence, it is hardly a surprise to learn that online businesses have tried different tactics to control customer reviews – some more ethical than others. [Read more…]

Copyright Office Launches Online DMCA Agent Registration System

Lo, the year was 2011 when companies operating online learned the Copyright Office was going to launch New Copyright Office Online DMCA Agent Registration System Launchesan online registration system for DMCA agents to replace the horse and buggy paper registration system then in place. And lo did we wait. And wait. And wait some more. Now, after only five years and what is likely more money spent than one could remotely justify, the magic day is upon us. The Copyright Office is launching the new online DMCA agent registration system on December 1, 2016. [Read more…]

9 Legal Tips For Protecting Your Online Business

The Internet is a game changer for entrepreneurs. Never before has a medium Legal tips for online businesses.existed where new ventures can not only compete with large companies, but often outmaneuver those behemoths by thinking out of the box, being flexible, and acting quickly. While you are undoubtedly focused on growth when launching a new business, mitigating legal risk requires a bit of attention as well. With this in mind, let’s take a look at nine legal tips for protecting your online business. [Read more…]

Why Is An Operating Agreement Important?

Promoters tout the limited liability company as an excellent entity choice for new and small businesses Why is an operating agreement important for an LLCgiven the flexibility associated with the structure. While generally true, the flexibility also creates traps for the unwary. One such pitfall concerns the operating agreement. Why is an operating agreement important? Let’s take a look.

State and Promoters Set Traps

“Form an LLC! LLCs are perfect for your new business!
You don’t even need an operating agreement in most states!” [Read more…]

Can You Buy Or Sell An eBay Store?

An established eBay store can be an incredibly profitable venture. While eBay provides just about anyone Buy or sell an eBay store - does eBay all?with an immense money-making opportunity, the legal side of the eBay business model can be rather restrictive in many ways. In this article, we take a look at the restrictions associated with whether you can buy or sell an eBay store.

eBay Terms

As with all questions of this sort, the first place to investigate is the terms and conditions users must agree to when opening an account with the site. eBay gives its terms the title “eBay User Agreement” and addresses the question as follows: [Read more…]

Can You Sue Google For Removing A Website From Search Results?

Google is the big kahuna for online businesses seeking the lucrative benefits of high rankings through Can you sue Google for de-indexing a website?search engine optimization. After all, some 70 percent of all queries on search engines run through Google. Ah, but what if Google removes your website from the search listings? Can you sue the company for taking such action? [Read more…]

Shocking New EU Regulation On Collecting Information From Teens

Trick question. When was the last time the United States and European Countries went to war? The EU enacts Article 8 - Regulation for collecting information from kids under 16Revolutionary war? No – now. The countries are warring over the right to privacy online, and the EU has just enacted a new General Data Protection Regulation [“GDPR”] that contains 99 master regulations on privacy comprising 250 plus pages. Many of the articles are controversial, but one immediately standing out as a shocker is Article 8 covering the collection of personal information from kids online. [Read more…]

France Enters The World Of The Absurd On Privacy

French authorities threaten parents

“Who will save the children?!”

This simple question is producing conflicting answers around the world. In the United States, laws such as the Children’s Online Privacy Protection Act [“COPPA] and Family Educational Rights and Privacy Act [FERPA] with Protection of Pupil Rights Amendment [“PPRA”] create a web of regulations designed to force businesses and educational institutions to protect the privacy of children’s information online and in school settings. In Europe, there is little legislation dedicated specifically to minors, which can produce bizarre policy decisions by legal authorities. [Read more…]

Apple, The FBI, A Judge and the Encryption Debate

The hot topic of the day is the decision of United States Magistrate Judge Sheri Pym to order Apple to Judge orders Apple to hack encryption on iPhoneassist the FBI in accessing the data on an iPhone 5C owned by one of the San Bernardino terrorists. Whether on social media or news reports, much of the information surrounding this order is misunderstood.

The Scenario

On December 2, 2015, Syed Rizwan Farook and his wife, Tashfeen Malik, murdered 14 people in a shooting spree in San Bernardino, California. The criminal act was as shocking as it was disgusting. [Read more…]